MIAMI – There may be more trouble brewing for embattled Miami Commissioner Joe Carollo.
The two businessmen who won a multi-million dollar verdict in a federal civil trial against Carollo now want him out of office.
In a newly filed lawsuit, Bill Fuller and Martin Pinilla — owners of the popular Ball & Chain nightclub — are asking the courts to remove Carollo from office, arguing he “forfeited his right to office,” after violating their First Amendment rights.
The suit cites Miami’s “Citizens’ Bill of Rights” under its city charter. Fuller and Pinilla noted that it states the city “shall not interfere with the rights…of freedom of speech” and that any “public official, or employee who is found by the court to have willfully violated this section shall forthwith forfeit his or her office or employment.”
During the trial, Fuller and Pinilla claimed Carollo had a personal vendetta against them because they supported his political opponent.
Miami City Attorney Victoria Mendez responded to the motion in a statement Wednesday morning.
“The federal case against Commissioner Carollo is still pending post trial motions and an appeal,” Mendez said. “This is yet another effort by plaintiffs in that case to harass sitting Commissioner Carollo and force the City of Miami to continue spending tax payer funds unnecessarily to defend itself against the plaintiffs’ unlimited resources and serial lawsuits. The plaintiffs lack standing for this type of action and it is not ripe due to the pending appeal.”
Carollo has been ordered to pay more than $60 million in damages.
Last week, a federal court ordered U.S. Marshals to seize all that money in assets from the commissioner.
Read the complaint: