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Miami City Commissioner Joe Carollo is likened to Cuba’s Castro brothers and Venezuela’s Nicolas Maduro in a lawsuit filed Thursday that claims he uses his office to exact revenge on his political enemies and seeks at least $2.5 million in punitive damages.
Bill Fuller and Martin Pinilla, who own the very popular Ball & Chain lounge and other properties along Calle Ocho and are photographed here with their attorney and tenants, claim in their demand for a jury trial that Carollo has “obliterated” their first amendment rights by “using the power and influence of his government office to engage in a campaign of harassment, retribution and retaliation” simply because they supported his opponent in the 2017 election.
“Carollo’s actions, designed to destroy plaintiff’s businesses and reputations, is pure political payback,” the lawsuit states. “Unchecked retaliation and political payback of this scale would lead the United States down the path of Cuba and Venezuela today.”
The main claim is that Carollo sics the police department, fire department and code enforcement on them for ludicrous and frivolous complaints. As the plaintiffs and their attorney set up for a press conference Thursday morning, a city employee snapped photos from the sidewalk.
The lawsuit also claims that Carollo is in violation of city charter which prohibits commissioners from directing city staff and that he has used city resources for his political vendetta specifically to:
Shut down a Christmas party for employees and tenants and their employees and families, a party that Fuller and Pinilla say city commissioners attended before.
Prevented use of the same shipping containers allowed in Wynwood and by the Miami River, almost destroying a family business operating a wildly popular restaurant called Sanguich.
Shut down the plaintiffs’ tenant Union Beer by sending police and code enforcement personnel to raid their anniversary party
Permanently shut down construction on a kiosk market the plaintiff had invested in after already obtaining city approval
Shut down the wildly popular Viernes Culturales because Fuller is chairman of the board of the non profit
Trespass on plaintiffs property and conduct illegal searches and government surveillance
The lawsuit also claims that Carollo makes anonymous noise complaints against Ball & Chain and has solicited neighbors to make complaints, has sicced code enforcement on the valet company and defamed the plaintiffs on radio, calling Fuller “el Padrino” and saying that he operates like a Godfather backed by Venezuelan criminals, which is a classic Carollo move.
“Carollo has also managed to amend key provisions of the Miami city code to target plaintiffs’ businesses,” the lawsuit states. “Carollo’s stated intention is to drive the plaintiffs out of business, even if he has to destroy the life savings and work of the businesses who rent from the plaintiffs.
“These are not mere allegations,” it continues, adding that there are text messages, emails, photos, videos and the testimony of city employees and one other commissioner to attest to the claims. Some of these are included as exhibits. Former Carollo Chief of Staff Steve Miro seems to be the star witness.
They also have Carollo’s big mouth, since he said he was the “new sheriff in town” and “I am the law.”
The lawsuit also uses the very same violation of free speech lawsuit that Carollo filed against former Doral Mayor Luigi Boria when he was fired as town manager.
It was filed against Carollo as an individual, not a commissioner, and said he should be personally liable for the thousands of dollars or millions that these businesses have lost.
He should also have to pay at least $2.5 million in punitive damages to prevent “such despicable conduct in the future.”
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Miami taxpayers could be on the hook for City Commissioner Joe Carollo‘s frivolous and ridiculous lawsuit against the mayor, city clerk and others to take the strong mayor referendum off the ballot. They could be billed for his political stunt.
The lawsuit was dismissed — practically laughed out of court — in an 18-page ruling Saturday by Miami-Dade Circuit Court Judge Miguel M. de la O, who said that Carollo’s arguments had no merit. Not a single one. He basically called Carollo a sore loser who, having lost the vote at the dais when the commission voted to put the question on the ballot, turned to the courts.
Read related: Judge calls Joe Carollo sore loser, rips apart strong mayor lawsuit
Carollo has 30 days to appeal, though in matters of elections the courts want things expedited and the fact he hasn’t appealed yet indicates he took his spanking hard. But whether he appeals or not, the legal costs incurred so far can be estimated at between $25,000 and $80,000, depending on how many attorneys he had “consulting” on it. That could include Tania Cruz, the daughter-in-law of Miami-Dade Mayor Carlos Gimenez, who got an email exactly two minutes and three seconds after the court’s online system confirmed receiving the case from lead attorney Jesus Suarez.
Suarez, who works for the Genovese Joblove & Battista law firm, doesn’t work for free and someone is going to have to pay him for his work.
“No payments have been made at this time,” City Attorney Victoria Mendez told Ladra after I asked. Keywords: At this time. That doesn’t mean that he won’t be paid in the future.
Read related: Joe Carollo files late campaign report, with $60K for mayor’s daughter-in-law
And, in fact, he could be paid from city funds after all. Carollo filed the lawsuit as a city commissioner, not as a citizen or as a voter. The first line of his emergency complaint says so.
“Plaintiff/petitioner JOE CAROLLO, as an individual and as a commissioner in the City of Miami, Florida, sues Defendants/Respondents …” The keywords there are as a commissioner.
Que descarado! That’s what’s called trying to “achieve standing” so the city would be on the hook — meaning he would be making taxpayers would be funding this political feud.
Is he going to do this every time he loses a battle on the dais? Every time the other commissioners vote against him, is he going to take it to court and make taxpayers foot the bill?
That could get very expensive.
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The purchase of a home on Old Cutler Road, to convert it into a fire station outpost, and regulations for motorized scooters are among the agenda items at the Coral Gables commission meeting Tuesday, the first since City Manager Peter Iglesias was given the permanent job.
Some people are unhappy about the way that Iglesias got the top administrative post after Cathy Swanson-Rivenbark‘s forced exit without any type of national search or even look around town. There may be some residents who bring it up during public comments, but the city manager’s position and the police structure and the relationship between the two is not on the agenda this week for the first time in a while.
What they will discuss includes the purchase of Cal Rosenbaum’s residential property at 7000 Old Cutler Road for the purpose of “preserving landscaped open space and renovating the existing house for use as a fire station to enhance fire rescue response time to the surrounding neighborhood.”
Read related: Coral Gables manager Cathy Swanson-Rivenbark quits job in battle with chief
It seems odd that this is the first some might hear about the purchase of this property, which is right adjacent to Cocoplum Circle (see aerial photo here). Has there been any study as to whether the location is the best option? Have other homes or properties even been identified? In fact, how did this one come onto the city’s radar?
The city has already gotten a multitude of assessments which vary from $1.3 to $3.9 million, depending on whether the prperty is used as residential or commercial. The city’s proposal, of course, is to pay top dollar: $4 million as is.
There are $1.5 million available in state grant funds and $2.3 million would come from impact fees, leaving $200,000 from the general capital improvement budget.
Why would the city pay the highest amount? Even the property advisory board recommended $3 million.
And that’s likely not the end of the expenses. What would it cost to turn the house into a functioning station? And how would that impact the community around it?
Read related: New proposed Coral Gables police and fire HQ raises concerns, ‘propaganda’
The city, which is in the process of building a new public safety headquarters for police and fire, currently has three fire stations. The main one at 2801 Salzedo Street (photographed here), which shares space with the police department, is in such bad shape that some equipment is parked outside so it doesn’t get damaged. This station would be replaced by the new public safety building. Fire Station II at 525 South Dixie Highway is crumbling, with firefighters sleeping in trailers in the parking lot. And Fire Station III at 11911 Old Cutler Rd., may still have mold issues.
Maybe before the city gets into another fire station, it should bring the ones it has up to par and finish the main public safety building. It doesn’t seem that this is such a bargain deal that it has to happen right now. There’s even a clause where the residents get to stay for two years paying no rent. This is a sweet deal for Cal Rosenbaum, who asked the commission in 2015 to buy his home so he could move out of the Gables because of overdevelopment. I kid you not.
What’s the hurry?
“Fire response to the City’s central areas has been challenging due to travel distances and access limitation caused by traffic congestion and lack of alternate travel routes for its existing fire stations,” says the memo in the commission agenda package. “Locating a fire station somewhere near Sunset would help to narrow the gap between the existing fire stations and allow faster response times to communities such as Coco Plum, Gables Estates, Hammock Lakes, and portions of the University of Miami.”
It’s bonus that the lot they are looking at has a lot of wooded ground and 136 trees that would create a buffer to the firetrucks in an expanded garage. “This area primarily consists of residential so staff wanted to ensure the location had minimal [visual] impact to the neighborhood,” the memo says.
Maybe we’ll see what the neighborhood says Tuesday.
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If you live in Senate District 40, where incumbent Sen. Annette Taddeo is facing a challenge from Republican superwoman Marili Cancio, then you also probably live in either House District 115 or House District 118.
This Wednesday, you have a chance to see the candidates in both your senate and house race at the first of three candidate forums brought to us by the Kendall Federation of Homeowner Associations, which has been hosting some well-attended candidate forums since at least 2011.
Beginning at 7 p.m., residents can hear from Democrat Jeffrey Solomon and Republican Vance Aloupis in the 115 race and State Rep. Robert Asencio and his Republican challenger Anthony Rodriguez in 118, as well as Taddeo and Cancio.
Read related: Vance Aloupis fails to mention GOP as required, courting NPAs in general
A week later, they will host Democrat Javier Estevez and Republican Doral Councilwoman Ana Maria Rodriguez, who are running to replace former State Rep. turned Ambassador Carlos Trujillo in District 105, Democrat James Harden and Republican State Rep. Daniel Perez from District 116 and Democrat Heath Rassner, who is running to replace termed-out State Rep. Jeanette Nuñez, who was tapped as LG for Ron Desantis, in District 119.
Juan Fernandez Barquin, the Republican in 119 who beat Analeen “Annie” Martinez, Commissioner Joe Martinez‘s better funded daughter, said he might be out of town, said KFHA President Mike Rosenberg.
KFHA wants to host the congressional candidates from District 26 and 27 on the 25th, but apparently only the incumbent, U.S. Rep. Carlos Curbelo, has confirmed.
Read related: Carlos Curbelo is bad for public education; teachers back Debbie
“We’re still trying to confirm Debbie Mucarsel-Powell and Maria Elvira Salazar, but we’re having a difficult time reaching them,” an email blast said.
Rosenberg told Ladra that Donna Shalala, the Dem running against Salazar to replace Congresswoman Ileana Ros-Lehtinen in #CD27, is willing and ready to come out any time, but that he has tried multiple times to reach Salazar to no avail.
“Sometimes I have to be beyond the ‘normal’ persistent in reaching out to candidates,” Rosenberg wrote in an email to Salazar he shared with Ladra. “For some reason there are candidates that don’t want to debate their opponents. I truly don’t understand that, but our forums are not debates, but rather questions. We want to know who you are and what kind of leader you would make. We simply want to ask you questions.
“I will continue to reach out to you as I believe our audience is very engaged and eager to learn. As President of the Kendall Federation, I must try and make sure all the candidates appear. So, forgive my persistence, but I have always believed, if we can’t get you to meet with our community before an election, we’ll never be able to get you afterwards.”
Rosenberg, who said he hasn’t given up on Mucarsel-Powell either, is right about that.
The KFHA meetings are always in the Kendall Village pavilion at that shopping center, 8625 SW 124th Ave.
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A Miami-Dade judge on Saturday ripped apart, er, ruled against a lawsuit filed by Miami Commissioner Crazy Joe Carollo in an 18-page spanking, uh, decision that basically calls him a sore loser who ran to the court after he failed to get his way on the commission.
Carollo is against the strong mayor referendum that city commissioners voted to put on the ballot in August. He was joined by Miami-Dade Mayor Carlos Gimenez, who has gone on TV and radio against the measure, so it’s a defeat for him as well.
“The essence of the matter before the court is that Commissioner Carollo opposes changing the governing structure of the City of Miami to a strong mayor form of government. In his role as City Commissioner he argued against the issue being presented to, and decided by, the voters in the form of a ballot referendum,” wrote 11th Circuit Court Judge Miguel M. de la O in a final summary judgement for Mayor Francis Suarez and the other defendants in Carollo’s stunt, er, legal challenge.
Read related: Gimenez clan involved in Joe Carollo lawsuit vs strong mayor
“He now asks this court to declare the referendum illegal for a number of reasons, none of which have merit,” the judge continued in his intro. “The question of how the City of Miami should be structured is at its core a political one. Therefore, Commissioner Carollo must rely on his powers of persuasion to convince the citizens of Miami as to the folly of a strong mayor form of government, if it is indeed folly.”
Wait, powers of persuasion? Who says a judge can’t be funny?
De la O didn’t let Crazy Joe use his “powers of persuasion” in court even though Carollo, in true form, “sought to take dozens of depositions, and subpoenaed in excess of 30 witnesses to the October 5, 2018 hearing, all of which this Court deemed unnecessary.”
In other words, nananina said the judge, cutting Crazy Joe off before he could start.
He lays into Crazy Joe and fails all of his counts on what apparently amounts to a frivolous and ridiculous lawsuit:
The ballot language is, indeed, abundantly clear and complete on the purpose of the referendum and not misleading, the judge said.
The petition signatures do not need to meet Miami-Dade standards that are not required by the city of Miami charter and, even if they did, the city commission placed the referendum on the ballot, not the petitions, so that is a moot point.
And the complaint about the pay formula is not only moot, because that’s not the purpose of the measure, it also “misses the mark,” wrote de la O. “First, there is in fact a pay formula now, it is whatever manner and amount the Mayor is currently paid. Commissioner Carollo’s counsel stated at the hearing that the Mayor’s salary is set at the discretion of the Commission. That is a pay formula. It may be purely discretionary, but a discretionary formula is no less a formula.”
In other words: “Duh.”
Was it intentionally ridiculous?
If not, this should be a huge embarrassment for the attorneys because the lawsuit apparently doesn’t have a single leg to stand on. The judge laughs at it throughout the ruling, says that a comparison to a Leon County case under appeal was “remarkably different” and pokes so many holes in it that it almost seems like it was intentional. Like a parody of a lawsuit.
Read related: Joe Carollo files late campaign report, with $60K to mayor’s daughter-in-law
If it is, this could be fraud. Ladra can’t help but wonder how much was paid to Jesus Suarez, the lawyer whose name it is under who filed it, and maybe also Tania Cruz, Mayor Carlos Gimenez’s daughter-in-law — the one who got paid $60,000 for “mailers” during the campaign. She was likely advising Carollo on the matter, as evidenced by an email from Suarez to both Tania Cruz and her husband CJ Gimenez two minutes after the lawsuit was filed. “Done,” it said.
The public also needs to know who paid for it? Someone is paying Suarez, at the Genovese, Joblove & Battista law firm. Five other firm emails were ccd as was Carollo campaign attorney Benedict Kuehne. They are not doing this for free. Is Cruz making more from a political action committee? Maybe her Papi-in-law’s PAC this time?
When Ladra first asked City Attorney Victoria Mendez if the city had paid the attorney, she wrote back “No payments have been made at this time.” Which sounded like the city could be paying for this frivolous lawsuit sometime in the future. So I asked again and got the same answer. “There are no records responsive to your request. The City is not paying Mr. Suarez at this time,” she wrote again.
What does that mean?
Neither Carollo nor Suarez returned several calls.
Ladra challenges Joey Flechas or Doug Hanks (since the Gimenez clan is involved) to find out what this lawsuit really was. Payoff to someone for something? Propaganda maybe?
Because the one thing it’s apparently not is a legitimate legal challenge.
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