A judge has dismissed a lawsuit seeking to fire Miami Commissioner Joe Carollo, the latest legal victory for the politician.
The lawsuit alleged that he violated the City of Miami Charter by infringing on the free speech rights of two Little Havana businessmen, Bill Fuller and Martin Pinilla, who had previously sued the city and Carollo.
“This lawsuit is without merit, so we are very happy to show that the lawsuit was never a real lawsuit and it is completely over unless they want to appeal,” said Carollo’s attorney Andres Rivero.
But Fuller and Pinilla and their attorney Jeffrey Gutchess said they plan to appeal.
“We are asking for expedited proceedings, particularly because we believe this is an issue of the utmost importance to the citizens of Miami, to have their Bill of Rights and their Constitution upheld by a court of law,” Gutchess said.
In their lawsuit, the businessmen argue that Carollo should be removed from office under a provision of the city’s charter that says a public official “is immediately forfeited from his or her office or employment” if he or she violates a citizen’s rights, including free speech. In a separate civil case last year, a jury found that Carollo violated the businessman’s free speech rights. Carollo was awarded a $63.5 million judgment, which he has appealed.
On Friday, Miami-Dade Circuit Judge Daryl Trawick ruled that because Carollo acted in “an individual capacity” and “not in his official capacity,” the challenge to his right to hold office cannot stand. He also noted that the ruling could be overturned on appeal.
Gutchess says they first filed the complaint in January and a judge told them they had no standing under the city’s charter, so they amended the lawsuit to challenge Carollo’s right to hold public office through a lawsuit called quo warranto.
“What right does Joe Carollo have to hold office?” Gutchess said. “For us, it’s a no-brainer.”
Trawick said the old legal principle did not apply to this case and dismissed the lawsuit Friday.
