SUBJECT/RECOMMENDATION:
Title
Authorize the City Attorney to retain the law firm of Luke Charles Lirot, PA to represent the City in the Federal appeal of the denial of Plaintiffs’ request for a preliminary injunction in the case of Florida Preborn Rescue, Inc., Allen Tuthill, Antoniette M. Migliore, Scott J. Mahurin, and Judith Goldsberry v. City of Clearwater, Case No. 8:23-cv-01173-MSS-AAS, and authorize final payment for legal services during the preliminary injunction phase. (consent)
Body
SUMMARY:
On March 16, 2023, Council adopted Ordinance 9665-23, which establishes a vehicle safety zone for the Bread and Roses Woman’s Health Center at 1560 S. Highland Avenue.
The City was served with a federal complaint on June 1, 2023, and an amended complaint on June 8, 2023, in which the plaintiffs claim the ordinance violates the First Amendment. On June 9, 2023, the City Attorney recommended and the Council approved the hiring of attorney Luke Lirot to represent the City in this matter.
On June 2, 2023, the Plaintiffs filed a Motion for a Preliminary Injunction, which was heard at oral argument on September 21, 2023. The oral argument included extensive testimony and evidence provided by the Clearwater Police Department. On October 20, 2023, the federal district court issued an order denying the Plaintiffs’ motion. The Plaintiffs have now filed a Notice of Interlocutory Appeal. As a result, the City Attorney is recommending extending Mr. Lirot’s representation to encompass the appeal. The combined estimated cost for the appeal, along with Mr. Lirot’s final invoice relating to services provided in the district court, totals $28,685.90.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109600-530100, Professional Services, to fund this contract.