MIAMI BEACH, Fla. – A day after Miami Beach commissioners voted to rescind a question on the November ballot about authorizing a 1% food and beverage tax for homelessness — just days before the election — a lawsuit has been filed on behalf of several Miami Beach residents seeking to have their votes count.
“The city commission’s decision was shocking and truly unprecedented,” attorney Jerry Greenberg, with the firm Gelber Schachter & Greenberg said.
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 has filed an emergency injunction to reverse the actions taken by city leaders regarding the ballot item.
“It is seeking an injunction that requires the election to go forward, that invalidates the city’s actions and also makes clear to voters that their vote will count,” he said.
The proposed sales tax, if allowed to remain on the ballot passed, would generate millions annually for the Miami-Dade Homeless Trust and domestic violence centers. Currently, 32 out of the 35 cities in Miami-Dade County participate in this tax.
“We know from polling, we know from data on Miami Beach, that the residents on Miami Beach are extremely concerned about homelessness,” the trust’s chairman, Ron Book, said.
Book believes the additional funds would significantly help in addressing homelessness in the community. However, he emphasized that the decision should ultimately rest with the residents.
“I respect their opposition to the tax,” he said. “This was about giving the voters a binding opportunity to approve it.”
Miami Beach Mayor Steven Meiner reacted to the commission’s actions and the subsequent injunction filed.
“It is part of the system and that is their prerogative,” Meiner said. “I’m interested in seeing what the decision will be.”
If the courts grant the injunction, the election will proceed, and the votes already cast will be counted.
If the resolution remains, the county will be required to post notices inside voting booths informing voters that the question has been rescinded.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.