Latest news with #ThirdDistrictCourtofAppeal
Miami Herald
01-08-2025
- Politics
- Miami Herald
Court ruling against the city of Miami protects voters' rights. That's good news
City of Miami residents are fed up with backroom deals and insiders controlling our democratic process at city hall — and they are being heard with the help of the local courts. On Thursday, the Third District Court of Appeal upheld an earlier ruling by Miami-Dade Circuit Court Judge Valerie Manno Schurr declaring that the city of Miami had no legal authority to postpone its November until 2026 without voter approval. The ruling is a win for democracy and the rule of law. The appellate court ruling came following a lawsuit filed by mayoral candidate Emilio González, who sued last month after the Miami City Commission voted 3-2 to postpone the election to 2026 via an ordinance, rather than through a ballot referendum. Politicians can not change election dates or their term length without voter approval. That power rests with the people. The court's finding that the ordinance was an unlawful change to the City Charter made without the electorate's approval reinforces what we've been saying all along: Miami residents deserve better representation. We were troubled by these attempts to give term-limited politicians more time on the dais, circumventing the will of voters who enacted term limits in the first place. This moment presents an opportunity to strengthen our democracy through the proper channels: an election. The Stronger Miami amendment campaign underway now ( offers three essential reforms to strengthen our city's democracy and ensure more inclusive, accountable leadership: Align city elections with state and national elections to increase voter participation and reduce costs. Miami's current odd-year election cycle depresses turnout, creating opportunities for special interests to dominate. Moving to even-year elections will boost participation and save taxpayers money. Make commissioners more responsive and accountable to the neighborhoods they serve. Expanding the commission from five to nine commissioners will create smaller, more manageable districts, allowing residents to know and easily reach their elected representatives. Establish proper redistricting standards so that city districts serve communities, not special interests. These changes will strengthen our community and make politicians more responsive to our city's needs, not just their interests. The Stronger Miami initiative empowers voters, allowing them to have a meaningful impact on decisions that affect our everyday lives. These reforms aim to create a more accountable and accessible system that reflects our city's evolving needs. The commission's recent vote to extend the terms of existing politicians without voter approval is exactly why Stronger Miami was formed, and it speaks to the critical work we are doing to achieve community-driven reforms. Judge Manno Schurr's ruling — and the appeals court's confirmation — ensures that these vital initiatives can be considered by the voters, not buried by backroom political maneuvering. The November election must proceed as scheduled, allowing citizens to exercise their right to vote for the leaders of their choice for a mayor, city commissioner and referendum questions. Democracy works when the people's voices are heard. This significant ruling ensures it stays that way in Miami. Elena V. Carpenter is a member of the board of directors of One Grove Alliance, which has united with the ACLU Florida, Engage Miami, Florida Rising and Miami Freedom Project to create Stronger Miami, a grassroots coalition dedicated to improving democratic participation and representation in Miami.
Miami Herald
31-07-2025
- Politics
- Miami Herald
Miami election date change was unconstitutional, appellate court rules
The city of Miami's decision to postpone the scheduled November 2025 election to 2026 without voter approval was unconstitutional, Florida's Third District Court of Appeal has ruled, siding with a lower court. On Thursday, the appellate court handed down its ruling in the lawsuit filed by mayoral candidate Emilio González, who sued last month after the Miami City Commission voted 3-2 to postpone the election to 2026 via ordinance, rather than through a ballot referendum. Thursday's ruling marked another victory for González, a former city manager. 'Let this be a warning to every politician in Miami: the days of corruption without consequence are over,' González said in a statement. City Attorney George Wysong did not immediately respond to a request for comment or a question asking if the city plans to appeal to the Florida Supreme Court. The city's charter states that elections 'shall be held on the first Tuesday after the first Monday in November in odd-numbered years.' Changes to Miami's charter require voter approval via a ballot referendum — a process that the City Commission circumvented by passing an ordinance that not only postponed the election but also gave the city's current elected officials an extra year in office. The city has argued that by passing an ordinance, it technically changed the city code — not the charter, which still states that elections are to be held in odd-numbered years. That put the charter in direct conflict with the code, which stated the opposite as a result of the new ordinance. The Third DCA did not buy that argument. 'Relabeling the Ordinance does not alter its substantive character. Just as a rose bears thorns regardless of what it is called, so too does this enactment carry binding legal implications. It is, in truth, a charter amendment dressed in lesser clothes — fragrant in title but thorned with consequence,' the judges wrote. This is a breaking news story that will be updated.
Axios
08-02-2025
- Business
- Axios
Miami Beach agrees to reopen Ocean Drive to cars, remove bike lanes
Miami Beach will remove the pedestrian plaza and bike lanes from Ocean Drive, returning two-way car traffic to the South Beach street for the first time in nearly five years. Why it matters: A judge ordered that the iconic tourist strip, which the city converted into a pedestrian promenade during COVID-19, be returned to its pre-pandemic traffic flow following a lawsuit from the Clevelander South Beach Hotel. Catch up quick: Miami-Dade Judge Beatrice Butchko Sanchez, who determined city no longer had a valid permit to modify the road configuration, originally gave the city until Jan. 31 to comply with her order to reopen Ocean Drive. City officials have used court-granted extensions and a recent appeal to delay acting on the Jan. 8 order. Butchko Sanchez ruled again on Wednesday that the city must comply with the order while it awaits a hearing before the Third District Court of Appeal. The latest: City manager Eric Carpenter said Friday that work crews would immediately begin removing the two-block pedestrian plaza between 13th Street and 14th Place. Crews are expected to begin converting Ocean Drive back to two-way traffic and removing the existing bicycle lane on Monday, according to a city memo sent to commissioners Thursday night. The city memo said staff has been unable to obtain approval from Miami-Dade County to keep the one-way traffic flow and bicycle lanes. The conversion of Ocean Drive will require the entire roadway between Fifth and 15th Street to be closed for two days while crews paint and re-stripe the road, the memo says. What's next: Beyond the legal battle, city leaders said at a meeting Friday that they want to act on the city's long-term vision of pedestrianizing Ocean Drive — in a way that helps business owners, locals and tourists. "The street right now is as safe, as clean and as family friendly [and] inviting as we've ever had on Ocean Drive," Mayor Steven Meiner said.
Miami Herald
07-02-2025
- Business
- Miami Herald
Miami Beach to remove Ocean Drive bike lane, pedestrian promenade. Here's the timeline
Miami Beach officials said Friday that the city will remove a popular pedestrian plaza and bicycle lanes on Ocean Drive in the coming days, complying with a judge's order and bringing back a two-way flow of cars to the iconic strip for the first time in nearly five years. It's a major change from the current setup, which has only one-way traffic and a two-way bike lane. Temporary barriers that blocked off the roadway to create the pedestrian promenade between 13th Street and 14th Place will be removed Friday. On Monday, work is expected to begin to repaint the area north of Fifth Street to eliminate the bike lanes on the east side of the road. Ocean Drive will be closed entirely from Fifth to 15th streets for at least two days while the work is completed, officials said. At a special City Commission meeting called by Mayor Steven Meiner, city leaders lamented the situation but said they had no choice but to follow the directive of Miami-Dade Circuit Court Judge Beatrice Butchko Sanchez, who blasted the city on Wednesday for failing to reopen the road as she had ordered last month. The Clevelander hotel and bar had filed a lawsuit over the street configuration, saying it was hurting the business. 'Unfortunately, I don't see a path at this point to be able to avoid compliance with that court order,' City Manager Eric Carpenter said. The work will cost the city approximately $150,000, according to city spokesperson Melissa Berthier. READ MORE: Judge rips Miami Beach for failing to open Ocean Drive to two-way traffic Miami Beach closed Ocean Drive to cars entirely during the pandemic in May 2020. The city moved to the current configuration in January 2022, with initial approval from the county for one-way southbound car traffic with a two-way bike lane and the pedestrian promenade at the north end of the street. Since then, the city has sought permission from Miami-Dade County's public works department to make the setup permanent. But the process has hit repeated snags. The county has resisted approval of the pedestrian promenade, citing safety concerns over the diversion of traffic to a nearby alleyway. City and county officials have had a flurry of discussions since Jan. 7, when the county instructed the city to remove the promenade. County officials have expressed more willingness to work with the city on a one-way flow of traffic with a bike lane but said it would take several more months before any approval could be granted. Meiner expressed frustration with the process, saying it has 'gotten very political.' Ocean Drive, he said, is 'as safe, as clean and as family friendly' as ever, and the city should make its own decisions about its most famous street. 'Whatever decision we make should be made here,' Meiner said during Friday's meeting. 'We represent the residents and businesses of Miami Beach.' The city is appealing Butchko Sanchez's ruling before the Third District Court of Appeal. The configuration of Ocean Drive has been a point of contention among residents and business owners, many of whom lined up at Friday's meeting to speak for and against the current setup. But elected officials made clear that they support pedestrianizing the street, saying the city should continue to seek county permits while working to realize a permanent vision for the area, including the adjacent Lummus Park. 'That should be a beautiful, permanent pedestrian promenade,' Commissioner Joseph Magazine said. Still, commissioners agreed that, for now, the city has no choice. 'The courts have ruled,' Commissioner Alex Fernandez said. 'Whether we agree with that decision or not, we are a responsible government, and we are responsible leaders, and we have to respect the authority of the judiciary.'
Axios
06-02-2025
- Business
- Axios
Judge takes dig at Miami Beach mayor, again orders Ocean Drive open
It's been nearly a month since a judge ruled that Miami Beach must fully reopen Ocean Drive to cars, but the iconic street is no closer to reverting to its pre-COVID-19 traffic flow. Why it matters: City officials have used court-granted extensions and a recent appeal to delay acting on the Jan. 8 order. Their strategy could continue even after the same judge on Wednesday again ordered the city to reopen the road. Catch up quick: The South Beach strip, which became fully pedestrianized during the pandemic in 2020, reopened to one lane of traffic in 2022. The Clevelander South Beach Hotel sued, arguing the closure was illegal and burdened its hotel guests. Miami-Dade Judge Beatrice Butchko Sanchez agreed, ruling last month that the city must reintroduce two-way traffic because it no longer had the necessary permit to block the street. The city originally had a Jan. 31 deadline to make the changes, but it appealed to the Third District Court of Appeal, freezing Butchko's order until the appeal is heard. The latest: Butchko Sanchez, who said the city was circumventing her order, overturned the stay Wednesday at the Clevelander's request. Yes, but: The city can appeal that ruling, too, which would trigger another automatic stay, says attorney David Winker, who represents Better Streets Miami Beach as a potential intervener in the case. The city did not respond to a request for comment on whether it will appeal or comply with the ruling. Butchko Sanchez did not give the city a new deadline by which to reopen the street. Friction point: Miami Beach Mayor Steven Meiner, a lawyer who issued a statement questioning Butchko Sanchez's January ruling, caught flak from the judge during Wednesday's hearing. "Is he an attorney? He needs to open the law books a little bit."
