A federal judge dismissed a lawsuit against Gov. Ron DeSantis over the creation of the Gainesville Regional Utilities Authority and gave the plaintiffs two weeks to provide reason not to dismiss the rest of the case.
U.S. District Court Judge Allen Winsor ruled Thursday that all counts against DeSantis would be dismissed without prejudice. The counts were dismissed because of a lack of standing and the governor’s immunity under the 11th Amendment.
The plaintiff, Gainesville Residents United, was formed in June by local residents in order to challenge the new authority created by House Bill 1645. Headed by former Alachua County Commissioner Hutch Hutchinson, the group raised more than $60,000 to back the lawsuits.
The original lawsuit, like that filled by the city of Gainesville, also named Attorney General Ashley Moody and Secretary of State Cord Byrd as defendants. However, Gainesville Residents United later voluntarily withdrew the counts against Byrd and Moody.
Against DeSantis and the city of Gainesville (a nominal defendant), the group contends that “the Act infringes their First Amendment rights, violates Florida’s special law and referendum requirements, impermissibly invests unelected officials with legislative powers, diminishes Plaintiffs’ right to vote under Florida law, and impairs one Plaintiff’s municipal bond contract.”
Following Winsor’s decision, only the charges against the city of Gainesville remain. Winsor asked the plaintiffs to provide a reason that these charges shouldn’t be dropped for a lack of standing.
Hutchinson told Mainstreet in July that the city was included only as a nominal defendant for legal purposes. Because the new authority is listed as a unit of the city, Hutchinson said the authority cannot be sued separately.
The city itself opposed the creation of the new authority. In a decision less than a week before the authority first met, a Tallahassee judge ruled against Gainesville on all nine counts.
When DeSantis announced his appointment to the authority, Gainesville Residents United also sued on legal notice and residency violations. A lawsuit filed by two individuals in October takes aim at Mayor Harvey Ward and the authority’s chair, Craig Carter.
What is being discovered in litigation here in Gainesville, and other suits surrounding the assaults on Disney, New College, etc. is that the takeover of the judiciary is nearly complete, and it has devastating consequences for the rule of law. Legislatures and State officials cannot be sued even when their actions clearly violate statues and constitutions. The merits of these cases have not been considered, because Federalist Society endorsed judges are dismissing defendants and denying standing to plaintiffs. This is how authoritarians take over government, and nobody but the voters can return the rule of law to our institutions. Gainesville now has the first electric utility in the nation that has no oversight by either an elected body, or regulators appointed by an elected body..
Lost on all 9 Counts. And yes the failed Gainesville City Mayors and Commissioners have made history being fired for their many failures in common sense and sound decisions that all the other utilities have no problems with. It is more than obvious this mentally challenged leadership for the last 2 decades , that started with the Biomess Debacle is totally responsible . The question is how can we receive the reparations due from Gainesville as GRU customers ?
Merry Christmas to the Scrooges of Hutchville that continue to abuse the GRU ratepayers. May your failed agenda go away and let GRU Heal and Gainesville, well oh well!
I agree with Hutch one hundred percent. Previously, if we didn’t like what the mayor and commissioners were doing with GRU, we could vote them out of office. Now, since the lege and the governor have confiscated our utility, we have no control.
Your fired too!
Actually the voting citizens of Gainesville (about ten percent) by electing time and again a woke driven city commission inflicted insane actions on the GRU for decades. The other ninety percent of Gainesville that doesn’t vote needs to come out and get responsible government. Gainesville was operated like Greece. Leverage up your assets ( the GRU plants and Infrastructure) and spend the money on wild ineffective social programs. The party had to end. Thank goodness the state took control before our infantile local government completely destroyed GRU. There is a mountain to climb to restore GRU to long term safety.