Supreme Court declines to hear Carollo’s appeal in Ball & Chain suit. Trial looms
Miami Commissioner Joe Carollo has again been denied an appeal in a legal case that has stalled for years and cost taxpayers more than $400,000 — this time by the U.S. Supreme Court.
The court’s decision ends Carollo’s long string of appeals and sets the stage for a trial in a civil case in which Little Havana businessmen accuse Carollo of siccing code enforcement on them as retaliation for supporting one of Carollo’s opponents in the 2017 city election. The trial is set to begin in federal court in April 2023.
In a lawsuit filed in 2018, Bill Fuller, co-owner of Ball and Chain, and business partner Martin Pinilla contend that Carollo violated their free speech rights by pushing the city to find code violations on properties owned by Fuller and Pinilla after they hosted a campaign event for Alfonso “Alfie” Leon, who ran against Carollo in 2017.
Carollo has gone to unusual lengths to identify violations at properties owned by Fuller and his associates. He’s embarked on late-night stakeouts to find violations related to the club’s valet parking operation, blasted Fuller on Spanish-language radio and lobbed thinly veiled insults at Ball & Chain and affiliated businesses during public meetings.
Carollo has defended his overnight excursions but denied wrongdoing. City taxpayers have funded his legal defense to the tune of almost $459,000, according to Miami New Times.
The Supreme Court declined to hear Carollo’s appeal of a lower court’s decision that he is not entitled to special legal protections for public officials who are sued for actions they take while doing their jobs, a legal concept called “qualified immunity.” Carollo and his attorney, Benedict Kuehne, filed appeals at every level of court before a trial could begin.
“The commissioner is growing ever more desperate in his attempts to avoid a trial in this matter,” said Jeff Gutchess, Fuller’s attorney, in a written statement. “One magistrate judge, two district court judges, three federal appellate judges, and now the U.S. Supreme Court have all unanimously rejected Carollo’s attempts to avoid taking the witness stand before a trial of Miami-Dade jurors. “
Kuehne said the commissioner is disappointed the Supreme Court declined to consider the appeal.
“Commissioner Carollo remains confident he will prevail in this baseless lawsuit brought by local business owners who continue to refuse to comply with the laws applicable to all business owners in the City of Miami,” said Kuehne, in a written statement. “Commissioner Carollo shall continue to fulfill the mandate of the City of Miami and his duties as an elected representative by protecting the health, safety and welfare of the citizens of the City of Miami. He will not alter his service to the community merely because of threats and attacks by those who demand special treatment.”
This story was originally published October 4, 2022 at 2:35 PM.
