Parkland Republican Club v. City of Parkland

268 F. Supp. 2d 1349, 2003 U.S. Dist. LEXIS 10836, 2003 WL 21471888
CourtDistrict Court, S.D. Florida
DecidedJune 4, 2003
Docket01-7689-CIV
StatusPublished
Cited by6 cases

This text of 268 F. Supp. 2d 1349 (Parkland Republican Club v. City of Parkland) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parkland Republican Club v. City of Parkland, 268 F. Supp. 2d 1349, 2003 U.S. Dist. LEXIS 10836, 2003 WL 21471888 (S.D. Fla. 2003).

Opinion

ORDER DENYING PERMANENT INJUNCTION

ZLOCH, Chief Judge.

THIS MATTER is before the Court upon the Plaintiff, Parkland Republican Club’s Emergency Motion For Preliminary Injunction (DE 3). The Court has carefully considered the Verified Complaint (DE 1), the aforementioned Motion, and other written submissions of the parties. An evidentiary hearing was held before this Court on November 2, 2001, and the Court is otherwise fully advised in the premises.

I. Background

The Plaintiff, Parkland Republican Club (hereinafter “the Club”), commenced the above-styled cause by filing a Verified Complaint (DE 1) against the Defendants, City of Parkland and its City Manager Harry Mertz (hereinafter “the City”), seeking declaratory and injunctive relief pursuant to 42 U.S.C. § 1983. Specifically, the Club seeks to have declared unconstitutional a “policy” of the City that allows marching bands, youth, and civic organizations to participate in the Parkland Days Parade (hereinafter the “Parade”), but excludes political organizations from participating if they identify themselves as political organizations. The policy does not forbid a political organization from entering a float in the Parade as long as it does not identify itself as a political organization. The Parade is part of an annual event that traditionally occurs the first weekend in November and is sponsored and promoted by the City to celebrate its anniversary. The purpose of the Parade is to provide for fellowship and to allow the citizens of Parkland to get together in a fun, family-oriented, nonpolitical atmosphere. (DE 5, Resp. And Mem. Of Law In Opp’n To Pi’s Req. For Prelim. Inj. at 5 (hereinafter “Defs.’ Resp.”); Hr’g Tr. at 7-8.)

*1352 In early September of 2001, the President of the Club, a nonprofit local political organization chartered by the Republican Party of Florida and by the Republican Party of Broward County, Florida, requested an application to participate in the November 4, 2001 Parade. The Parade Chairman advised the Club’s President, Ms. Laura R. Seidman, that political clubs and commercial businesses were excluded from the Parade, although he acknowledged that exceptions were sometimes granted, and suggested Ms. Seidman check with City Hall. All subsequent requests for an application for the Club were denied by several City officials and employees including the Vice Mayor, the Assistant City Manager, and the City Manager. On each occasion the Club was informed that it was “city policy” to exclude political organizations from the Parade, although no ordinance, resolution, or other local law set forth the policy, which had apparently been enforced for at least thirty-seven years. On October 25, 2001, the Club submitted an official entry form for the Parade. On its entry form the Club noted that it would have a float in the Parade on which people would be waving American flags. The application did not state that the float would include a sign identifying the Club as the Parkland Republican Club, but Ms. Seidman testified that the float would bear such a sign. (Hr’g Tr. at 40.) On October 25, 2001, Harry Mertz, the City Manager, denied the Club’s application to participate by simply noting “Denied” on its entry form. (DE 1, PL’s Verified Compl., Ex. B.) The Club alleges that this denial violates its rights to free expression guaranteed by the First and Fourteenth Amendments of the United States Constitution.

In the instant Motion (DE 3), the Club requests that the Court enter a preliminary injunction requiring the City to accept its application and to allow the Club to participate in the Parade. 1 At the evi-dentiary hearing, however, the parties stipulated that the evidence taken would serve for a permanent injunction and final judgment. (Hr’g Tr. at 61.) Therefore, the Court will consider the matter in light of the standards for a permanent injunction. Finally, the Court notes that it has jurisdiction over the above-styled cause pursuant to 28 U.S.C. §§ 1331 and 1343(a)(3).

II. Permanent Injunction Standard

The Court notes that in order to obtain a permanent injunction the Club must show actual success on the merits. Amoco Prod. Co. v. Vill. of Cambell, 480 U.S. 531, 546 n. 12, 107 S.Ct. 1396, 94 L.Ed.2d 542 (1987). In addition, the Club must also prove (1) that it will suffer irreparable harm if the injunction is not granted; (2) that the threatened injury to the Club outweighs the harm the injunction may pose to the City; and (3) that granting the injunction will not adversely affect the public interest. In re Daytona Beach Gen. Hosp., 153 B.R. 947, 950 (Bankr.M.D.Fla.1993).

A. Actual Success on the Merits

At the outset, the Court notes that determining whether the Club’s First Amendment rights have been abridged requires a three-step analysis. Cornelius v. NAACP Legal Def. and Educ. Fund, 473 U.S. 788, 797, 105 S.Ct. 3439, 87 L.Ed.2d 567 (1985). First, the Court must determine whether the Club’s speech is protected under the First Amendment. Id. Second, the Court must determine what is the relevant forum because the nature of the *1353 forum determines the extent to which the City may limit access to the forum. Id. And third, the Court must determine whether the justifications proffered by the City for limiting access to the forum comport with constitutional standards. Id.

1. Type of Speech

The Court notes again that the Club is free to participate in the Parade as long as it does not identify itself as a political organization. (Defs.’ Resp. at 2, 5; Hr’g Tr. at 12.) The speech at issue, therefore, is the Club’s ability to display some type of sign or banner identifying itself as a political organization while participating in the Parade. The Club asserts that such speech is political speech protected under the First Amendment.

There is no dispute that political speech is protected speech under the First Amendment. Rutan v. Republican Party of Ill., 497 U.S. 62, 69, 110 S.Ct. 2729, 111 L.Ed.2d 52 (1990). It is clear that parades are a form of expression that have been afforded First Amendment rights. Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, 515 U.S. 557, 568-69, 115 S.Ct. 2338, 132 L.Ed.2d 487 (1995). In Hurley,

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Bluebook (online)
268 F. Supp. 2d 1349, 2003 U.S. Dist. LEXIS 10836, 2003 WL 21471888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parkland-republican-club-v-city-of-parkland-flsd-2003.