MIAMI - The City of Miami Beach faces civil charges from a Miami-Dade County resident who says the city violated the First Amendment, according to a lawsuit filed on Jan. 20 in the Miami-Dade County Circuit Court.
Plaintiff David Custin Is a lobbyist, political consultant and free speech advocate. According to the suit, Miami Beach held a reading on an ordinance in June 2017. The plaintiff says that the ordinance was directed at him and was passed by the city's commissioners and mayor because they had willful, reckless or wanton disregard of Custin's constitutional rights.
Ordinance 2016-4024 prohibited lobbying of the city commission by campaign consultants for a period of 12 months after the swearing in of any elected official for whom the campaign consultant provided services.
The plaintiff is charging the city with one count of retaliation in violation of the First Amendment, and says that it is his constitutionally protected right to represent the candidates of his personal preference by lobbying the city. Custin Is seeking damages in the form of lost wages, impaired earning capacity, litigation fees and other damages deemed appropriate.
Custin is represented by the Wolfson Law Firm, LLP, of Miami. The City removed the case to federal court on Feb. 19.