Fl. Supreme Court Declines Review of Kuvin v. Coral Gables
The Florida Supreme Court has declined to review the decision of the Third District Court of Appeal, En Banc decision which found the City ordinances to be constitutional as applied to my unique fact pattern.
All of the attorneys involved in the Petition for Certiorari agreed it would be a difficult to persuade the Court to review the case given the distinct fact pattern and the narrow decision of the Third District Court. While I respect both the Third's decision and the Court's reluctance to review it, I do disagree that the parking ordinances are constitutional as applied to every set of circumstances.
I have received many emails and phone calls from concerned residents of Coral Gables and from truck driving people who visit friends and family in the City at night wondering what can be done. I have reached out to the City, once again, to try resolve this issue without litigation. As you know my last attempt was rebuffed and it ended up costing the City an estimated $225,000 in legal fees. I have yet to hear back from anyone.
I have started a Facebook page called "Owning a Truck in Coral Gables Should not be a Crime" and I hope you will join our group and stay informed.
City to Start Enforcing Ordinances Against Trucks August 8, 2011 (Miami Herald)
Starting this month, the city of Coral Gables will issue warning notices to owners of pickup trucks who do not park their trucks inside their garages at night.
Since the 1960s, the city has banned people from parking their pickup trucks in their driveways or on city streets from 7p.m. to 7a.m.
After Aug. 8, Coral Gables will start issuing tickets to people who violate the parking ban. The first violation will cost $100. Afterward, code enforcement officers can issue tickets up to $500 for each subsequent offense.
The city has resumed enforcement of this controversial law because last month the Florida Supreme Court decided not to consider an appeal by Lowell Kuvin, who sued Coral Gables in 2003 after code-enforcement officers cited him for parking his pickup truck on a residential street.
City spokeswoman Maria Rosa Higgins Fallon said, “Historically, Coral Gables has gone through great lengths to preserve its character through the enforcement of its zoning code, a reason why in a downward economy property values in Coral Gables have fared better than in other neighboring communities.”
After the warning period, fines will start at $100 for the first offense and can increase to as much as $500 for repeat offenders.
Critics have said the ban on the overnight parking of pickup trucks is outdated and unreasonable.
Watch Coral Gables Zoning Office Clute's Deposition - Rational?
In order for the zoning ordinances to be held constitutional, they need to be rational and promote a legitimate government purpose. The City argued the ordinances help preserve the aesthetics of Coral Gables and therefore, keep property prices higher. However, if you watch the deposition of Officer Clute, a City Zoning Employee for more than fifteen years, you will see that the ordinances are not rationally related to the City's "purpose" of aesthetics and therefore, the laws are unconstitutional.
Is There Really A Difference?
I took this picture recently (December 2010) of a couple of cars outside a house in Coral Gables. If you cannot tell, there are two cars parked out in front which look very similar. However, because of the Coral Gables ordinances, which are to protect the aesthetics of the "City Beautiful" (only at night), one is allowed to park in the City at night, and the other is not. Based only on what the vehicles look like, can you really say there is a difference and one will lower property values simply because of the way it looks? Click on the picture for a larger photo.
We Are Looking For Our Next Case Against The City
I am looking for a specific set of facts that I believe will help us to have this archaic law finally held to be unconstitutional.
If you have a family member who visits you frequently in the City at night, and they receive a citation for parking their non-commercial, personal use pick-up truck, in violation of the City zoning code, I would like to speak with you and with your family member. I can be contacted at work at 305.358.6800.
City of Coral Gables Ban On Parking Personal Use Pickup Trucks Is Absurd
Coral Gables' ban on parking personal use pickup trucks outside in the city at night is absurd. City Commissioners as well as Mayor Don Slesnick refuse to rewrite the City's parking ordinances because they feel that pickup trucks are not esthetically pleasing and will have a negative effect on property values. However, there is currently no law or ordinance that would prohibit or ban cars such as this one from parking in the City at anytime of the day. As a matter of fact, I took the picture of this car, which was located at the threshold of the city on Granada and Bird Road, around noon time. The only thing missing was a "Welcome to Coral Gables" sign on the side.
In both cases, Kuvin and Kearns, Spencer Kuvin has asked that the City rewrite the truck parking ordinances to reflect the current trend of citizens in using their trucks as personal, everyday modes of transportation. However, the City and its attorneys have stonewalled all efforts to settle the issues. The effect of the City's litigious mind set has cost the taxpayers of Coral Gables well over $200,000 in legal expenses over the last five years.