A Miami judge has dismissed a lawsuit aimed at removing City Commissioner Joe Carollo from office. The lawsuit alleged that Carollo violated the Miami City Charter by infringing on the free speech rights of Bill Fuller and Martin Pinilla, owners of the Ball and Chain restaurant in Little Havana.
Carollo’s attorney, Andres Rivero, expressed satisfaction with the ruling, stating that the lawsuit lacked merit and was improperly filed. He added that the matter is resolved unless the plaintiffs choose to appeal.
Jeffrey Gutchess, representing Fuller and Pinilla, indicated plans to appeal the dismissal. He emphasized the case’s significance, arguing that it pertains to the enforcement of citizens’ rights under the constitution.
The lawsuit claimed that Carollo should forfeit his office based on a provision in the city charter that mandates removal of public officials who violate citizens’ rights, including free speech. A previous jury had ruled that Carollo had indeed infringed upon the plaintiffs’ rights.
On Friday, Miami-Dade Circuit Judge Daryl Trawick stated that Carollo was acting in an “individual capacity,” rendering the challenge to his office ineffective. Trawick noted that the previous judgment could be reversed upon appeal.
Gutchess explained that the lawsuit was first filed in January, but a judge determined that they did not have standing under the city charter. Consequently, they amended the lawsuit to challenge Carollo’s right to office through a quo warranto action, which questions an individual’s authority to hold public office.
The plaintiffs have previously accused Carollo of engaging in a vendetta against them due to their support for a rival political candidate.
In related legal matters, Judge Rodney Smith recently ruled that Carollo’s wages could not be garnished to satisfy a $63.5 million judgment awarded to Fuller and Pinilla in a separate civil case. Carollo is appealing this judgment as well. Additionally, U.S. Magistrate Judge Lauren Louis has recommended that Carollo be allowed to claim his Coconut Grove home as a homestead under Florida law, which would protect it from seizure for judgment payments; this matter is still pending final decision.
Legal News
September 23, 2024Cards Against Humanity Sues Elon Musk for $15 Million Over Alleged
