Lawsuit filed to reinstate homeless tax vote in Miami Beach

MIAMI BEACH, FL. – The day after the Miami Beach Commissioners voted to cancel question on the November ballot to impose a 1% food and drink tax on the homeless – just days before the election – a lawsuit was filed on behalf of several Miami Beach residents to have their votes counted.

“The City Commission’s decision was shocking and truly unprecedented,” said attorney Jerry Greenberg of Gelber Schachter & Greenberg.

One of Greenberg’s partners in the firm is former Miami Beach Mayor Dan Gelber.

In response to the commissioners’ decision, after 20,000 votes had already been counted, Greenberg’s firm filed an emergency injunction to reverse the action city leaders had taken regarding the ballot item.

“He’s seeking an injunction that would force an election, that would invalidate the city’s actions and also make it clear to voters that their vote will count,” he said.

The proposed sales tax, if allowed to remain on the passed ballot, would generate millions of dollars annually for the Miami-Dade Homeless Foundation and domestic violence centers. Currently, 32 of Miami-Dade County’s 35 cities participate in the tax.

“We know from public opinion polls, from Miami Beach data, that Miami Beach residents are extremely concerned about homelessness,” said foundation chairman Ron Book.

Book believes the additional funds will go a long way toward addressing homelessness in the community. However, he stressed that the decision should ultimately rest with residents.

“I respect their opposition to the tax,” he said. “It was about giving voters a binding opportunity to approve it.”

Miami Beach Mayor Stephen Miner responded to the commission’s actions and subsequent injunction.

“It’s part of the system and it’s their prerogative,” Miner said. “I’m interested to know what the solution will be.”

If the court grants an injunction, the election will continue and the votes already cast will be counted.

If the resolution remains in effect, the county will be required to post notices at voting booths informing voters that the question has been rescinded. An emergency hearing is expected in the next few days and updates will be provided as the situation develops.