Judge dismisses Gainesville Residents United claims against Governor regarding GRU Authority, gives Plaintiffs 14 days to show cause why claims against City should not also be dismissed
BY JENNIFER CABRERA
GAINESVILLE, Fla. – Judge Allen Winsor today dismissed all Gainesville Residents United’s claims against Governor DeSantis and gave the Plaintiffs 14 days to show cause why claims against the City of Gainesville, the only remaining Defendant, should not also be dismissed.
The federal lawsuit, filed by Gainesville Residents United in July, claims that HB 1645, which created the GRU Authority, infringes the Plaintiffs’ First Amendment rights, violates Florida’s special law and referendum requirements, impermissibly grants legislative powers to unelected officials, diminishes Plaintiffs’ right to vote, and impairs Plaintiff Joe Little’s municipal bond contract.
The Plaintiffs originally filed the lawsuit against Governor DeSantis, Attorney General Ashley Moody, Secretary of State Cord Byrd, and the City of Gainesville (as a “nominal” defendant). They voluntarily dismissed their claims against Moody and Byrd in October.
Judge Winsor found that the Plaintiffs do not have standing to bring claims against the Governor because they have not shown any First Amendment injury. Winsor wrote, “There is nothing in the Act’s language prohibiting Gainesville Residents United, its members, or anyone else from speaking about ‘social, political, or ideological interests,’ either at Authority meetings or elsewhere.”
Winsor wrote that any harm suffered by the Plaintiffs by their inability “to remove unresponsive representatives” is not particular to the Plaintiffs but “affect[s] everyone in the community the same way,” and even if there was some harm, it would not be traceable to the Governor.
Winsor also held that the Governor has 11th Amendment immunity, specifically finding that the exception for officials who have “‘some connection’ with the enforcement of the challenged law” does not apply.
The order dismissed all claims against the Governor without prejudice.
Read the Order Granting Motion to Dismiss here.
Order to show cause
Separately, Judge Winsor filed an Order to Show Cause, ordering Plaintiffs to file a response within 14 days, showing why the claims against the City of Gainesville should not be dismissed for lack of standing. Winsor wrote that the Plaintiffs repeatedly emphasized that the City has no control over Authority operations, thus, “it appears Plaintiffs do not have standing for any claim against the City and that the court lacks jurisdiction.”
Keep wasting time, money, and brain cell fighting a losing battle. T
Merry Christmas.
They don’t have any brain cells to waste.
Money either, they’re wasting someone else’s.
Are all Democrat activists and politicians this stupid, or is Gainesville just blessed with a lot of the mentally challenged ones?
I know! I know!
Yes and yes!
Have a Merry Christmas everyone!
For the most part, Gainesville has had the most ignorant but self centered and self praised elected “leaders” of any community in FzL!. Claimed “Economics Professor” Poe (taught only history to dual enrolled HS kids, his degree in history, not economics), minority impersonator “Santos” from Canada who took a temporary stepdad’s last name to be a minority”, and current pie-eater slob Ward. Great leaders right?
They knew they would lose but that won’t stop Eastman and his friends from continuing to waste time and money making political points with their supporters.
They see absurd use of the legal system just like Trump, as a way to delay the inevitable.
Trump had great ideas and a great presence, he got things done. Yes, he had a big mouth and did not know how to finesse people, but, if you look at how the economy was going when he was President, it was undeniably better that it had been in many years. THOSE OF YOU WHO DO NOT LIKE THE AMERICAN WAY, PLEASE LEAVE THE COUNTRY, YOU TO JOE.
What did he get done except huge tax cuts for the rich and ELIMINATION of tax breaks for the middle class?
I ain’t rich by any stretch and my taxes went down, This is a complete lie!
Sure they did
And we did not have 30 percent inflation, 8 % mortgages, 8 million illegals, rampant crime and wars with Russia and Middle East. Right MoJoe?
Our taxes along with my parents taxes also went down. We had a left wing accountant when the tax cuts were first implemented, she showed us the difference in what we were paying after the tax cuts vs what we would have paid before. You can lie all you want, doesn’t change facts!
Let’s see: most secure southern border in history, gas under $2, inflation 2%, economy 4% growth, world leaders in check, even signing new treaties, Iran near being toppled by their own people after being starved out and near bankrupt, crime down,, etc. Biden: Gas as high as $5, record inflation for last 45 years, 21% overall rise in prices 3 years in, 8 million unskilled poor illegal aliens, including many terrorist, in free and on welfare, food stamps, WIC, free hotels or Sec 8, world leaders taking action all over as they view zero threat from US, $1 billion in military equipment abandon and left for Taliban, 13 Marines killed, other events too numerous to name. Thx Joe!
Gas is now $8 a gallon in California. 😡
This group appears to operate like a political cartel and the vast majority of registered voters reside Gainesville.
Like most low information voters who are busy working and caring for their family – they believe the WELL FUNDED propaganda that is being spewed by this group and elected officials – and that is why it is near to IMPOSSIBLE to vote them out of office.
Democrats (7 litigants) took 5 legal actions against the GRU/GREC biomass/tree burner incinerator project and have worked for over 15 years calling for this GRUA – which included going to Tallahassee for help.
This is a non-partisan issue that this group would like to turn into a partisan issue for their own advantage.
Only 3% elected the city mayor and CC, an oligarchy.
Not voting is their choice.
Well stated
GRU should focus solely on lowering local energy costs, with realistic contingencies in today’s America Last crackpot globalist doomsday cult leaders. Until 2024 when MAGA sweeps the nation.
The judge is a Trump appointee. Nuff said.
PS Nothing in his ruling makes any sense. If citizens of a city have their ability to control their property through elections stripped from them, who does have standing? The “Authority” with the 4 unqualified members? Oh yeah, makes a lot of sense.
I still have no control over the property you claim to be mine…
Once again when Jazzy ,FHutch,and the Greaseman lose, GRU ratepayers win. Of course he cannot accept and make sense of legitimate, sensible governance over the fired politicians that thrive on failed agendas and power. Denial is still alive and well in the challenged mind of those that have been exposed. Let’s get the really deep dive audits going asap.
Move to Russia Shad. The US is a democracy.
You might need remedial Civics, Jazzercise. The United Stated is a Constitutional Republic, NOT a democracy.
“noun
a system of government by the whole population or all the eligible members of a state, typically through elected representatives.”
Republics are a subset of the greater category of democracies. Cut the crap.
Consider your crap cut
https://www.ushistory.org/gov/1c.asp#:~:text=Nowhere%20is%20the%20word%20%22democracy,Independence%20or%20the%20U.S.%20Constitution.
The US is a representative democracy. The citizens elect the representatives who then draft the laws. The law was drafted by duly elected officials and passed by the legislature.
Living in Alachua County is the closest I will ever be close to Socialism, Comrade.
Sure, now that elections don’t mean anything in it’s largest city and since single member county districts were shoved down our throats – most Florida counties ARE NOT single member districts, but somehow blue Alachua county got the attention of the state GOP through that autocratic jerk Clemons – by a campaign featuring last minute lies and the legal inability of the county to counter the disinformation.
It’s interesting how “democracy” only counts with you when it goes your way. Alachua County voters approved the single-member district referendum. Now, if you’re going to argue that they’re uninformed, I think a lot of us would agree with you, but you can’t have it both ways.
That we had another referendum – had one voted down not that long ago – was a state GOP move against our county. Most counties in Florida are not single member, so why was Alachua singled out? In the closing days of the campaign the local GOP ran adds and placed billboards in black areas saying that the NAACP supported the referendum – that was an out and out lie – with no time – or money – to counter it. Under single member districts here, it is predicted that there will be no black commisdioners. That’s SOP for the local GOP – see Perry crooked campaigns. The referendum would have failed – again – absent that lie.
Politicians lie all the time and campaign adds are filled with lies every election!
Couldn’t care less that no other county has single member districts.
Plenty of us pay taxes in this left wing infested county and get nothing in return from the good for nothing thugs on the county commission!
Was born and raised in Suwanee county they have single member districts that means each district is equally representative
Most Florida counties are not single member. You can argue the issue each way with valid points, but why does blue Alachua County get the attention of the state on this? Partisan politics, not principle.
Blue Alachua County is in a RED state!
You leftists being upset that the smallest areas in Alachua County will now have a say in county election is awesome! We pay taxes and deserve to have representation!
No, it’s a Republic. Very different. #knowyourpoliticalscience
“democracy ….noun
a system of government by the whole population or all the eligible members of a state, typically through elected representatives.”
Republics are a subset of the greater category of democracies. Cut the crap.
Once again, your a sore loser !
Oh Jizz-Drinker none of us have control over our property anymore. Don’t pay your property taxes and find out. We Americans have been dumb enough to give our control to the government on so many levels thinking it will make our lives easier and the more of our freedom we give away the harder our lives get. But a Jizz-Drinker like yourself will continue to vote your rights and freedoms away. Thank goodness the Governor has given GRU back to the people and taken it out of the control of the local government.
Zazz I have told you several times please get the city to stop GRU at the city limits the 40% of us who is stuck with GRU that lives in the county would not give a dam what the city did or how much money they spent stop the tax without representation
Rep Hinson offered that in an amendment to Clemons power grab bill but it was voted down party-line, like every sensible compromise. Like single member county districts – that’s what most Florida counties have but only blue Alachua was subject to a state mandated referendum – this was a power grab by the GOP that can’t win elections here. The state could have involved itself without that if GRU reform was it’s goal. FPL’s dog Perry and Newberry Chuck had other goals in mind. The precedent is horrible and the simple minded who predominate here don’t even see it and the possibility . Then traitors like Konish and Beilarski – losers in Gainesville elections – cheer on the theft from citizens guided by their small timer personal vendettas.
“Blah blah … GRU ..l blah Republicans … blah blah .. fascists … blah blah … Perry … blah blah … Democracy blah blah … Obama my hero blah blah…… “
Hinson is another idiot, Jazzman. Did you see her in her “READING BANNED BOOKS” float, in her Santa outfit?
I’ll take your irrelevant comments as your assent to the facts I presented above. High five!
Okay, Mr. Mason, you have me boxed into a corner with your unflappable logic and brilliant legal mind!!
I’m honored to be considered a traitor by the likes of you. Please try spelling my name correctly next time. Oh, one more thing. Rep Hinson was absolutely embarrassed at the meeting in which she offered amendments. It was clear that she hadn’t read, it at least understood the language of the bill.
Your not important enough to me to focus on spelling your name correctly. I think your 15 minutes of fame are over.
I’ll take your irrelevant comments about Hinson as your assent to the facts I presented above. High five!
One of my high school teachers had a poster in her classroom that read: “If a being does not keep pace with its companions, perhaps it is because it marches to the beat of a different drummer. Or maybe it’s just an idiot.”
Maybe everyone else isn’t wrong and you aren’t the great legal mind you see yourself as, Jazzman. Is that possible?
I do think Azzman is a legend in his own mind. Very narrow minded and hates on GRU and its customers. Is he some disgruntled failure?
I am a GRU customer.
Why don’t you and your cj buddies here spend as much energy on countering me on the issues and facts of what I write – if you can – as you do on the self revelatory weak insults you throw at me. You’re demonstrating the weakness of your position doing so and I could not care less about the insults.
Hate to tell you this dude, but the majority angry old men commenting on this web site represents a small minority of Alachua Countians and Americans.
I guess being an idiot and being out of your mind aren’t mutually exclusive conditions.
I can’t wait for another ‘illegitmate’ GRU Authority meeting.
Funny thing is, there are many folks who are conscripted to use GRU that have had no say whatsoever because they live outside the city limits. Your lame argument has a tit for tat lining!
Man you are so boring.
Please see my post on 12/10, and previous posts on these frivolous and partisan purveyors of private nuisance suits regarding GRU issues. I was threatened with a liable suit for confusing one gentleman for another in a discussion of an attorney’s fees award in these circumstances.
Jim, I appreciate your cumulative insights over the past year and while I don’t always agree with some of your conclusions matched with political premises, it is clear the courts have concurred with the substance of your perspectives in the GRU matters.
It is troubling to witness the courts being used as what some may be perceived as a means to correct a ‘political wrong’ and when they don’t prevail accuse the same courts of being politicized.
Winning an issue certainly comes with its attached responsibilities. Losing also requires acknowledgement and acceptance which, when absent, still do not change the results but may color the character, if not position, of the deniers.
The courts do have a responsibility to sanction frivolous filings but tend to not go down that path and prefer allowing fools their performative moments of foolishness.
With all this being said perhaps the polls and the courts are not the best places to deal with the everyday challenges facing a community. Have people become so thin-skinned about everything they are afraid to talk to each other?
I read a Dear Abby column many years ago in which she responded to a letter asking her advice about family conflicts over the holidays. Her response was to understand the common source of most conflicts is bad manners and where good manners and protocol are implemented, less conflicts occur.
Anyway Jim, happy holidays and, again, thank you for your contributions here on the Chronicle.
Socio-Commies trying to bring down our Government, Thank you, Judge Winsor and thank you Governor DeSantis for recognizing these people for who they really are. They are against America.
More excellent reporting