In a split vote, the Gainesville City Commission has directed private attorneys to file a lawsuit seeking a restraining order to stop the state from enforcing a section of House Bill 1, the new “anti-riot” law.
The 4-3 vote on Aug. 5 came in the face of a recommendation of the City Attorney’s Office not to pursue a “facial challenge” of HB 1 but to instead direct the office to monitor HB 1’s effects on cities around the state.
City Attorney Nicolle Shalley said in an email to the Florida Record that she couldn’t comment on pending legal matters, but she did provide some factual information.
“The complaint has not been filed (as of Thursday),” Shalley said. “... The city is being represented by Jonathan Miller with the Public Rights Project and Miriam Haskel and Berbeth Foster with the Community Justice Project.”
The legal challenge will be done on a pro-bono basis by the Oakland-based Public Rights Project and the Miami-based Community Justice Project, according to the city. The Public Rights Project views HB 1 as a threat to municipal governments in Florida.
“The massive law erases the ability of local governments to pass budgets responsive to their communities’ needs, in addition to undermining the free speech and assembly of all Floridians,” the nonprofit group said in a recent news release.
A draft of the lawsuit to be filed in Florida’s Second Judicial Circuit focuses on concerns about the new law’s potential to upend budget decisions that have been made by Gainesville officials, including police reform measures.
“HB 1 allows the governor and his cabinet to wield statewide executive power to take control of a local budget that reduces law-enforcement spending, thereby reversing the local legislative process and directing local tax dollars with no guiding standards, no limitations from the state legislature, and no accountability to the impacted local communities,” the draft of the lawsuit states.
The resolution passed last week by the Gainesville City Commission says the new law threatens the city’s fiscal autonomy and gives the Florida Administration Commission carte blanche to override Gainesville’s municipal priorities.
“HB 1 also poses serious constitutional and civil liberties issues, including potential violations of the equal protection clause, the due process clause and the First Amendment of the U.S. Constitution,” the resolution says.
Supporters of HB 1, including Gov. Ron DeSantis, say it’s needed to give law enforcement the tools to head off violence and property damage during any future demonstrations.