Gainesville City Commission Votes to File Complaint Against HB1
In a 4-3 vote, Commissioners take a stand to protect local control from state overreach
GAINESVILLE, FL (August 6, 2021) --Yesterday, the Gainesville City Commission voted to file a complaint against the Combating Violence, Disorder, and Looking and Law Enforcement Protection Act, also known as HB 1.
Passed and signed into law in April 2021, the massive law erases the ability of local governments to pass budgets responsive to their communities’ needs, in addition to undermining the free speech and assembly of all Floridians.
“The last year and a half has reminded us just how important it is for our communities to have a voice and to be heard. HB 1 undermines that very foundation. Our communities have every right to determine how resources are invested in order to reflect our needs,” said Commissioner Gail Johnson. “I am so proud of our city and the Commissioners who voted for this complaint. We are leading the fight against a law we know only exists to harm our communities.”
Gainesville began discussing the possibility of filing a lawsuit challenging HB1 in May 2021. Following today’s vote, the Public Rights Project, Community Justice Project and the Southern Poverty Law Center (SPLC) intend to file the lawsuit on behalf of a coalition of Florida cities.
“In Florida and across the country, we have seen more state efforts this legislative session to interfere with local democracy and undermine racial justice than ever before,” said LiJia Gong, Counsel at Public Rights Project and a member of the Local Solutions Support Center Legal Team. “The people of Florida voted to amend the state Constitution in 1968 to give cities like Gainesville home rule to be able to make local decisions that are responsive to community voices. HB 1 seeks to strip the city of this core local authority and stifles much-needed debate about the reimagination of public safety. We look forward to filing a lawsuit on behalf of the City of Gainesville and we are thankful that the Commissioners entrusted us with this important responsibility.”
“The racial animus of HB 1 is clear.” said Berbeth Foster, Staff Attorney at Community Justice Project. “Millions of Americans took to the streets to say ‘Black Lives Matter,’ and in response, their peaceful protests for justice are now described as ‘riots.’ Black and Brown communities demanded alternatives to public safety, now municipalities are hampered from controlling their budgeting processes. HB 1 is as big a threat to local autonomy as it is to free speech. Municipal governments like Gainesville must stand up to this loosely veiled attempt to block the progress made by racial justice advocates.”
“Local governments are those closest to communities. It is critical that they are able to make policy and budgetary decisions that are inclusive of and responsive to the most pressing needs. HB 1 undermines that ability. We applaud Gainesville for its leadership in protecting local control and local democracy,” said Local Progress Executive Director Sarah Johnson. “We hope other localities across the state will join the fight. We know this fight in Florida is being watched closely by communities in nearly every state, where similar legislation was passed or is on a fast track to becoming law.
“Gainesville should be commended for standing up to this undemocratic and unconstitutional law,” said Bacardi Jackson, managing attorney at the Southern Poverty Law Center. “By joining this litigation, the city is stating that it has a right to control its own budget. The commissioners of Gainesville and other cities are elected by their constituents to make informed budget decisions, including whether to increase or decrease their police funding based on the best interests and needs of their communities. Those decisions should not be illegally preempted by the political whims of state officials. The Governor and Cabinet do not have any legal authority to force a city to increase its law enforcement spending when the city decides funds would be better spent elsewhere.”
The law is also being challenged in a federal lawsuit brought by community-based organizations dedicated to racial justice across Florida for violating First Amendment rights of freedom of speech and assembly.
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About the Public Rights Project:
Public Rights Project is a national non-profit, based in Oakland, that builds state and local governments’ capacity to enforce their residents’ rights. Their mission is to close the gap between the promise of our laws and the lived reality of our most vulnerable communities. They work to achieve this mission by training attorney fellows to catalyze the proactive work of government law offices; providing strategic support in legal strategy, research, partnerships and data analytics to help offices develop high-impact legal cases; and designing and spreading community outreach and organizing approaches that empower community residents and advocates to be active partners in an enforcement agenda rooted in equity.
About Community Justice Project:
Community Justice Project is a Florida Bar Foundation-funded nonprofit, movement lawyering firm that supports grassroots organizing for racial justice and human rights by utilizing innovative lawyering and creative strategy tools. In support of community organizers, Community Justice Project has represented numerous individuals and putative class members in litigation challenging policies and procedures of various state and federal entities, including Miami-Dade County, the Florida Department of Children and Families, Florida’s Governor and Attorney General and the USDA. CJP believes that a more democratic, more just and more equal society can only truly come about through grassroots organizing and social movements.
About Local Progress:
Local Progress is a movement of local elected officials advancing a racial and economic justice agenda through all levels of local government. We are elected leaders who build power with underrepresented communities, share bold ideas and policy among our network, and fight to reshape what is possible in our localities all across the country. Learn more at www.localprogress.org.
About Local Solutions Support Center:
The Local Solutions Support Center (LSSC) is a national hub that connects, coordinates and creates efforts to counter the abuse of state preemption and strengthen the power of local democracies to advance policies that promote equity, inclusion, public health and safety, and civic participation. For more information, please visit supportdemocracy.org.
About the Southern Poverty Law Center
The SPLC is a catalyst for racial justice in the South and beyond, working in partnership with communities to dismantle white supremacy, strengthen intersectional movements, and advance the human rights of all people.
For more information: https://www.splcenter.org/
Web: https://www.publicrightsproject.org/
Twitter: @public_rights
Medium: @publicrightsproject
Instagram: @publicrightsproject
Media Contact:
Public Rights Project: Madison Jacobs, 602-642-6471, madison@publicrightsproject.org
Community Justice Project: Nadege Green, 305-907-7697, nadege@communityjusticeproject.com
Local Progress: Trisa Taro, 909-720-0324, ttaro@localprogress.org
Southern Poverty Law Center: Larry Hannan, (850) 661-0934, larry.hannan@splcenter.org
Local Solutions Support Center: Dan Rafter, 202-251-7308, drafter@mrss.com
