University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Miami for Peace v. Miami-Dade County FA-FL-0002
Docket / Court 1:07-cv-21088-CMA ( S.D. Fla. )
State/Territory Florida
Case Type(s) Speech and Religious Freedom
Case Summary
On April 24, 2007, non-profit public interest corporations and a regional network of peace and social justice groups filed a lawsuit in the U.S. District Court for the Southern District of Florida, under 42 U.S.C. § 1983 and the Declaratory Judgment Act, 28 U.S.C. § 2201, against the Miami-Dade ... read more >
On April 24, 2007, non-profit public interest corporations and a regional network of peace and social justice groups filed a lawsuit in the U.S. District Court for the Southern District of Florida, under 42 U.S.C. § 1983 and the Declaratory Judgment Act, 28 U.S.C. § 2201, against the Miami-Dade County and the Miami-Dade College. The plaintiffs, represented by private counsel, sought declaratory, injunctive, and monetary relief. They alleged that the local ordinance that employed a permit scheme for expressive activities in public fora was subject to arbitrary enforcement, and that the loitering ordinance was unconstitutionally vague, in violation of their rights to free expression under the First Amendment.

The plaintiffs intended to hold an anti-war demonstration near the campus entrance during a commencement address by the then president at Miami-Dade College on April 28, 2007. The County's permit scheme required the plaintiffs to obtain a lane closure permit for their proposed parade route and rally, but the County refused to accommodate them. Without a permit, the participants of the parade would be forced to crowd onto the sidewalks, which would likely violate the County's loitering ordinance. The plaintiffs feared that the County would penalize their members and shut down the parade. Feeling that their freedom of speech was infringed, the plaintiffs challenged the permit and loitering ordinances.

The parties reached an agreement regarding the April 28 demonstration after the initial complaint was filed. The plaintiffs agreed to march and rally on designated sidewalks and grassy areas, and the defendant agreed not to enforce the loitering ordinance against the plaintiffs during the protest. Given the agreement, on April 26, 2007, the District Court (Judge Cecilia M. Altonaga) denied the plaintiffs' emergency motion for a preliminary injunction. The April 28 demonstration was able to proceed.

On May 11, 2007, the plaintiffs stipulated to voluntarily dismiss the case against the Miami-Dade College. The Court granted the stipulation on the same day. The Miami-Dade County remained as the only defendant in this case. On September 14, 2007, the plaintiffs filed their second amended complaint.

On June 4, 2008, the Court granted the plaintiffs' motion for summary judgment and issued a permanent injunction banning the County's future enforcement of the permit and loitering ordinances. The Court further ordered the parties to schedule a mediation regarding compensatory damages and attorneys' fees. In the opinion, Judge Altonaga found that the permit ordinance was constitutionally overbroad due to the unlimited discretion provided to the County officials and the lack of procedural safeguards. In addition, the Court declared the loitering ordinance unconstitutionally vague, because the ordinance failed to provide people with fair notice and encouraged arbitrary enforcement.

On August 20, 2008, the parties stipulated a settlement agreement, in which the County agreed to pay the plaintiffs compensatory damages and attorneys' fees. The Court consented to the stipulation in its August 22 Final Judgment. This ended the case.

Emma Bao - 06/18/2013


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Freedom of speech/association
Content of Injunction
Preliminary relief denied
Defendant-type
Jurisdiction-wide
Law-enforcement
Plaintiff Type
Private Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) Miami-Dade County
Plaintiff Description Non-profit public interest corporations and a network of peace and social justice groups in the region opposing a local ordinance that employs a permit scheme for expressive activities in public fora subject to arbitrary enforcement.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Attorneys fees
Declaratory Judgment
Damages
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2008 - n/a
Case Closing Year 2008
Case Ongoing No
Docket(s)
1:07-cv-21088-CMA (S.D. Fla.) 08/22/2008
FA-FL-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Verified Complaint for Declaratory and Injunctive Relief for Violation of Civil Rights 04/24/2007
FA-FL-0002-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Memorandum of Law in Support of Emergency Motion for Preliminary Injunctive Relief 04/24/2007
FA-FL-0002-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Denying Motion for Preliminary Injunction] 04/26/2007 (S.D. Fla.)
FA-FL-0002-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Final Order of Dismissal with Prejudice as to Defendant, the District Board of Trustees of Miami-Dade College 05/11/2007 (S.D. Fla.)
FA-FL-0002-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint 06/04/2007
FA-FL-0002-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint 09/14/2007
FA-FL-0002-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Memorandum of Law in Support of Motion for Final Partial Summary Judgment Against Defendant Miami-Dade County 03/17/2008
FA-FL-0002-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Granting Motion for Summary Judgment] 06/04/2008 (2008 WL 3163383) (S.D. Fla.)
FA-FL-0002-0006.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Administratively Closing Case 07/18/2008 (S.D. Fla.)
FA-FL-0002-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation of Settlement 08/20/2008
FA-FL-0002-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Final Judgment 08/22/2008
FA-FL-0002-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Altonaga, Cecilia M. (S.D. Fla.)
FA-FL-0002-0003 | FA-FL-0002-0004 | FA-FL-0002-0006 | FA-FL-0002-0007 | FA-FL-0002-0009 | FA-FL-0002-9000
Brown, Stephen Thomas (S.D. Fla.) [Magistrate]
FA-FL-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Ross, Robert William Jr. (Florida)
FA-FL-0002-0001 | FA-FL-0002-0002 | FA-FL-0002-0003 | FA-FL-0002-0005 | FA-FL-0002-0008 | FA-FL-0002-0010 | FA-FL-0002-0011 | FA-FL-0002-9000
Shlackman, Mara (Florida)
FA-FL-0002-0001 | FA-FL-0002-0002 | FA-FL-0002-0008 | FA-FL-0002-0010 | FA-FL-0002-0011 | FA-FL-0002-9000
Defendant's Lawyers Dominguez, Carmen (Florida)
FA-FL-0002-0003 | FA-FL-0002-9000
Licko, Carol Ann (Florida)
FA-FL-0002-0003 | FA-FL-0002-9000
Pastor, Bernard (Florida)
FA-FL-0002-0003 | FA-FL-0002-0008 | FA-FL-0002-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -