On April 2, 2018, the City of Weston was joined by nine South Florida municipalities in a lawsuit against Governor Rick Scott, Attorney General Pam Bondi and other State officials. 

As of this date, the lawsuit now includes a total of 21 cities from around the state and representing in excess of two million people.

Florida law currently prohibits local governments from enacting gun safety laws in their own cities. There are severe and unprecedented personal penalties for officials who violate this preemption, including removal from office and a civil fine of up to $5,000.  If sued, officials may not use public funds for their legal defense. These personal penalties were added in 2011.

Articles have appeared in newspapers, periodicals and news organizations across the country citing this specific law suit challenge Weston vs Scott,  including The Washington Post, The Wall Street Journal, CNN, The Associated Press, the Sun-Sentinel, the Miami Herald, the Florida Daily Post, WLRN Radio and many, many others.

What the lawsuit is seeking:  Cities want the authority to regulate firearms within their local communities, without facing the risk of removal from office and civil fines if they do so.   As an example, cities are not currently allowed to prohibit guns in city buildings and city parks.  Weston City Attorney Jamie Cole, along with Ed Guedes and Adam Hapner from his law firm, is the lead counsel in the lawsuit that “seeks to invalidate the extreme and extraordinary penalties that deter and chill local officials from even considering reasonable, constitutional firearms regulations in their own communities.”

Mayor Stermer has noted that “If you walk into city hall today or a park today, we can't put up a sign that says, 'No Firearms Allowed.' We used to have them. But once the pre-emption came in, we had to take them down."

While many states have preemption laws, Florida was the first, in 2011, to go so far as to punish local officials with personal fines and the threat of removal of office. 

The lawsuit alleges that the onerous personal penalties for violating the preemption against local regulation of firearms are invalid and unconstitutional because, among other things, they:

• Conflict with the Governor’s limited power to remove local government officials
• Violate legislative immunity and separation of powers
• Violate governmental function immunity
• Infringe on freedom of speech
• Are void because they are overly vague
• Lack rational basis and are arbitrary and capricious
• Violate the Constitutional right to petition and instruct

The 21 municipalities participating in the lawsuit are the City of Weston, City of Miramar, City of Pompano Beach, City of Lauderhill, City of Miami Gardens, City of South Miami, City of Cutler Bay, Village of Pinecrest, City of Miami Beach, City of Coral Gables, City of Boca Raton, Town of Surfside, City of Tallahassee, City of North Miami, City of Orlando, City of Fort Lauderdale, City of Gainesville, City of St. Petersburg, City of Maitland, Village of Key Biscayne and the Village of Palmetto Bay.  Additional cities may join in.

Press Conference Held at Weston City Hall - April 2, 2018 (Slideshow)

-Posted 06/01/18