Jones v. City of Key West, Fla.

• Decision Date: 25 February 1988
• Docket Number: No. 85-499-CIV-MARCUS.,85-499-CIV-MARCUS.
• Citation: 679 F. Supp. 1547
• Parties: Douglas M. JONES, Plaintiff, v. CITY OF KEY WEST, FLORIDA and Richard Heyman, Defendants.
• Court: U.S. District Court — Southern District of Florida

679 F. Supp. 1547

Douglas M. JONES, Plaintiff, v. CITY OF KEY WEST, FLORIDA and Richard Heyman, Defendants.

No. 85-499-CIV-MARCUS.

United States District Court, S.D. Florida.

February 25, 1988.

David P. Karcher, Underwood, Gillis, Karcher & Valle, P.A., Miami, Fla., for plaintiff.

Michael T. Burke, Fleming, O'Bryan & Fleming, Ft. Lauderdale, Fla., for defendants.

FINAL ORDER, FINDINGS OF FACT AND CONCLUSIONS OF LAW

MARCUS, District Judge.

Those who won our independence believed ... that freedom to think as you will and to speak as you think are means indispensible to the discovery and spread of political truth; ... that public discussion is a political duty; and that this should be a fundamental principle of American government.... Believing in the power of reason as applied through public discussion, they eschewed silence coerced by law — the argument of force in its worst form.¹

THIS ACTION was brought by Plaintiff, Douglas M. Jones, a resident of Key West, Florida, alleging a violation of 42 U.S.C. § 1983. Specifically, Plaintiff contends that, shortly after being called to testify on the issue of senior citizen discounts on garbage and sewer fees, he was unlawfully prevented from presenting his views at a public meeting of the City Commission of Key West by the Mayor of Key West, Richard Heyman acting under color of state law. Mr. Jones was silenced, removed from the City Commission Chambers by force pursuant to the Mayor's order, taken into custody, and arrested. He claims that these actions violated his rights under the First and Fourteenth Amendments to the United States Constitution and seeks injunctive and declaratory relief against the City of Key West, as well as damages.

Count I seeks to permanently enjoin the City of Key West and its Mayor from enforcing Key West City Ordinance No. 85-1. Plaintiff contends that the ordinance is unconstitutionally vague and overbroad, lacking "precise, objective, and narrowly pinpointed standards controlling the presiding officer's or a majority of the City Commissioners' exercise of discretion in their determination as to what speech shall constitute a disturbance." Complaint ¶ 13(d).

Count II claims damages against the City of Key West and Richard Heyman. Plaintiff asserts that the Defendants' actions violated his First Amendment rights as well as his rights under the due process and equal protection clauses of the Fourteenth Amendment. Plaintiff seeks compensatory damages for his injuries under 42 U.S.C. § 1983. He maintains that his removal from the City Commission Chambers and subsequent arrest caused him to suffer "embarrassment, public humiliation, emotional distress, mental pain and suffering, and injury to his reputation." Complaint ¶ 20. Additionally Plaintiff seeks punitive damages, claiming that the actions of Defendant Heyman were "willful, wanton, malicious and committed with complete disregard for the rights of the Plaintiff and others similarly situated." Complaint ¶ 22. Plaintiff also seeks costs, reasonable attorney's fees and such other relief as the Court may deem equitable and just.

Mr. Jones' Complaint was tried before the Court without a jury, and pursuant to Rule 52(a), Federal Rules of Civil Procedure, we make the following Findings of Fact and Conclusions of Law.

I. FINDINGS OF FACT

1. The Plaintiff, Douglas M. Jones is currently, and was at all times relevant to this action a resident of Key West, Florida. He operates a fumigating company in Key West.

2. On the day of February 5, 1985, a City Commission meeting was convened. The Defendant, Richard A. Heyman, the Mayor of Key West, presided over this meeting.

3. On the agenda for this meeting was a proposal that senior citizens be allowed a discount on garbage removal and sewer fees.

4. Douglas Jones attended the City Commission meeting and had listed his name as a speaker and the subject of his proposed testimony in advance of the meeting, as required by Commission rules. Jones was the only person who requested time to speak on the subject of garbage and sewer fees. He was recognized by Mayor Heyman to speak on the senior discount matter. After uttering only a few opening words, Mr. Jones' testimony was interrupted by one of the City Commissioners, Mr. Halloran, and by Mayor Heyman. Following a brief, acerbic interchange between Mayor Heyman and Mr. Jones, the Plaintiff was ordered removed and was forcibly expelled from the Commission chamber by a Key West Police Officer.

5. Key West's City Commission meetings are broadcast live on television in Key West and throughout Monroe County. Accordingly, the exchange between Mayor Heyman and Mr. Jones, as well as Mr. Jones' subsequent removal from the chamber, were seen by an unspecified number of television viewers throughout the County. Indeed, according to Mr. Jones' unrefuted testimony at trial, the videotape of the proceedings was replayed several times on television later in the evening of February 5, 1985.

6. The exchange between Mayor Heyman and Mr. Jones is memorialized in a videotape of the Commission proceedings. See videotape, Ex. 1; verbatim transcript, Plaintiff's Ex. 2. The relevant discussion occurred as follows:

Mayor Heyman: Commissioner Cates.

Commissioner Cates: Yes, you see in your memo here in your packet that the City Manager and I have discussed this and several uh senior citizens have brought up the fact that other utilities in Key West give discounts to senior citizens under a certain income and uh the city doesn't give any as far as garbage and sewer is concerned. Now, you see here in your information that uh we have to get permission from bond counsel before we can uh or the bond trustee, Southeast Bank, before we can approve any type of discounts for sewer, but I think that the city can uh do something as far as garbage discounts are concerned.

Mayor Heyman: Okay, is that ...?

Commissioner Cates: Well, uh, I mean uh, I would like some input from the rest of the Commission, I mean, why the city doesn't give senior citizen discounts when Florida Keys Aqueduct does, City Electric does, other utilities in the cities do as a break for senior citizens.

Mayor Heyman: Okay, Mr. City Manager is there any reason, uh, you say we have to get the bond counsel to give us an okay on sewer, is there any reason on the solid waste?

City Manager Koford: All it takes would be a change in the ordinance for solid waste for reference to your discounts and we just offset that on the other side of the ledger for whatever loss of revenues we'd receive we'd have to increase it from some place.

Commissioner Cates: I think the way the other utilities do it is they make them fill out a form and there's a certain limit on income, it doesn't mean that anyone with unlimited income just because they are over a certain age get a discount, but senior citizens with a limited income.

Mayor Heyman: Doug Jones.

Doug Jones: My name is Douglas Jones, I live at 1328 Duncan. Ladies and gentlemen, if you were a little more prudent with our money and the way you spend it, we could all get a discount, especially on our garbage.

Commissioner Halloran: Mr. Mayor —

Mayor Heyman: Mr. Jones —

Mr. Jones: I am back to the — listen, I am —

Mayor Heyman: (Rapped gavel.) Listen, hey, you are here to talk either for or against senior citizen discount and you stay on that.

Mr. Jones: Let me tell you something, Mr., I am on that subject. If you can't stay germane in your mind that's your problem, not mine.

Mayor Heyman: I'll decide, I'm running this meeting and I'll decide, and Mr. Jones, one more outburst like that and I'll have you removed from here.

Mr. Jones: I don't think you're big enough.

Mayor Heyman: Rapped gavel Mr. Officer —

Mr. Jones: Now, the senior citizens in this community are going to get discounts —

Mayor Heyman: Mr. Jones you're removed from the chambers.

Mr. Jones: For what reason, sir?

Mayor Heyman: Because you —

Mr. Jones: For what? Give me a —

Mayor Heyman: Because you did not respect this gavel and this chair.

Mr. Jones: I did respect this chair.

Mayor Heyman: No, you didn't.

Mr. Jones: Yes, I did.

Mayor Heyman: No, you didn't.

Mr. Jones: Oh, yes sir.

Mayor Heyman: Officers, please.

Officer: Mr. Jones, would you please leave.

Mr. Jones: You're going to have to forcibly take me because I'm going to sue this City.

Mr. Jones: (responding to officer whose voice is not audible on tape.) I'd rather not. What is the charge?

Officer: Mr. Jones, you're disturbing the City Commission meeting.

Mr. Jones: What is the charge? Have I raised my voice? I just can't believe this. These three clowns can say whatever they want and no one can talk. I cannot believe the gestapo tactics of this Commission.

Commissioner Cates: Mr. Mayor what about the rest of this letter where Mr. Koford says that we require the bond trustee, Southeast Bank, do we direct the City Manager to contact them in some way to see how we go about this for the sewer.

7. Mayor Heyman's testimony as to this incident was that he had ordered Mr. Jones' removal from the Commission chamber because Jones had approached the City Commission "in an antagonistic manner." Mayor Heyman further testified that his removal order was intended to "head Mr. Jones off at the pass" rather than risk the possibility that Mr. Jones' attitude toward the City Commission might develop into a confrontation. Further, and perhaps most importantly to our consideration, the Mayor testified that Mr. Jones' comments were irrelevant to the issue pending before the Commission. Authority for Mr. Jones' removal, according to Mayor Heyman, lay in City Ordinance No. 85-1 and in Roberts' Rules of Order.

8. City of Key West Ordinance No. 85-1 states in relevant part:

Section 1: It shall be unlawful for any person to disturb or interrupt any meeting of the City Commission. The use of obscene or profane language, physical violence or the threat thereof, or other loud and boisterous behavior which the presiding officer or

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