A judge has ruled in favor of the City of Miami Beach in a dispute over the removal of Referendum 8, which proposed a 1% food and beverage tax to support the homeless and domestic violence victims. Some residents challenged the decision in court, claiming it suppressed voter rights. However, the judge upheld the city's choice, stating that any votes on the measure will not be counted, as per the WSVN report.
The Miami Herald reported that a lawsuit highlighted tensions between residents and the City Commission over the removal of the referendum just days before the general election. Plaintiffs' attorney Gerald Greenberg stated, "For the first time in the history of Florida, an election would be called off while it was already happening." In response, the Miami Beach City Commission decided not to count any votes related to the rescinded tax proposition.
During the emergency hearing, Circuit Court Judge Antonio Arzola acknowledged concerns about the timing of the referendum's repeal but ruled that the plaintiffs had not experienced irreparable harm. He noted that residents might have the opportunity to vote on the issue in a future election.
Miami Beach Deputy City Attorney Henry Hunnefeld argued that the decision to put or remove the referendum was a political question within the purview of the commission. "We’re dealing with the will of the commission, the elected body of the city of Miami Beach," he stated to the Miami Herald report. He reasoned that the commission, which had originally passed the resolution to call for the referendum, also had the right to repeal it.
The repeal has created logistical issues since ballots with Referendum 8 had already been printed. The city is using social media, local television, and press coverage to inform voters of the change. While the plaintiffs are concerned this may confuse voters in a key election, the city believes these communication efforts have effectively notified most voters about the cancellation.
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