A Miami-Dade County judge has dismissed a lawsuit against former Miami Commissioner Alex Diaz de la Portilla, who was accused of attempting to pressure a lobbyist to provide financial benefits to an associate in a marina development deal.
Judge Mavel Ruiz issued the ruling in the 11th Judicial Circuit Court on June 27, finding that the complaint filed by lobbyist Manuel Prieguez should be dismissed on the basis that Portilla – as an elected Miami official – had legislative and qualified immunity when the alleged incidents happened.
The lawsuit claimed that Portilla had arranged the canceling of a request for proposal (RFP) after Prieguez and a client of his, Aabad Melwani, president of Rickenbacker Marina, rebuffed Portilla’s push to have an associate partner with Melwani in the marina development.
Portilla argued in the litigation that Prieguez’s lawsuit should also be dismissed because the plaintiff failed to allege an underlying tort in his conspiracy charges and that Prieguez had failed to demonstrate a pattern of wrongdoing in his racketeering charges.
After Melwani “rejected all deals,” Portillo voted in a way that led to a tie, leading all bids on the marina project to be thrown out, according to the lawsuit. Portillo’s actions caused the plaintiff to lose significant income, the complaint says.
“The act of voting is a core legislative function,” Judge Ruiz said in her opinion. “As such, the act of voting, undertaken as a legislative function, is protected by legislative immunity. Therefore, the act of voting cannot support the claims brought against Portilla.”
Legislative immunity also covered all aspects of the elected leader’s functions, including meetings held in secret, the opinion states.
“Alex Diaz de la Portilla commends Circuit Judge Mavel Ruiz for her thorough Order of Dismissal of the frivolous, vexatious and maliciously false lawsuit brought against … Portilla by a disgruntled and disreputable lobbyist …” Benedict Kuehne, Portilla’s attorney, said in an email to the Florida Record.
The only reason the lawsuit was filed was to interfere with Miami’s city elections, Kuehne said.
“This dismissal is a validation of the immunity granted to public officials who act in furtherance of their official duties,” he said. “Alex Diaz de la Portilla welcomes this definitive court ruling. …”
Kuehne called the lawsuit baseless and defamatory, arguing that it was politically motivated by a lobbyist seeking insider access to City Hall. Portilla was simply attempting to protect the city from such influences, he said.
“His entire public service has been devoted to working tirelessly on behalf of the citizens and taxpayers of the city of Miami to enhance the city as the best community in which to live and work,” Kuehne said.
Portilla will continue his commitment to public service now that the lawsuit has been dismissed, he said. In November of last year, Portilla lost a run-off election to reclaim his city commission seat. Earlier in the fall, he was suspended from office by Gov. Ron DeSantis after state prosecutors charged him with felony counts of bribery, money laundering and other misconduct.
The judge’s order was granted without prejudice, meaning that Portilla has 20 days to file an amended motion.