January 25, 2008 - Oral Arguments Are Done
The Arguing Is Done?
Updated January 25, 2008
I argued my brief in front of the Third District Court of Appeal. The arguments went well and I am waiting for the court to issue its decision. The argument for "strict scrutiny" review of the ordinances, which I feel was the proper level of review due to the fact my fundamental right to freedom of association and speech were impinged, was not as persuasive as I had hoped. More likely than not the court will review the ordinances using a rational basis test where the City would only have to prove the laws were rationally related to a legitimate interest.
The attorney representing the City had a tough time making rational arguments given the material he had to work with. His key argument that all pick-up trucks are per se commercial vehicles due to their design, reguardless of what they are used for, did not sit well with the judges. Judge Schwartz cornered the attorney with a question which made him committ to the idea that the ordinances were enforced to protect the esthetics of Coral Gables. Given that any ugly car can affect the esthetics of a neighborhood I can only hope the judges will agree with me that the laws are not rational as they are enforced against only pick-up trucks, regardless of what the the automobile looks like.
I hope for the best, but if the court should side with the City, I plan to appeal the issue to the Florida Supreme Court.
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.