The Third District Court of Appeal’s decision upheld the ruling and affirmed the denial of a temporary injunction. The Third DCA also found neither an abuse of discretion in the trial court’s decision to deny the motion for temporary injunction, nor any error in its attendant legal conclusions. Reflecting on the decision, Guedes stated, “The facts are what they are, and the courts have concluded that the City of Miami Beach had a legitimate, rational basis for taking corrective action to protect their residents in that neighborhood.”

This case has been a focal point of discussion, shedding light on the balance between nightlife economy and the interests of residents. The Court’s decision underscores the importance of local regulations and the City’s commitment to its residents.

For an in-depth look at the case and its implications, click here to read the full article.

The post Edward Guedes Defends City of Miami Beach’s Alcohol Sales Ordinance at the Third District Court of Appeals appeared first on Weiss Serota Helfman Cole + Bierman.

“Here, the ratio appears to be around 15 to one, which raises an eyebrow, so to speak, but doesn’t scream denial of due process,” Ed said in an email. “It’s possible that there was sufficient evidence of extremely egregious conduct on the part of 3M that would help support the greater than single-digit ratio.”

Ed further explained the question is not whether the compensatory damages were low, but if the punitive damages are excessively high, referencing Supreme Court rulings  Pacific Mutual Life Ins. Co. v. Haslip and BMW of North America v. Gore. In the former case, the ratio of punitive damages to compensatory damages was roughly four to one, and the highest court in the country upheld it, Ed said. However, in the latter, the ratio was 500 to one, and was deemed constitutionally defective by the U.S. high court.

So far, juries have ruled in favor of the plaintiffs in four separate trials. In one of the prior trials, the ratio of punitive to compensatory damages was about nine to one, which Ed said is less potentially objectionable “from a due process perspective,” because it is a single-digit ratio.

Click here to read more.

The post Edward G. Guedes discusses how 3M earplug verdict raises questions about punitive awards versus compensatory damages appeared first on Weiss Serota Helfman Cole + Bierman.

The six school districts challenging the rule are Miami-Dade, Leon, Duval, Broward, Orange and Alachua. 

According to Jamie, the Florida Department of Health’s latest emergency order does nothing to prevent communicable disease. “A rule that says parents have to have the sole discretion to opt their kids out of a mask mandate does not control COVID,” observed Jamie. “If anything, it results in less children wearing masks, which will result in more spread of COVID.”

“The DOH rule challenged in this petition is actually focused not on controlling COVID-19, but rather on protecting parental rights,” reads the case filed by Jamie, Edward and Richard. “The DOH does not have rulemaking authority in this area and thus exceeded its rulemaking authority.”

The division of administrative hearings has assigned Administrative Law Judge Brian Newman to preside over the rule challenge. A final hearing has been scheduled to begin on October 21, 2021.

To read the full petition, click here. 

Click the links below to see media coverage.

WTXL: https://www.wtxl.com/news/local-news/leon-county-joins-five-other-school-boards-challenging-state-mask-quarantine-rulings?utm_source=rss&utm_medium=rss

WSVN: https://wsvn.com/news/local/miami-dade/m-dcps-to-relax-covid-19-quarantine-rules-for-middle-school-students/?utm_source=rss&utm_medium=rss

WJCT: https://news.wjct.org/first-coast/2021-10-07/duval-school-board-sues-state-over-mask-mandate?utm_source=rss&utm_medium=rss

WOFL: https://www.fox35orlando.com/news/six-districts-challenge-rule-on-masks-quarantines?utm_source=rss&utm_medium=rss

Tallahassee Democrat: https://www.tallahassee.com/story/news/2021/10/07/six-school-districts-including-leon-challenge-florida-rule-on-masks-quarantines/6037810001/?utm_source=rss&utm_medium=rss

Jacksonville News: https://www.jacksonville.com/story/news/education/2021/10/07/duval-school-board-sues-state-health-department-over-mask-mandate-ban/6034787001/?utm_source=rss&utm_medium=rss

Latin Post: https://www.latinpost.com/articles/152291/20211007/florida-school-board-oks-funding-cuts-sanctions-schools-defying-mask.htm?utm_source=rss&utm_medium=rss 

Florida Politics: https://floridapolitics.com/archives/463271-six-school-districts-file-suit-against-states-school-mask-and-quarantine-rules/?utm_source=rss&utm_medium=rss

WFOR: https://miami.cbslocal.com/2021/10/07/six-florida-districts-including-miami-dade-broward-challenge-rule-on-masks-quarantines/?utm_source=rss&utm_medium=rss

WLRN: https://www.wlrn.org/news/2021-10-07/six-florida-school-districts-challenge-rule-on-masks-quarantines?utm_source=rss&utm_medium=rss

The post WSHC+B Files Petition on Behalf of Six School Districts, Challenging State COVID-19 Safety Protocols in Schools appeared first on Weiss Serota Helfman Cole + Bierman.

The court reversed the Fourth District Court of Appeal’s decision and approved contrary decisions from the Second and Third Districts.

The Fourth District had ruled against West Palm Beach and concluded that a resident was permitted to sue the city to compel it to enforce its code against a neighbor. 

WSHC+B argued the dangerous precedent would cause chaos in local governance by forcing counties and municipalities to become enforcement tools for disgruntled residents in violation of the long established principle that local governments were immune from judicial scrutiny in connection with discretionary planning and enforcement functions.

Click here to read the Florida Supreme Court decision in the City of West Palm Beach v. Haver.

The post WSHC+B successfully represents the Florida League of Cities, Aventura, Pinecrest and Cutler Bay appeared first on Weiss Serota Helfman Cole + Bierman.

The previous emergency rule banning universal mask mandates in schools has become moot after Florida’s new surgeon general, Dr. Joseph Ladapo, issued a new emergency rule putting masking and quarantine decisions at the sole discretion of parents.  

The Tampa Bay Times reported that the emergency rule was unveiled to the public in court documents pertaining to a case brought by the school districts in Alachua, Broward, Leon, Miami-Dade and Orange counties. Jamie and Ed, along with firm attorney Richard Rosengarten, are representing the Leon and Miami-Dade School Boards in that matter.

The districts’ challenge to a mask mandate rule ended Wednesday after an attorney representing the state filed a motion to dismiss the case, arguing the case was moot because the new rule had repealed and replaced the earlier challenged rule. The request came two days before the case was set to begin before administrative law judge Brian Newman, who had set aside a week to hear arguments.

The department “did the [new] rule with absolutely no public notice, no hearing, no transparency whatsoever,” observed Jamie. “What is the emergency now that necessitated making this emergency rule?”

Ed raised concerns about the pattern that seemed to be emerging in the state’s approach. 

“What’s going to happen the next time” a legal challenge nears its hearing date, Guedes asked. “Are they going to wait until the last minute and say, ‘Oh, we’ve repealed it and here’s another’?”

If that occurs, he observed, the state agency will have engaged in rule-making in a way that evades judicial review.

Click the links below to see media coverage.

MSN: https://link.edgepilot.com/s/7bf8501c/mghaWBum-EuVJPMmi9GO0g?u=https://www.msn.com/en-us/news/us/florida-issues-new-executive-order-easing-school-covid-rules/ar-AAOIa0p&utm_source=rss&utm_medium=rss

Tampa Bay Times:  https://link.edgepilot.com/s/a99a73ec/thOdU0CUn0WvBTzaT2na4w?u=https://www.tampabay.com/news/florida-politics/2021/09/22/florida-issues-new-executive-order-easing-school-covid-rules/&utm_source=rss&utm_medium=rss

Miami Herald:  https://link.edgepilot.com/s/12881c39/gbnEBWJTVkWsMp7iZ2B7yA?u=https://www.miamiherald.com/news/local/education/article254436773.html&utm_source=rss&utm_medium=rss

The post Jamie A. Cole and Edward G. Guedes respond to new executive order in Florida that eases school COVID rules appeared first on Weiss Serota Helfman Cole + Bierman.

When ABC 27 asked about the Executive Order issued by the Florida Department of Health that gives parents the authority to determine whether or not their child wears a mask at school, Jamie explained that “the Department of Health is only allowed to issue rules to protect against communicable diseases. That portion of the rule does not protect against communicable diseases.”

Jamie continued to explain that parents don’t have a right when it infringes on another parent’s right.

At the time of this interview, the first district court of appeals reinstated Florida’s ability to protect the freedom for parents to decide whether or not their child wears a mask while the court makes their own ruling on the appeal.

The policy in question hinges on how much authority a school district will have going forward on matters of protecting students.

Click here to watch the interview.

The post Jamie A. Cole discusses Leon School Board Mask Mandate Policies with ABC 27 appeared first on Weiss Serota Helfman Cole + Bierman.

After Superintendent Rocky Hanna instituted a temporary mask mandate for students in pre-Kindergarten through eighth grade, Florida Education Commissioner Richard Corcoran said the state will continue to withhold part of the salaries of superintendents and school board members in counties requiring in-school masks with no parental opt-out.

Cole, along with Firm partner, Ed Guedes, and senior associate, Richard Rosengarten, is also representing the School Board of Miami-Dade on similar matters, but Cole noted that Leon County is different because they began the school year by complying with the state’s interpretation of the emergency rule. 

In a letter from Leon County Schools, which Cole assisted in drafting, the district argued it is following the DOH rule based on its language. It stated that to comply with the state’s interpretation of the rule, they would have to ignore CDC guidelines, the Florida state Constitution, and Florida statutes. 

School Board members continue to insist that the issue is broader than masks, that this is a battle for home rule and the right of school districts to protect their own children. 

In an interview with WFSU Public Media, Cole said “I’ve been fighting for home rule for cities and governments. And if the state or the governor and other state agencies are able to force you to do whatever they say and penalize you personally for doing it or kick you out of office for the way you vote—it goes to the heart of democracy and the separation of powers.”

According to Cole, this is a very difficult spot to be in and school board members are doing what they believe is right for the safety and health of their students. 

Click the links below to see media coverage.

Tallahassee Democrat: https://www.tallahassee.com/story/news/2021/09/02/leon-school-board-unanimously-votes-hire-lawyer-fight-desantis/5693841001/?utm_source=rss&utm_medium=rss

WCTV: https://www.wctv.tv/2021/09/03/leon-county-school-board-votes-hire-attorney-gearing-up-legal-fight-over-mask-mandate/?utm_source=rss&utm_medium=rss

WTXL: https://www.wtxl.com/news/local-news/lcs-hires-lawyer-responds-to-corcorans-grave-concerns?utm_source=rss&utm_medium=rss

WTXL: https://www.wtxl.com/news/local-news/lcs-board-takes-extra-steps-to-strengthen-defense-against-corcoran?utm_source=rss&utm_medium=rss

The Famuan: http://www.thefamuanonline.com/2021/09/02/leon-county-school-board-hires-firm-in-fight-with-state/?utm_source=rss&utm_medium=rss

WFSU: https://news.wfsu.org/wfsu-local-news/2021-09-02/leon-school-district-lawyers-up-in-preparation-for-potential-lawsuits-over-its-mask-policy?utm_source=rss&utm_medium=rss

The post Jamie A. Cole to Represent Leon School Board on Their Mask Mandate Policies appeared first on Weiss Serota Helfman Cole + Bierman.

The standoff occurring in school districts across Florida over mask mandates could shift into the Florida Legislature as Republicans consider a session to expand the law that allows for the suspension or removal of superintendents who have opposed the Governor’s order forbidding mandatory face coverings to protect against COVID-19. 

“The Legislature cannot come along and suddenly bestow new powers on the Office of the Governor, not when the Constitution specifically speaks to what those removal powers are,’’ said Guedes.

Guedes, who is representing the Miami-Dade County school district, has also asked the Third District Court of Appeal to review the validity of the Aug. 6 Department of Health emergency rule requiring schools to include an opt-out clause in any mask rules they adopt. The Department of Education has invoked the rule in an effort to keep 10 school districts, including Hillsborough County, from imposing mask mandates.

According to Guedes, the Department of Health is supposed to be the agency dealing with communicable diseases and regulating health matters, but its “emergency” rule only offered suggestions on when and how to quarantine and related issues. 

The legal challenges by school districts are expected to continue in state and federal courts, as school boards have asked their attorneys to protect their authority to adopt policies they determine to be in the best health and safety interests of students and staff. 

Click here and here to read the full articles.

The post Edward G. Guedes Discusses the Legal Battles Over School Masks with the Tampa Bay Times appeared first on Weiss Serota Helfman Cole + Bierman.

Chanae will be officially recognized as the Diversity, Equity, and Inclusion honoree during the IMLA’s 86th Annual Conference taking place in Minneapolis, September 29-October 3, 2021.

The post WSHC+B Attorney Chanae L. Wood is the Recipient of the Diversity, Equity, and Inclusion Award at the upcoming IMLA Annual Conference appeared first on Weiss Serota Helfman Cole + Bierman.

In June 2019, the City of Miami Gardens applied for a boundary change with the Miami-Dade Clerk of the Board. An advertised public hearing took place, and the proposed boundary change was approved. The annexation remains unfinalized, however, the appellants claimed the annexation would cause irreparable harm to them.

The city and county said there were still many steps to go before the county commission’s final consideration of the decision and since the annexation was not finalized, it could not cause irreparable harm.

Firm partner, Edward Guedes, said “The Third District Court of Appeal correctly understood that our system of government, as encompassed by the separation-of-powers doctrine, doesn’t allow the judicial branch to interfere with ongoing political or legislative processes such as the county’s evaluation of Miami Gardens’ annexation request.”

Weiss Serota Helfman Cole & Bierman P.L. partner John Quick followed up stating “rather than side with the plaintiffs, which would have effectively thwarted the voice of the people and our elected officials, the courts stood aside — as they should at this stage — and allowed the legislative process to proceed.”

The appellate panel agreed with Miami-Dade Circuit Court Judge Valerie Manno Schurr, who found the appellants lacked jurisdiction.

Click here to read the full article.

The post WSHC+B Successfully Represents the City Of Miami Gardens in a Land Annexation Challenge appeared first on Weiss Serota Helfman Cole + Bierman.