Brevard County settles costly lawsuit
“Brevard County has agreed to settle a federal lawsuit involving the right of convicted sex offenders to attend County Commission meetings.” (FloridaToday, April 8, 2023)
“As part of the settlement, the county agreed to pay damages of $2,500 each to the plaintiffs, plus pay $150,000 for plaintiffs’ attorney fees.”
Three plaintiffs plus their attorney’s fees comes to $157,500. This does not include the cost for the law firm Brevard County hired out of Orlando to represent them.
This lawsuit was triggered by a 2006 Brevard County ordinance that prohibited people on the sex offense registry from being within 1,000 feet of a school, day care, park or playground. Violators could spend up to 60 days in jail and up to a $500 fine.
The building where the Brevard County Commissioners hold their meetings is within 1,000 feet of a school, making it illegal for people on the registry to attend the meetings.
Any thinking person knew that not allowing registrants to attend government meetings was unconstitutional as it violated the First Amendment and Florida’s Government in the Sunshine Law. Brian Lober, an attorney and former chairperson of the Brevard County Commissioners, warned his fellow commissioners that this ordinance needed to be changed to allow registrants to attend the meetings.
Lober’s fellow commissioners would not listen, and the county paid the price. Yes, supposedly there was insurance to help absorb the legal costs for the county, but in the overall picture, incidents like this one only raise the costs for Brevard County citizens.
This is becoming an all-too-often occurrence where government bodies in Florida are passing unconstitutional laws/ordinances, thereby forcing Florida citizens to file costly lawsuits just to make our political leaders do what they should have done in the first place. Examples: Florida Legislature and Brevard County Commissioners
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Yay! I’m happy to read the great news. Do our citizens still have to do 24 hour notification to attend or is it part of the settlement that they can just show up for meetings now? 🤞🏼
Lol lol lol!!!
Just the money being spent should make all residents of Brevard county angry. These commissioners were warned repeatedly about the constitutionality of there ordinance and chose to ignore common sense. It’s the same situation as the latest ordinance about “businesses where children congregate” The taxpayers are going to pay out the nose for that lawsuit as well.
So is the ordinance repealed?
According to FloridaToday: “By settling the lawsuit, the case did not go to trial, and no formal judicial ruling was issued.”
They just added a line to the banishment ordinance that the County Commision Meetings are an exception along with the other exceptions like work related, etc… I mentioned they would do this before the lawsuit was even filed if pushed.
🥳😃 EXCELLENT!!! 🤗😁
👏🏻👏🏻👏🏻👏🏻👏🏻👏🏻👏🏻👏🏻👏🏻
THIS IS GREAT NEWS!