Boca Raton residents will no longer be voting on an ordinance and charter proposal for downtown development in a January special election.
On Tuesday, Palm Beach County Circuit Court Judge G. Joseph Curley granted local attorney Ned Kimmelman’s request for an injunction that will keep Save Boca’s ordinance and charter proposals off the Jan. 13 ballot. The cost of the special election had been estimated at $464,000—and probably more.
Curley found that Save Boca’s proposed changes were unconstitutionally misleading and contained false statements. He also found that the city council wrongly put the questions before the voters past the 90-day limit after the city certified them.
The language for the proposed ordinance and charter amendment was the same. It stated that the city could not “alienate” any portion of public land one-half acre or greater without a referendum.
Kimmelman, though, argued that everything from Save Boca’s petitions to the ballot proposals was “fraudulent.” Example: The petition claimed that “the majority of registered voters” in Boca Raton have “determined that this ordinance amending the city charter is necessary.” No facts on the record, Kimmelman said, support that claim.
Kimmelman also noted that the proposals refer both to one-half acre and to “any part thereof.” Which would apply? As I have written, Save Boca founder Jonathan Pearlman has refused multiple requests for comment about who drafted the proposed ordinance and charter amendment and whether Save Boca consulted with a lawyer. Save Boca Vice President Buffy Tucker referred questions about the proposals to Pearlman.
After the judge’s ruling, Pearlman sent out an email that criticized the city for not defending the proposals in court. The city, though, was under no obligation to make such a defense—especially since a majority of council members are on record as opposing a charter change that they believe would require expensive special elections for routine land transactions, such as renewals of leases with non-profit groups. Indeed, the city sent Curley a “stipulation” with critical comments from council members about the proposals.
The city council meets Monday and Tuesday. Pearlman may ask council members to put the proposals on the March ballot, but doing so only would draw another lawsuit that Kimmelman would win. Curley, who drew the highest rankings of any circuit judge in the current Florida Bar poll, found that the proposals are flawed.
However, Save Boca still can claim victory. The group’s stated goal at the outset was to force a vote on the Terra/Frisbie downtown redevelopment plan. The council has agreed to such a vote and will review the ballot language next week. The vote will be much clearer without the distraction of the charter amendment.
Kimmelman said of Pearlman, who is running for Seat 2 on the council, “He needs to apologize to the people of Boca Raton. He especially needs to apologize to all of the people who followed him and Save Boca. Mr. Pearlman has no business running for office after what he just did and after the court caught him doing it.”
I’ll have more next week.
