August 22, 2007 - The Day The Ordinances Died
Court holds Ordinances are Unconstitutional !!
Updated August 22, 2007
Kuvin v. City of Coral Gables
After writing the brief and arguing the case myself, it took the Court nine months to issue their decision. We won BIG!!! Senior Judge Schwartz wrote the opinion for the majority and Judge Cortinas wrote a concurence. Judge Rothenberg did not agree with the majority and wrote a dissent. All in all the opinion is 48 pages long. Some of the highlights are listed below. To read the full opinion click here.
* "the City has unconstitutionally crossed the line into an impermissible interference with the personal rights of its residents"
* For a governmental decision to be based on such considerations is more than wrong; it is frightening. Perhaps Coral Gables can require that all its houses be made of ticky-tacky and that they all look just the same, but it cannot mandate that its people are, or do. Our nation and way of life are based on a treasured diversity, but Coral Gables punishes it. Such an action may not be upheld.
* Like Judge Schwartz, I find this distinction to be frightening. It would allow government to regulate the types of personal use vehicles its citizens drive simply based on their outward appearance. Such a holding embraces George Orwell’s dystopia, where personal rights are subverted by the government.
Next on the City's Agenda:
I have heard that the CIty plans on asking the entire Third District Court of Appeal hear the matter (en Banc). That should cost the taxpayers another $25,000 or so if they grant the request. All of this over a $50 parking ticket that should have been torn up. Even of greater concern to the residents of Coral Gables is the fact that many of the persons who have paid the fine can get their fines refunded. Rack up another couple $10,000's for the taxpayers to pay.
Kerns v. City of Coral Gables
John Kerns, a resident of Coconut Grove has enlisted the services of attorney Spencer Kuvin, of Leopold & Kuvin, to represent him against the City of Coral Gables in a lawsuit similar to mine. John's father Jack is a resident of the City of Coral Gables and has had some health issues which required John to come over and assist him at night. The only problem is that John drives a pick-up truck which has been ticketed numerous times by CG Code Enforcement. John called and tried to explain to the Zoning Officer that his father, on occation, needed his help due to a serious illness.