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Rock of Ages Complaint

Rock of Ages Complaint

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Published by Stefan Kamph

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Published by: Stefan Kamph on Jun 15, 2011
Copyright:Attribution Non-commercial

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06/15/2011

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 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUITIN AND FOR BROWARD COUNTY, FLORIDACIVIL DIVISIONCASE NO.SOUTH FLORIDA GAY NEWS.COM,Inc., andSOCIETY OF PROFESSIONAL JOURNALISTS,Plaintiffs,VS.CITY OF FORT LAUDERDALE, a FloridaMunicipal Corporation, and FRANKLINADDERLY, in his capacity as the Chief of PoliceOf the City of Fort LauderdaleDefendants. _________________________________________________/
COMPLAINT FOR DAMAGES, DECLARATORY JUDGMENTAND INJUNCTIVE RELIEF
Plaintiffs, South Florida Gay News, d/b/a SFGN.com (hereinafter “SFGN”), and theSociety of Professional Journalists (hereinafter “SPJ”) sue Defendants, the City of FortLauderdale (hereinafter “The City”), and Franklin Adderly (hereinafter “Adderly”), in hiscapacity as Chief of Police, and alleges as follows:
JURISDICTION AND PARTIES
1.
 
This is an action for damages greater than $15,000.00, and for declaratory and injunctive relief.2.
 
All material acts and occurrences described herein occurred withinthe City of Fort Lauderdale, Florida.
 
3.
 
This suit is brought pursuant to the First, Fifth and FourteenthAmendments to the United States Constitution, which apply to theState of Florida via the Fourteenth Amendment of the United StatesConstitution.4.
 
This complaint seeks declaratory and injunctive relief to preventviolations of the Plaintiff’s rights, privileges and immunities under the Constitution of the United States, and specifically seekingredress for the deprivation under color of State statute, ordinance,regulation, custom or usage of rights, privileges and immunitiessecured by the Constitution and the laws of the United States.5.
 
At all times material to this complaint, the Defendant, the City of Fort Lauderdale, was and is a political subdivision of the State of Florida, whose authority to enforce applicable rules, regulations,codes, and statutes is governed and limited by the Florida andUnited States Constitutions.
 6.
 
At all times material to this complaint, Defendant, Franklin Adderlywas the Chief of the Fort Lauderdale Police Department, who islocated within Broward County, Florida, and is charged with,amongst other responsibilities, the provision of law enforcementservices therein and, at all time material hereto, was acting under color of state law and within the course and scope of his duties.7.
 
The Defendant, City of Fort Lauderdale, encompasses all partiesand officials acting on its behalf, including all municipal zoning
 
officers, code enforcement officers, the mayor, the town manager,the city commission, the city attorney, all municipal lawenforcement, regulatory and licensing agencies, employees, and allothers acting in any agency or capacity with the Defendant or at theformal direction of the Defendant.8.
 
This Court has jurisdiction over the declaratory relief judgmentaction pursuant to Section 86.011 Fla. Stat.9.
 
Jurisdiction of this Court is further invoked pursuant to Section26.012(3), Florida Statutes, and Rule 1.610, Fla.R.Civ.P., whichgrants the Circuit Courts jurisdiction to issue permanent andtemporary injunctions.10.
 
This Court additionally has jurisdiction over this claim because theamount of damages alleged is greater than $15,000.11.
 
Because the Plaintiff is seeking immediate injunctive relief from thechilling of his constitutional rights, there is no necessity to complywith Florida Statute 768.28, and this complaint serves as notice of the claim.12.
 
The Plaintiff, SFGN, is an accredited Florida news corporation, anda member of the Florida Press Association, the Associated Press,and the National Gay and Lesbian Journalists’ Association.13.
 
The Plaintiff, SFGN, is headquartered in Wilton Manors, Florida,which is within Broward County, Florida, and covers newsworthyevents in the local community.

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