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March 15, 2010

Appeals court dismisses anti-lying law complaint

AP Associated Press

ATLANTA — An appeals court ordered a federal judge to dismiss a complaint that claimed a Miami-Dade County ordinance making it a crime punishable by fines and jail to lie during petition drives is unconstitutional.

The 11th Circuit Court of Appeals on Monday found that former Miami Beach Mayor David Dermer lacks standing to challenge the law.

The three-judge panel’s vacates a 2008 ruling by U.S. District Judge Alan Gold that struck down the ordinance. He had ruled that the threat of arrest acts as a deterrent to free speech and violates the First Amendment.

The anti-lying ordinance was passed two years ago after Miami-Dade Mayor Carlos Alvarez won a petition drive to boost the power of the mayor’s office. Alvarez vetoed the ordinance, but the county commission overrode his veto.

 

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