February 4, 2008 - How The Whole Thing Started
How the Whole Thing Started
Updated February 4, 2008
Just the other day I was scrolling through some old documents on my computer and I came across a letter I had written to Liz Hernandez, the City of Coral Gables attorney, back in February of 2003, two months before we filed suit. (Click here for the letter) The reason I wrote this letter to Ms. Hernandez was to let her know of the current case law on the issue of parking of non-commercial trucks in residential areas so as to keep the issue in the hands of the City government and not the costly court system. To no avail, I was found guilty of all charges and fined $50 as well as $75 in court costs. (Guilty Document) I filed suit shortly thereafter.
It may seem a little funny, but six months after we filed suit against the city, and while the issue was still pending, the zoning department issued me another citation for parking my truck in front of my residence. I guess they planned on trying to pressure my landlord (see how the ticket is made out to property owner and not me) into evicting me and my unsightly truck. Well it did not work. My attorney Spencer Kuvin called the City and asked what was going on with the new citation since the case had not been decided either way yet. The City informed him that they would continue to issue citations, regardless. Spencer told me I had to move my truck, but then came up with a great idea. He called the City and told them that if they continued to issue tickets that we would have no choice but to seek an injunction for all city truck owners, and additionally, we would have to file a class action lawsuit. With that the City quietly rescinded my second citation # 23090. (Look at Citation)
Where am I going with all of this? Well the City is certainly wasting a lot of City tax dollars pursuing an idea that is no more important than what Mayor Slesnick “feels” is correct. He has on many occasions stated that he supports the ban on private use pick-up trucks because he “feels” that a majority of his constituents want the ban. What he fails to realize is that being the Mayor of a city is not about being popular; it is about doing what is right. Don, we are not in high school any more, get the idea? Furthermore, I understand that the City Attorney, Liz Hernandez, cannot tell the City Council or the Mayor what to do, even if it is in the City’s best interest. But if the Mayor and the City Council is not going to listen to their own attorney’s advice, why have one? I hope that all of the resident of the City of Coral Gables who read this use the information I have posted here and call the Mayor and all of the City Council members and tell them to stop wasting their tax dollars.
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.