A legal attempt to remove Miami City Commissioner Joe Carollo faced a setback on Friday when a judge ruled the lawsuit lacked standing. The lawsuit claimed that Carollo breached the Miami City charter by infringing on the free speech rights of Ball and Chain restaurant owners Bill Fuller and Martin Pinilla, according to CBS News.
The dismissed case hinged on a perceived violation of the "Miami’s Citizens’ Bill of Rights," with the plaintiffs’ legal team alleging that Carollo should have therefore vacated his office. NBC Miami quoted the plaintiffs' attorney Jeff Gutchess, stating, "The question is, who is going to uphold the City charter, the constitution of the City of Miami? The Florida Supreme Court states it is the circuit courts that are to do that." However, Miami-Dade Circuit Judge Daryl Trawick dismissed these claims, pointing out that Carollo was sued in his individual capacity, which did not correlate with him holding public office.
Carollo, who did not attend the initial hearing, has expressed his confidence in the face of legal adversity, firmly believing in prevailing against the $63 million judgment previously leveled against him. "In every case they have against me or the city, they keep filing stuff, it’s nonstop," Carollo told NBC Miami.
The fight is not over for Fuller and Pinilla. Their attorney, Gutchess, confirmed that they are planning to appeal, emphasizing the importance of the city’s constitutional adherence. "We'll be asking for expedited consideration, mainly because we think that this is an issue of utmost importance to the citizens of Miami, to have their bill of rights, to have their constitution enforced by a court," Gutchess stated in an interview with CBS News Miami.
Carollo faces additional legal issues, including a separate civil case where Judge Rodney Smith ruled against garnishing the commissioner's wages to satisfy a multimillion-dollar judgment. U.S. Magistrate Judge Lauren Louis has recommended that Carollo’s Coconut Grove home be protected under the Florida Constitution as a homestead, though a final ruling is still pending.
