LawGC files Amended Complaint Against the City of Fort Lauderdale

The Law Offices of George Castrataro, P.A.

Wednesday, November 30th, 2011

DOWNLOAD AMENDED COMPLAINT

This civil rights action is being brought by Occupy Fort Lauderdale and Adam Salater challenging on various constitutional grounds:

A)        On November 22, 2011, the city created a rule for its Policy and Standards manual, dated November 22nd (cited as Ch 7, Sec 1, Subj 3, Page 1) (hereinafter "new rules") and contacted the group in the late afternoon on November 22, 2011. The new rules state that the city will permit constitutionally protected activities in plaza on and around the location of the plaza subject to such activities not interfering with public order. The new policy also adds new time restrictions upon the use of the plaza, closing the plaza nightly between 2:00AM and 7:00AM.  The new rules further restrict the use of tarps, blankets, sheets, clothes, tents, canopies and other "personal articles" on City property; and

B)        The Plaintiffs are engaged in political demonstration and expression which includes peaceful gathering and protest throughout the newly prohibited hours of 2:00AM to 7:00AM, which has resulted in the chilling of constitutionally protected speech; and

C)        This matter is an emergency as the Plaintiffs have knowledge and reason to believe they may be subject to immediate arrest, citation, and will suffer irreparable injury.

D)        In seeking a preliminary injunction, the motion must set out "clearly, definitely, and unequivocally sufficient factual allegations to support the conclusion of irreparable damage necessary to warrant intervention of a court of equity."  Broward County v. Meiklejohn, 936 So. 2d 742 (Fla. 4th DCA 2006). The court must then determine whether the moving party has proved (1) that is will suffer irreparable harm unless the status quo is maintained; (2) that it has no adequate remedy at law; (3) that it has a substantial likelihood of success on the merits; and (4) that a temporary injunction will serve the public interest.  Id. The order granting a preliminary injunction must state a factual basis to support each of the four elements.  Id.