—– Original Message —–
From:
Sent: Fri Jan 04 22:02:58 2008
Subject: Allowing One Candidate: Tony Ortiz to be placed on the City of Orlando Ballot
This Case is different from the first suit!
This Lawsuit is an action to have a court rule on the Legality of Allowing One Candidate: Tony Ortiz to be placed on the City of Orlando Ballot and NOT Allowing Tim Adams to be placed on the ballot, when BOTH were ruled by the City Clerk of Orlando to NOT Live in their District for one year and be a registered Elector in that District for that year.
The Rulings are inconsistent with the Claimed ‘ Interpretation ” of the Legislative intent that the Orlando City Clerk Claimed in the State of Florida Court, and Should be Challenged in a Court that will allow a hearing on the Disparate Treatment Suffered By Tim Adams to his detriment and the Obvious, Glaring Allowance of Buddy Dyer’s Hand-Picked Candidate Tony Ortiz to be included on the ballot, Discriminately!
This Court Case Differs from the Previous Case that Focused upon interpretation of the Legislative intent of the City Council; AFTER the Referendum of 2004 that CHANGED Drastically the Rules of Candidacy for the 2008 Elections in the City of Orlando.
Also, the Difference is that: The Federal Lawsuit will Focus on the Disparate treatment and DAMAGES for
Racial Discrimination that has been suffered by Tim Adams, Who Did Actually Live in the city of Orlando For the Past Year and has been Denied the SAME Placement on the Ballot that Tony Ortiz Received even though it was Widely Known and Admitted by the Orlando City Clerk that Tony Ortiz DID NOT Live in The District that She Placed him on the Ballot to Seek Election to, as a City of Orlando Commissioner.
That was and is Racist, Discriminatory, and And Disparate Treatment and is Illegal under Florida And United States Voting Rights Act Laws, Rulings and Court cases.
While Some of these Issues were raised in the PLEADINGS of the State Court Case; these issues WERE NOT Ruled UPON or allowed into the Hearings as Arguments on the Merits of the Discrimination and Racially Motivated Treatment that Tim Adams Suffered from Orlando City Clerk Alanna Brenner and
May Ann Downs from November 14, 15, 16 and continuing.
Thank you for your Consideration and Please Allow any clarifications that are needed, to be made. Tim Adams [email protected]
________________________________
Subject: UNITED STATES DISTRICT COURT MIDDLE DISTRICT of FLORIDA and CONCURRENTLY IN the UNITED STATES DISTRICT COURT MIDDLE DISTRICT of FLORIDA and CONCURRENTLY IN the District Court FOR THE DISTRICT OF COLUMBIA
United States ex rel. )
Civil Action No.__________)
First Complaint Tim Adams United States Citizen,
Complaint and Jury Demand
Tim Adams, 6252 Millennia Blvd. Suite 204, Orlando, Fl 32804 – Adams
Date Received January ____________ 2008
Complaint filed Under Seal pursuant to 31 U.S.C. ‘3730(b) (2)
BRINGING THIS ACTION ON BEHALF) OF Tim Adams and on Behalf of THE UNITED STATES OF AMERICA)
In Care Of: C/o Roscoe C. Howard, Jr., or the Successor U. S. Attorney, in the United States Attorney) Judiciary Center Building,) 555 Fourth Street, NW,)
Washington, 20530 c/o John Greene)
Voting Rights Chief of the U. S. Department of Justice,
United States District Court
And) Notice to U. S. Attorney General
c/o) In Care Of: Attorney General of the United States
U.S. Department of Justice
10th and Constitution Avenues, N.W. Washington, DC 20530
Vs.)
Defendants,)
JOHN H. BUDDY DYER, ALANA BRENNER, MAYANN DOWNS,
ET AL, AND CO CONSPIRATORS,
400 South Orange Avenue -Avenue
Orlando, Fl 32801
And
ALL UNNAMED and PERTINENT CITY OF ORLANDO EMPLOYEES, @ 400 South Orange Avenue –AVENUE PUBLIC PAID EMPLOYEES –
Also Defendants: The Publicly Paid Employees –
Co-Conspirators and Elections Officials,
Cons pirating Officials, Appointees of Buddy Dyer and the
Appointees Charged with Elections duties;
City of Orlando Clerks’ Office personnel;
2. ) PERTINENT CITY OF ORLANDO EMPLOYEE, @ 400 South Orange Avenue -AVENUE CITY OF ORLANDO PUBLIC PAID EMPLOYEES –Elections Offices Employees of the CITY OF ORLANDO, @ 400 South Orange Avenue
CITY OF ORLANDO PUBLIC PAID EMPLOYEES –
(A FLORIDA Corporation))
FIRST COMPLAINT
This is a qui tam action under 31 U.S.C. Sec. 3729, et al. of the False Claims Act filed by Relator/Plaintiff Tim Adams, United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Official, in the name of the United States Government and to recover damages, penalties and damages arising from Defendants’ (CITY OF ORLANDO and the city’s Non- COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION — et.al.) violations of federal requirements concerning contracts with agencies of the United States Department of Housing and Urban Development and any and all other United States Departments found to have been so violated.
The Voting Rights Act, adopted initially in 1965 and extended in 1970, 1975, and 1982, is generally considered the most successful piece of civil rights legislation ever adopted by the United States Congress. The Act codifies and effectuates the 15th Amendment’s permanent guarantee that, throughout the nation, no person shall be denied the right to vote on account of race or color. In addition, the Act contains several special provisions that impose even more stringent requirements in certain jurisdictions throughout the country.
Adopted at a time when African Americans were substantially disfranchised in many Southern states, the Act employed measures to restore the right to vote that intruded in matters previously reserved to the individual states. Section 4 ended the use of literacy requirements for voting in six Southern states (Alabama, Georgia, Louisiana, Mississippi, South Carolina, and Virginia) and in many counties of North Carolina, where voter registration or turnout in the 1964 presidential election was less than 50 percent of the voting-age population. Under the terms of Section 5 of the Act, no voting changes were legally enforceable in these jurisdictions until approved either by a three-judge court in the District of Columbia or by the Attorney General of the United States. Other sections authorized the Attorney General to appoint federal voting examiners who could be sent into covered jurisdictions to ensure that legally qualified persons were free to register for federal, state, and local elections, or to assign federal observers to oversee the conduct of elections.
Congress determined that such a far-reaching statute only in response to compelling evidence of continuing interference with attempts by African American citizens to exercise their right to vote. As the Supreme Court put it in its 1966 decision upholding the constitutionality of the Act:
Congress had found that case-by-case litigation was inadequate to combat wide-spread and persistent discrimination in voting, because of the inordinate amount of time and energy required to overcome the obstructionist tactics invariably encountered in these lawsuits. After enduring nearly a century of systematic resistance to the Fifteenth Amendment, Congress might well decide to shift the advantage of time and inertia from the perpetrators of the evil to its victims.
South Carolina v. Katzenbach, 383 U.S. 301, 327-28 (1966).
THE PARTIES INVOLVED
1. Plaintiff, Tim Adams United States Citizen, U. S. Veteran, A 2004 through 2007 Public Elected Official of Florida,
# 1350 West Colonial Drive West Side suite -A –
Orlando, Fl 32804 – Adams Suite
During the Period; November 16, 2007, through the present date, September tenth, 2007, was a Duly Qualified Elector in the City of Orlando, Florida
And Qualified with Federal VOTING Rights Protection Based upon Pertinent Legislation, and Former -District Supervisor, of Florida.
Have Control over City Clerks Budgets and City Clerks Resources that have been Blatantly Stolen Converted, Fraudulently used, disposed of, removed and provided for The PRIVATE — — USE of MayAnn Downs, John H. Buddy Dyer, and other certain Pertinent City of Orlando Employees, @ 400 South Orange Avenue -., under False and misleading Pretenses Perpetrated by Alanna Brenner and MayAnn Downs, along with their Assigns agents and co-conspirators.
2) The following entities as co-conspirators, and affiliates that are controlled by the Named Personal Defendants, before during and after November 14, 2007: and during November 16, 2007 until the present date.
MayAnn Downs has been acting in Concert With John Buddy Dyer,,
Alanna Brenner and her co-conspirators – Florida Supervisor of Elections, Alanna Brenner and her co-conspirators – Florida Supervisor of Elections, and Alanna Brenner as The City Clerk, acting under state laws, rules and ordinances, in an unlawful manner By the actions of these City of Orlando, Florida Officials; MayAnn Downs operates and Controls Pertinent City of Orlando Employees, @ 400 South Orange Avenue -., et al, along with its officers, directors and assigns.
MayAnn Downs in Concert with John Buddy Dyer,, Pertinent City of Orlando Employee, @ 400 South Orange Avenue -., et al
– A Florida Municipal Corporation;
3. Defendant MayAnn Downs Operated out of 2004 – 2007 the Publicly Owned Buildings with full privileges of a City of Orlando Attorney -Manager unlawfully, and barred the Plaintiff from Using the City of Orlando Voter Qualifying Services in a Racially Discriminative manner By the actions of these City of Orlando, Florida Officials.
4. Defendant Pertinent City of Orlando Employees @ 400 South Orange Avenue -. and its officers assigns and affiliates, did intentionally and unlawfully deprive the Plaintiff of Resources that are owned and supplied by the Citizens of The City of Orlando, Florida in a Racially Discriminative Manner By the actions of these City of Orlando, Florida Officials, in a Blatant and obvious manner By the actions of these City of Orlando, Florida Officials.
5. The Defendants are hereinafter collectively referred to as
“MayAnn Downs in Concert with John Buddy Dyer,, Pertinent City of Orlando Employee, @ 400 South Orange Avenue -., et al, with
Pertinent City of Orlando Employee, @ 400 South Orange Avenue,
A Florida Corporation and its OFFICERS and Conspirators, assigns and agents, et al,
JURISDICTION AND VENUE
6.) Plaintiff, Tim Adams, United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Officials, hereby alleges causes of action under 31 U.S.C. sections 3729 ET. Al. of the False Claims Act, arising from Defendants’ contracts with agencies of the United States Government:
The City of Orlando, Florida, United States Department of
Housing and Urban Development,
Equal Employment Opportunity Commission,
The United States Treasury Department and its office of Civil Rights.
Alanna Brenner, Alanna Brenner, and Other Officers, Agents and Managers of The City of Orlando, Florida , did act in concert to deprive the Plaintiff of his constitutional and statutory rights of Equal Access, Equal Protection, and Due Process Rights, as guaranteed by the United States Constitution and the Constitution of they State of Florida.
7.) upon information and belief, Plaintiff, Tim Adams, who is a United States Citizen, an Honorably Discharged U. S. military Veteran, and a Former 2004 through 2007 – Florida State Elected Official, is the original source of all the allegations contained in this First Complaint.
8.) Upon information and belief, there has been limited 2004 – 2007 Public disclosure of the allegations contained in this first complaint.
9.) Jurisdiction over all stated causes of action is conferred upon this Court by 31 U.S.C. Section 3732 and 28 U.S.C.
Section 1331 in that this action arises under the laws of the United States and jurisdiction over Count III is also conferred by 31 U.S.C Section 3730 (h) and Section 1981 of the United States Code and the Constitution of the United States.
10.) The Defendants are in the business of providing services to Citizens of the U.S. and the City of Orlando, Florida, -and with the support and Funding of the United States Government through its Agencies, agents and Assigns; And it’s, the United States Housing and Urban Development Department, And United States Department of Justice, and its affiliated Agencies, and The Defendants, The City of Orlando, Florida Municipal Corporate Government including its Mayor Buddy Dyer, Managers such as Alanna Brenner, City Clerk. Conduct business through Lobbyists, and Grant Proposal drafters, in Washington, DC. , and Orlando, Florida, and Venue Lies in BOTH DISTRICTS.
11.) Defendants, ALANNA BRENNER, MAYANN DOWNS, ALANNA BRENNER ass the city Clerk of Orlando, Florida, Conducted these unlawful actions from City of Orlando Government -under color of Florida State Laws and United States Laws; from 400 South Orange Avenue -Avenue, Orlando, and Fl 32801.
12.) a.) These actions were and are Subject to the Statutory Administrative Oversight of the United States Secretary of Department of Justice, Voting Rights Section -,Appointees of Buddy Dyer; et al,
13.) Venue and jurisdiction are proper in the United States District Court, Washington, D.C. pursuant to 28 U.S.C. Section 1391(c) and 31 U.S.C. Section 3732 as the Defendants are a group of organizations and persons subject to personal jurisdiction in Both Orlando, Florida and in Washington, DC.
STATEMENT OF FACTS
14.) The allegations contained in the paragraphs numbered 1-14 are hereby re-alleged and set forth fully as above.
14. ) The Defendants and Pertinent City of Orlando Employees, @ 400 South Orange Avenue -Avenue Council have secured Contracts using False, Misleading Claims of MayAnn Downs to Secure Contracts illegally for the Past Three Years.
15. ) Defendants, JOHN H. BUDDY DYER, ALANNA BRENNER, MAYANN DOWNS, ET AL, AND CO-CONSPIRATORS, 400 South Orange Avenue -Avenue Orlando, Fl 32801.
Supplied the ability of MayAnn Downs to utilize false Claims of theirs -Standing as an Official City of Orlando Government -, Florida, When Alanna Brenner Knew Full Well that MayAnn Downs was Not acting in good faith.
16.) Upon information and belief, MayAnn Downs’s compensation was based, at least in part, upon the Denial of the Civil Rights, and Voting Rights of Tim Adams to Serve the Citizens of Orlando, Including but not limited to African American Citizens and Voters.
17.) The Agencies of the United States Department of Department of
Justice, Voting Rights Section – and its Guarantees of the
Department of Justice, Voting Rights Section -.
18.) Tim Adams a United States Citizen, U. S. Veteran, A 2004 through 2007 Elected Official, Tim Adams, Himself, and the 131,000 plus Voters who elected Tim Adams, have expressed that these citizens want to be involved in, and support, the U.S. Department of Department of Justice, Voting Rights Section -’s EQUAL PROTECTIONS under th Laws of the United States.
Whereas the United States Department of Justice, Voting Rights Section -Programs efforts in Florida have been historically invoked to respond to actions of Officials such as:
Alanna Brenner and her co-conspirators -, Florida Supervisors of Elections and Others involved in this case:
19.) Tim Adams, Himself, and the 131,000 plus Voters who elected Tim Adams, and Supporters have been deprived of Voting Rights, by the exclusion of Tim Adams a Qualified Voter and lector in the city of Orlando For more than Forty Years including all of the Year 2007.
20.) The Office of Mayor of Orlando, with which Tim Adams, Himself, and the 131,000 plus Voters who in 2004 elected Tim Adams, to a county-Wide Post; knew Tim Adams to be active in the Voting Rights Reports Section regarding the -City of Orlando’s Non-Compliance with Federal VOTING Rights Legislation – efforts of the United States and the State of Florida for many years.
21.) Tim Adams, United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Officials was apparently an attractive candidate to the city of Orlando Voters -.
21.) Tim Adams, Himself, and the 131,000 plus Voters who elected Tim Adams, obtained training, after his 2004 – 2007 Public Election, were denied equal protection of the Laws of the City of Orlando, The State of Florida and of the United States.
22.) Tim Adams United States Citizen, U. S. Veteran, Elected Official, was denied use of the Office Services of the City Clerk, By MAYANN Downs, Alanna Brenner and John Buddy Dyer, at 400 South Orange Avenue and City attorneys Offices off-Site -that The City of Orlando, Florida Owned and Allowed European Americans to use.
23.) Tim Adams is a United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Officials to serve as a duly elected supervisor
24.) Tim Adams, United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Official would be paid and would earn One Hundred Fifty Thousand Dollars, per year in United States money as duty pay for the Position of Mayor of Orlando, For Four Years.
25.) Tim Adams, United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Officials:
Shows that Because of the relief requested, Defendant Alanna Brenner is the only proper party-defendant to the mandamus action requested in this Temporary Restraining Order.
26.. ) Initially, Tim Adams, United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Official, Became aware of the FALSE Claims of MayAnn Downs during November 14, 15, and Sixteenth, 2007.
27.) Tim Adams, United States Citizen, U. S. Veteran, –
Moves this Court for a Temporary Restraining Order regarding the
Election of the Office of Mayor of Orlando, Florida Due to Racial Discrimination in the Candidate Qualifying Process.
28.) Tim Adams, Himself, and the 131,000 plus Voters who elected Tim Adams, did not have access to the appropriate and complete information as did candidate Tony Ortiz in the Qualifying Process and this constituted Racial and ethnic Discrimination by Alanna Brenner. On its face;
29.) The City of Orlando and its City Clerk, City Attorney and Mayor have all Known for many months, that Tony Ortiz did not live in and was not a registered Elector for the One Year period before the January 29, 2008 Election and Said persons ordered that Tony Ortiz be placed on the Orlando City Elections Ballot Despite this knowledge, while denying the SAME Treatment and Benefit to Tim Adams Due to Discriminatory, Racially Motivated Intent on the Part of Buddy Dyer and all of the additional City of Orlando Personnel that were privy to the information.
30.) The City of Orlando’s Non- Compliance with Federal Voting Rights Legislation Requires that a Temporary Restraining Order be invoked upon the Elections Officials of the City of Orlando, until a Thorough Federal Investigation is Completed;
31.) In November of 2007, Tim Adams, United States Citizen,
U. S. Veteran, 2004 – 2007 Public Elected Official was Discriminated against and was not allowed to be listed on the Election Ballots of the City Of Orlando by Workers who serve at the Pleasure of John Buddy Dyer, an Opponent in the election: These Persons Work in the 400 South Orange Avenue and City attorneys Offices off-Site -Street Building, of the City of Orlando Compliance with Federal VOTING Rights Legislation
32.) Evidence in the case includes: this signed statement of:
December 20, 2007}
=======================
Statement of Residential Status
This is to Certify that I, – Ms. Trina Palmer
Of the Residential address:
Orlando, Florida 32804 – Adams, has lived at this address for more than one year as of December Twentieth, 2007.
I have observed and Witnessed that Tim Adams, Lives in Unit Number 204 of 5262 Millennia Boulevard for the Past twelve months, including all of December, 2006 and the month of January 2007…
I was made aware of his application to Qualify for the Position of Mayor of Orlando, by observing his appearances on television stations recently, and I spoke to him to let him know that I have noticed that he has lived in the same building as I do and my family members live as well.
It is for these reasons, and of my own free will, that I attest to the fact that Tim Adams Lives in the
The information is provided voluntarily and for no other reason than to establish the truth.
Further, Affiant Says Nothing.
/S. / ……………………………………
Orlando, Florida 32804 – Adams
Florida Identification Number: ____ P 456801778760
………………………………………………………………………………
WITNESS: Ms. Betty Young, Ms. C. Smith of Unit # 202
………………………………………………………………………
Orlando, Orange County, Florida 32804 – Adams
——————————————————————————————
30.) The City of Orlando Failed in its duties to provide Reports that was due to be provided to the United States department of Justice in compliance with FEDERAL VOTING RIGHTS LEGISLATION.
31. ) In factual consideration of past discrimination by the
“City of Orlando Compliance with Federal VOTING Rights Legislation -report of the United States Government Department of Department of Justice, Voting Rights Section;
32.) Those actions of the City Clerk of the City of Orlando Should be enjoined due to the Racially Disparate Treatment provided to Buddy Dyer and Tony Ortiz over the objections of and detriment to Honorable Tim Adams, a 2004 through 2007 Duly Elected Florida State Official who won more than One Hundred Thousand Votes and is a very Attractive Candidate for Mayor of Orlando, Florida at this time.
33.) These actions were historically used on Arthur Kennedy, the First African American Elected Official and on Homer Hartgage, the Candidate for Mayor in recent elections, as well as upon Ken Mulvaney in the recent City of Orlando Mayoral Elections on two occasions to prevent the above named Persons from being Placed upon the City of Orlando Ballots illegally and with racially and National Origin Discriminatory intentions of the Officials of the City of Orlando, Florida.
34. ) Tim Adams has been Racially Discriminated against by Alanna Brenner the City Clerk and Employee of John H. Buddy Dyer and Directed and controlled Expressly By Buddy Dyer, who has caused the racially Motivated Actions that are complained of in this Complaint to be carried out for Racially Motivated Reasons in order to Suppress and Control the African American Vote of the City of Orlando and Deny Tim Adams the opportunity to Become a Qualified Candidate by Buddy Dyer and Alanna Brenner Using Racially Motivated illegal tactics and strategies that are and were unlawful and unconstitutional deprivations of Equal Protection and Due Process Rights of Tim Adams plaintiff in this case.
35.) The actions to deny Tim Adams his Voting Rights occurred primarily at the 400 South Orange Avenue and City attorneys Offices in several off-Site -buildings.
36.) The City hall building involved in this action included five rooms allotted to Alanna Brenner, the Conference Room, the Office of MayAnn Downs, and several also involved Non-Employee of the City of Orlando, Florida:
37.) Services of the City of Orlando Florida City clerk -City of Orlando Compliance with Federal VOTING Rights Legislation -Employees.
38.) Their Site of the Discrimination included The Clerk’s Office of Orlando and the building is the Administration Building of the City of Orlando Government -that was and is used by Alanna Brenner and her co-conspirators –
39.) Further, as a factual matter, Plaintiff never “agreed” with Defendant’s erroneous interpretation of Section 1-1(e). Rather, Plaintiff sought to have Defendant qualify Plaintiff, despite Defendant’s mis-interpretation of that Section.
29.) 40.City of Orlando elections Related Employees, Subjected on this Situation with Honorable Tim Adams, Himself, and the 131,000 plus Voters who elected Tim Adams, did not have access to the appropriate and complete information as did candidate Tony Ortiz in the Qualifying Process and this constituted Racial and ethnic Discrimination by Alanna Brenner. On its face;
30.) The City of Orlando and its City Clerk, City Attorney and Mayor have all Known for many months, that Tony Ortiz did not live in and was not a registered Elector for the One Year period before the January 29, 2008 Election and Said persons ordered that Tony Ortiz be placed on the Orlando City Elections Ballot Despite this knowledge, while denying the SAME Treatment and Benefit to Tim Adams Due to Discriminatory, Racially Motivated Intent on the Part of Buddy Dyer and all of the additional City of Orlando Personnel that were privy to the information.
31. ) Plaintiff, who had to put up with hours of grilling (without benefit of his own counsel) by three attorneys (Defendant, City Attorney Mayanne Downs, and a City staff attorney), each apparently bent on finding any reason not to qualify him, was put in the position of making a case for why he felt he complied with Defendant’s already-existing misinterpretation of Section 1-1, of the City of Orlando’s Ordinances which were and are Facially Discriminative and Subjective, rather than Objectively Promulgated on its Face and in its Racially Motivated Application by Former and Present City of Orlando Employees and City Clerk Personnel, who serve at the Pleasure and Direction of John H. Buddy Dyer the Current Mayor of Orlando, who is a Co-Conspirator to this action.
32. ) The many computers that are used in the City of Orlando in its reports of Compliance with Federal VOTING Rights Legislation -Services were used and are important to the Office of Mayor of Orlando as a link to the U.S. CITY OF ORLANDO COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION -Efforts.
33.) City of Orlando’s Non-Compliance with the Voters Rights Act is rampant Blatant and conspicuous actions to deprive African American Citizens Such as the Plaintiff Tim Adams of their Federal Rights.
35.) This First African American Elected County-Wide District Board Chairman was discriminated against and treated
In a racially discriminatory manner; by Alanna Brenner in November, December 2007 and January 2008 in his Qualifying for the Office of Candidate for Mayor of Orlando, Florida.
36.) The City of Orlando, Florida and its City clerk have Denied Tim Adams Plaintiff of his constitutionally protected rights under the Doctrine of Candidates Rights expressed by Florida Courts including and Not Limited to: Cases that Fully Show that While Plaintiff agrees that “legislative intent” is such a general rule, there is a much more specific rule which should be used by courts in construing statutes which restrict eligibility for office.
44. ) That more specific rule is to strictly construe such statutes in favor of eligibility, resolving all doubts or ambiguities in favor of eligibility, and denying eligibility only if the statute in question expressly does so – the result being that the will of the voters, not the judiciary, should decide the question of who will hold public office:
“It has been stated that there is a presumption in favor of eligibility of one who has been chosen and elected or appointed to public office, and that a strong public policy exists in favor of eligibility for public office.
Thus the imposition of restrictions upon the right of a person to hold public office should receive a liberal construction in favor of the people exercising freedom of choice in the selection of their public officers, and statutes declaring qualifications are to receive a liberal construction.
Or, as sometimes stated, the right to public office, or any constitutional or statutory provision which restricts the right to hold office, must be strictly construed against ineligibility, and statutory and constitutional provisions which tend to limit the candidacy of any person for public office must be construed in favor of the right of the voters to exercise their choice and should be construed strictly and not extended to cases not clearly covered thereby.
44.) In Florida it is well settled that: A Discrepancy in the Laws, Rules Ordinances should be settled in favor of adding candidates to a Ballot.
If there is any doubt or ambiguity in the applicable provisions, such doubt or ambiguity must be resolved in favor of eligibility. …” (Emphasis supplied). 63C Am.Jur.2d Public Officers and Employees, Section 53 (“Presumption in favor of eligibility; construction of eligibility restrictions”).
45.) This specific rule of construction favoring “ballot access” by potential candidates has been reiterated by several court decisions here in Florida.
For example, in the case of Viera v. Slaughter, 318 So.2d 490, 491-92 (Fla. 1st DCA 1975) (Viera), the First District stated it as follows:
[1] The right of a candidate for public office is a valuable right and no one should be denied this right unless the Constitution or applicable valid law expressly declares him ineligible.
“[2] The imposition of restrictions upon the right of a person to hold public office should receive a liberal construction in favor of the people exercising freedom of choice in the selection of their public officers.
More specifically it is well established in Florida Courts that:
“If there be doubt or ambiguity in the provision, the doubt or ambiguity must be resolved in favor of eligibility.” (Citations omitted and emphasis supplied).
46.) In the case of Ervin v. Collins, 85 So.2d 852, 858 (Fla. 1956) (Ervin), the Florida Supreme Court stated it as follows:
“Even if there were doubts or ambiguities as [Governor Collins’] eligibility, they should be resolved in favor of free expression of the people …
It is the sovereign right of the people to select their own officers and the rule is against imposing disqualifications to run.
The lexicon of democracy condemns all attempts to restrict one’s right to run for office. …
Florida is committed to the general rule in this country that the right to hold office is a valuable one and should not be abridged except for unusual reason or by plain provision of law.” (Emphasis supplied).
Earlier in that opinion, the Supreme Court made several other statements pertinent here:
“[2] [3] we are called on to construe the terms of the people, and we are to effectuate their purpose from the words employed in the document. We are not permitted to color it by the addition of words or the engrafting of our views as to how it should have been written.” (Emphasis supplied). Ervin, supra, at 855.
“To hold one ineligible to run for office where neither the Constitution nor the statute does so in express terms is contrary to every democratic precept.” (Emphasis supplied) Ervin, supra, at 856.
46.) The City of Orlando’s City Clerk Alanna Brenner has Violated the Voting Rights of Tim Adams and the Citizens who support Candidate Tim Adams in a Very adverse and Damaging Manner that was and is Unlawful, discriminatory and racist on its face and Blatantly Discriminatory.
47.) CITY OF ORLANDO’ S Non- COMPLIANCE with Laws of Florida, Rulings of the Florida Supreme Court, the Federal courts of Florida and the United States Supreme Court are Rampant, Racist and Discriminatory on their Face and are especially Blatant notorious and Racist in this Case.
x. More recently, in the case of Reform Party of Florida v. Black,
[885 So.2d 303 (Fla. 2004) (Black), the Florida Supreme Court decided the issue of whether to allow Ralph Nader on the 2004 presidential election ballot.]
Various citizens had successfully brought an action at the trial court level to remove his name from the ballot.
They asserted Nader was not a “minor party” candidate entitled to have his name printed on the ballot under Section 103.021(4) (a), Florida Statutes. They sought to have his name removed from the ballot.
x. The case also came down to a question of statutory interpretation.
x. The Supreme Court construed the statute in question in favor of having Nader’s name printed on the ballot.
x. In doing so, the Court cited and quoted its prior decision in Ervin as holding that, absent an “unusual reason or by plain provision of law,” a candidate should not be denied the right to run for office and to have his name printed on the ballot. Black, supra, 885 So.2d at 312.
x. The Black court went on to quote with approval the following excerpt from the First District’s opinion in Smith v. Crawford, 645 So.2d 513, 520 (Fla. 1st DCA 1994) – “the law requires judges to resolve doubts about qualification of a political candidate in favor of the candidate.”
x. In short, while “legislative intent” is a general rule of statutory construction, there is a much more specific rule of construction applicable to statutes “ballot access” of potential candidates and thereby also restricting the people’s right to choose their elected officials.
Put simply, under that much more specific rule, unless Section 1-1(e) expressly disqualifies Plaintiff; his name should be printed on the January 29, 2008 ballot.
x. As for whether Section 1-1(e) expressly disqualifies Plaintiff, Section 1.1(e) (“Requirements for Qualification as Candidate for Office of Mayor-Commissioner or City Commissioner”) of Chapter 2 (“Administration”) of the City Charter of the City of Orlando, Florida states, in pertinent part, that “Candidates qualifying for the January 29, 2008 general election … for the office of Mayor-Commissioner shall be required to have been a City resident and a bona fide elector on or before January 18, 2007 …”[1]
x. In her November 16, 2007 final decision letter (copy attached) disqualifying Plaintiff, Defendant states: “… Section 1-1 of Ch. 2 of the City Charter which requires that mayoral candidates for the 2008 election show proof to the City Clerk that they 1) have been City
Residents since on or before 1/18/07 and 2) been a registered elector of the City of Orlando since 1/18/07.” (Emphasis supplied).
. The key word present in Defendant’s November 16, 2007 letter disqualifying Plaintiff, but absent from the actual language of Section 1.1(e) is the word “since.”
x. Apparently, in disqualifying Plaintiff, Defendant read Section 1.1(e) as implying that the word “since” should be part of its requirements.
Specifically, in disqualifying Plaintiff, Defendant apparently read Section 1.1(e) as follows: “Candidates qualify for the January 29, 2008 general election … for the office of Mayor-Commissioner shall be required to have been a City resident and a bona fide elector [since] on or before January 18, 2007 …”
x. The importance of whether the word “since” should be implied into Section 1.1(e) is that, without factual dispute, Plaintiff was a “City resident and a bona fide elector on or before January 18, 2007.”
In fact, as sworn to in paragraph 8 of Plaintiff’s Amended Complaint, Plaintiff was born within the City at 222 North Westmoreland 64 years ago. Additionally, prior City Clerks qualified Plaintiff as a candidate for Mayor
Each such time it would have been necessary for Plaintiff to have been a resident and bona fide elector of the City in order to have been so qualified by prior City Clerks.
x. However, it is also without dispute that, on October 12, 2007, Plaintiff changed his registered voting address from an address in unincorporated Orange County to an address within the City of Orlando.
Therefore, it is undisputed that he has not been an elector of the City continuously since January 17, 2007, as was the Case for Tony Ortiz as well.
x. Put another way, while it is undisputed that Plaintiff was a resident and bona fide elector of the City at various times “on or before January 18, 2007,” it is also undisputed that he has not been a continuous City elector “[since] on or before January 18, 2007, and Neither was Tony Ortiz, whose Name does appear on the ballot.”
x. The issue of statutory facing this Court, therefore, comes down to whether there is an implied restriction in Section 1.1(e) that Plaintiff have been a continuous City elector “[since] on or before January 18, 2007,” rather than just the expressed requirement that he was a resident and bona fide City elector at some point “on or before January 18, 2007.”
Based on what is stated in Ervin, Viera, and Black, above, concerning the specific rule of construction applicable to statutes governing eligibility for public office, absent an express requirement in Section 1.1 that Plaintiff have been a registered elector in the City since “on or before January 18, 2007,” Plaintiff is entitled to be qualified as a candidate and to have his name printed on the January 29, 2008 ballot.
Defendant has failed to uniformly apply Section 1-1(e); Since Tony Ortiz’ Name is Placed upon the January 29, 2008 and Tony Ortiz Clearly Did NOT Live in the District two, On or before January 18, 2008…
x. Finally, in paragraphs “9” and “16.h.” of Defendant’s Response, Defendant asserts she has “uniformly” applied the provisions of Section 1-1(e).
That simply is not true.
Specifically, on November 1, 2007 she sent a letter (copy attached) to ask if on January 18, 2007 a series of mayoral candidates had been bona fide electors of the City and whether a series of commission candidates had been bona fide electors of the districts in which they proposed to run.
It is reputed that Mr. Ortiz is, again, Buddy Dyer’s choice to fill the District 2 City Commission seat.
Again, Ms. Brenner, the Defendant, is a political appointee of
Mr. Dyer’s. Some might argue that the pattern of Ms. Brenner’s interpretation and application of the requirements of Section 1-1 depends on whether [Buddy Dyer] wants a candidate to run for the office sought. Regardless of her motivation, Ms. Brenner is not “uniformly” applying 1-1.
As an aside, to the extent Section 1-1 can be read to empower Ms. Brenner to award “free passes” to potential candidates such as Mr. Ortiz, [and NOT to Honorable Tim Adams,] Section 1-1 is an unconstitutional delegation of legislative power.
Prior to the case of Florida Department of State, Division of Elections v. Martin, 916 So.2d 763 (Fla. 2005) (Martin), Section 101.253
(“When names not to be printed on the ballot”), Florida Statutes (2005), gave the Department of State unfettered discretion to allow a candidate to withdraw his name from the ballot within 42 days of an election.
The Florida Supreme Court ruled that the provision was an unconstitutional delegation of legislative authority.
Similarly, to the extent Section 1-1 can be read as granting Ms. Brenner unfettered discretion as to which candidates to qualify, Section 1-1 is unconstitutional.
48.) EMPLOYEES, INCLUDING U. S. DEPARTMENT OF DEPARTMENT OF JUSTICE, VOTING RIGHTS SECTION the agents of the city of Orlando,
Have failed in their duties to protect the rights of Tim Adams Plaintiff on this case.
49.) Tim Adams, Himself, and the 131,000 plus Voters who elected Tim Adams, was discriminated against by Alanna Brenner and MayAnn Downs.
50.) CITY OF ORLANDO employees discriminated against the
plaintiff – at the 400 South Orange Avenue and City attorneys Offices off-Site –Building used by Alanna Brenner and her co-conspirators -, Florida.
The procedures that were in place at the time of the Discriminatory actions were not applied uniformly to all candidates and Tim Adams had to produce items that other candidates were NOT made to produce that were not even pertinent to Qualifying for the Position of Candidate for the Position of Mayor of Orlando. Tony Ortiz Should NOT has been Placed on the January 29, 2008 ballot unless the Honorable Tim Adams was Placed upon the ballot also.
51.) It was generally understood by all CITY OF ORLANDO That Tony Ortiz DID NOT Live in District two one Year Prior to the January 2008 Elections.
52.) Based on this system, it has been possible for MayAnn Downs to use the City of Orlando Voter Qualifying process in a racially motivated manner.
53.) The City of Orlando Clerk, while – utilizing Florida Based-City of Orlando Voter Qualifying Subjective-based reasoning and Unconstitutionally based actions denied the Plaintiff of his State of Florida and United States Guaranteed Constitutional Rights to Due Process and Equal Treatment under the Florida And Federal Laws of this State and the United States of America.
54). Also upon information and belief, more such City of Orlando Voter Qualifying Services are being denied to Citizens who are African American With The Knowledge of the U.S. Department of Department of Justice, Voting Rights Section.
55.) Other administrators also knew of this Blatant City of Orlando Violations, such as the United States Attorney General and his Agents Assigns and Field Representatives who serve in the State of Florida.
56.) On information and belief, CITY OF ORLANDO Lack of COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION
57. ) The Attorneys for the City of Orlando have also Misused and Wasted Taxpayers Money to Defend Obvious Discriminatory Actions against the Will of the African American Citizens and Taxpayers, of the city of Orlando.
58.) The specific issues raised herein have been disclosed 2004 – 2007 Publicly, because the City of Orlando has Stonewalled Requests By Tim Adams under the Florida Public Records Laws and Denied him Public Access to Public Records…
59. ) .Upon Accurate and Available Information From News Workers; Tim Adams, United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Official’s efforts to gain a Ballot Position in the @008 Mayoral Election were discussed with Buddy Dyer, and Labor Union Officials and City Employees who Conspired to Deprive Tim Adams of his Right to Participate for the THIRD TIME as a Candidate for Mayor of Orlando, the City that he was Born in and has lived in for more than forty years with full knowledge of the city Clerk, and most of the City Officials.
60.) As a direct and proximate result of reporting these allegations,
of the CITY OF ORLANDO, and its LACK of COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION -RELATED – EMPLOYEES, INCLUDING U. S. DEPARTMENT OF DEPARTMENT OF JUSTICE, VOTING RIGHTS SECTION Tim Adams, United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Official has suffered adverse action and damages and is, therefore, entitled to all forms of statutory remedies to make him whole, pursuant to Section 3730(h).
61.) Therefore, Tim Adams, United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Official has suffered significant special damages and adverse action, as a direct and proximate result of discrimination from CITY OF Orlando’s Non – Compliance.
PRAYER FOR RELIEF
Wherefore, Tim Adams, United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Official on behalf of Himself, and the 131,000 plus Voters who elected Tim Adams and the United States Government prays:
a) That Relator/Plaintiff be awarded all relief necessary to make Himself, and the 131,000 plus Voters who elected Tim Adams, whole, pursuant to U.S.C 31 Section 3730 subsection (h) as a result of Himself, and the 131,000 plus Voters who elected Tim Adams, special damages including, but not limited to physical pain and suffering, and financial damages to be determined at trial as a result of his engaging in protected activity.
b) That Relator/Plaintiff is awarded all reasonable attorneys fees and costs, pursuant to 31 U.S.C. Section 3730 subsection (d) (1) (b) and subsection (d) (2).
c) That this Court enter a judgment against defendants in an amount equal to three times the amount of damages the United States Government has sustained because of defendants’ misrepresentations and fraudulent over counting practices
22) And any other false violations the defendant, City of Orlando Clerk Alanna Brenner and her Co-Conspirators made pursuant to regarding the Elections of 2008, in the United States Presidential Primaries, and the defendants with agencies of the U.S. Government, have violated Voting Rights that are protections of United States And Laws promulgated by the United States Congress; and made law for more than thirty nine years.
d) ….That this court enter a judgment against defendants in an amount equal to three times the amount awarded to the defendants under the Federal contracts that have been used by the city of Orlando for past three Years of the Buddy Dyer Administration and False Election to Mayor, and that these sums be provided for the Benefit of the Citizens and taxpayers of African American Descent who suffered from the racial Cleansing and Gentrification that Buddy Dyer has Masterminded at the Expense of these African American Taxpayers including Honorable Tim Adams, Former Chairman of the County-Wide Orange Soil; and water Conservation district of Florida. CITY OF ORLANDO’ with its LACK of COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION -RELATED – EMPLOYEES, INCLUDING U. S. DEPARTMENT OF DEPARTMENT OF JUSTICE, VOTING RIGHTS SECTION –
CITY OF ORLANDO Non- COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION – – services as to our knowledge, even at this time, the fraudulent counting practices are continuing,
e) That this court enter a judgment against defendants in an amount equal to three times the amount awarded to the defendants under the contracts for services from all United States Departments of government, to be used to rectify the Racial Cleansing and Gentrification of the Past Three Years by Buddy Dyer, MayAnn Downs and Alanna Brenner and other Co-Conspirators of the City of Orlando which has filed FALSE CLAIMS on order to obtain Millions of Dollars of Federal Contracts, and Grants in the Past Three Years, and with the Guidance of Buddy Dyer and of MAYANN DOWNS and Alanna Brenner – on behalf of CITY OF ORLANDO COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION.
e. ) Continued…. and other federally Paid Grants and contracts to public and private personnel, which the Plaintiff believes was procured using CITY OF ORLANDO, While out of COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION.
These Amounts were used in order to Gain Kickbacks to Buddy Dyer,
To: John Dyer III his son for the Purchase for CASH of Illegal Land Deals that amounted to Millions of Dollars of Stolen Taxpayers’ Moneys and that the Said Kickback Schemes involve, and include among others: Cameron Khun, Lou Pearlman and other Co-Conspirators in the Dyer Group of Actors, co-Conspirators and agents assigns and heirs of Buddy Dyer and John Dyer III.
e) That this court enter a judgment against the defendants in an amount equal to three times the amount awarded to the defendants under the contracts, Grants, Kickback Schemes with Cameron Khun Lou Pearlman, and David Dix the Bagman for the Operations to Defraud the United States and City of Orlando Governments; and for providing stolen Supplies, from the city of Orlando, Misused, inflated and misappropriated personal benefit, at City of Orlando Expenses; outside and staff attorney Fees, and Kickbacks regarding attorney Services that were actually in support of Buddy Dyers’ Political Campaign and in no way have Benefited the Citizens and Taxpayers of the city of Orlando, Nor the United States of America, now any other Citizens than those who are defendants and co-conspirators, here;
e.) These Defendants; with their Extremely and Falsely;
Highly- Inflated invoices, and Stolen Equipment Uses, from City Clerk Alanna Brenner, who supplied Copies and services to Buddy Dyer at Taxpayer Expenses that are purely for his political campaign and not for City of Orlando Business; and her co-conspirators – and U. S. Department of Department of Justice, Voting Rights Section – – which were not provided as stated above while stolen Supplies, Inflated invoices, and Stolen Equipment Uses, from Alanna Brenner and her co-conspirators – and U. S. Department of Department of Justice, Voting Rights Section – -were closed and or over counted with interest, including the cost to the United States Government for its expenses related to this action..
f) That this court enter a judgment against the defendants Buddy Dyer and Alanna Brenner, Mayann Downs and Cameron Khun, Lou Pearlman and David Dix, in an amount equal to three times the amount awarded to the defendants under the contracts and misused grant monies that were provided to the city of Orlando and Misused by this group, that were meant by the United States Government Agencies and Departments to be used for providing City of Orlando with Housing assistance to Needy residents and Citizens and instead was and is being Diverted instead to Defendants Business associates with Federal Tax Dollars; while the City of Orlando Remains in Non-Compliance with Federal VOTING Rights Legislation -and Irrigation Monitoring Services – and stolen Supplies, Inflated invoices, and Stolen Equipment Uses, from Alanna Brenner and her co-conspirators – and U. S. Department of Department of Justice, Voting Rights Section – – which were resold to the As FALSE CLAIMS of MAYANN DOWNS and Alanna Brenner – at inflated prices as detailed above with interest, including the cost to the United States Government for its expenses related to this
Action.
g) That this Court enter a judgment against the defendants in an amount equal to three times the amount awarded to the defendants under contracts to provide CITY OF ORLANDO COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION -RELATED – EMPLOYEES, INCLUDING U. S. DEPARTMENT OF DEPARTMENT OF JUSTICE, VOTING RIGHTS SECTION – CITY OF ORLANDO COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION – –
For their Parts in misusing City owned facilities, to raise Monies for Political Campaigns and Provided Grants to Political operatives and Groups, who took millions of Dollars of Tax Payers’ money with and by taking stolen Supplies, utilizing grossly Inflated invoices, and Stolen Equipment Uses, from Alanna Brenner and her co-conspirators – and U. S. Department of Department of Justice, Voting Rights Section – -, stolen Supplies, Inflated invoices, and Stolen Equipment Uses, from Alanna Brenner and her co-conspirators – and U. S. Department of Department of Justice, Voting Rights Section – – and As FALSE CLAIMS of MAYANN DOWNS and Alanna Brenner – using CITY OF ORLANDO COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION -RELATED – EMPLOYEES, INCLUDING U. S. DEPARTMENT OF DEPARTMENT OF JUSTICE, VOTING RIGHTS SECTION – CITY OF ORLANDO COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION – – City of Orlando’s Non-Compliance with Federal VOTING Rights Legislation.
Further, the City of Orlando Knowingly Misused its contractor personnel as to the Plaintiff’s knowledge many of the fraudulent activities ate ongoing therefore the Plaintiff seeks a civil penalty of $5,000 to $10,000 for each violation of 31 U.S.C. section 3729, including each individual false report of use of the CITY OF ORLANDO Non-COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION, and Use of Federal Grants and Contracts Monies awarded for Public Works Projects including the United States Department of Justice Homeland Security Monies that were and have been misused by the Buddy Dyer Employees of the city of Orlando, Florida during the Past thirty Six Months and counting.
e.) and use of any and all Public facilities, controlled by the city of Orlando: each meal charged which was not properly used, and each improper re-sale of a service, and each individual requisition for As FALSE CLAIMS of MAYANN DOWNS and Alanna Brenner – used for private persons and not for the CITY OF ORLANDO
h) That Relator/Plaintiff is awarded punitive damages in an amount to be determined by jury, which shall dissuade the defendant and others from similar action;
i) That the Relator/Plaintiff be awarded all costs incurred including reasonable attorney’s fees;
j) That in the event the United States Government continues to proceed with this action, the Relator/Plaintiff be awarded an amount for bringing this action of at least 15% but not more than 25% of the proceeds of the actions or the settlement of the claim;
k) That in the event that the United States Government does not proceed with this action, the Relator/Plaintiff be awarded an amount that the Court decides is reasonable for collecting the civil penalty and damages, which shall be not less than 25% nor more than 30% of the proceeds of the action or settlement;
l) That the Relator/Plaintiff be awarded pre-judgment and post judgment interest;
m) That a trial by jury be held on all issues;
m) That the United States Government and the Relator/Plaintiff receive all relief both at law and at equity, to which they may reasonably appear to be entitled.
JURY TRIAL DEMANDED
Respectfully Submitted,
____/s/____________ Tim Adams Plaintiff, Offices 1350
West Colonial Drive, Orlando, Fl 32804, Phone 321-229-6097
And any and all Legal Counsel for Tim Adams, for Tim Adams,
United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Official
Dated: December 24, 2007, 2007, and Revised on
Friday January 4, 2008
A Copy of the Foregoing Complaint is being served by United States Mail Service to:
Alanna Brenner City Clerk,
City of Orlando, Florida
ii) A Municipal Corporation of
The State of Florida
400 South Orange Avenue
Orlando, Fl 32801
________________________________
[1] A copy of Section 1-1 is included verbatim in Chief Assistant Amy Iennaco’s November 15, 2007 email to Plaintiff’s undersigned counsel (copy attached).
—– Original Message —–
From:
Sent: Fri Jan 04 22:02:58 2008
Subject: Allowing One Candidate: Tony Ortiz to be placed on the City of Orlando Ballot
This Case is different from the first suit!
This Lawsuit is an action to have a court rule on the Legality of Allowing One Candidate: Tony Ortiz to be placed on the City of Orlando Ballot and NOT Allowing Tim Adams to be placed on the ballot, when BOTH were ruled by the City Clerk of Orlando to NOT Live in their District for one year and be a registered Elector in that District for that year.
The Rulings are inconsistent with the Claimed ‘ Interpretation ” of the Legislative intent that the Orlando City Clerk Claimed in the State of Florida Court, and Should be Challenged in a Court that will allow a hearing on the Disparate Treatment Suffered By Tim Adams to his detriment and the Obvious, Glaring Allowance of Buddy Dyer’s Hand-Picked Candidate Tony Ortiz to be included on the ballot, Discriminately!
This Court Case Differs from the Previous Case that Focused upon interpretation of the Legislative intent of the City Council; AFTER the Referendum of 2004 that CHANGED Drastically the Rules of Candidacy for the 2008 Elections in the City of Orlando.
Also, the Difference is that: The Federal Lawsuit will Focus on the Disparate treatment and DAMAGES for
Racial Discrimination that has been suffered by Tim Adams, Who Did Actually Live in the city of Orlando For the Past Year and has been Denied the SAME Placement on the Ballot that Tony Ortiz Received even though it was Widely Known and Admitted by the Orlando City Clerk that Tony Ortiz DID NOT Live in The District that She Placed him on the Ballot to Seek Election to, as a City of Orlando Commissioner.
That was and is Racist, Discriminatory, and And Disparate Treatment and is Illegal under Florida And United States Voting Rights Act Laws, Rulings and Court cases.
While Some of these Issues were raised in the PLEADINGS of the State Court Case; these issues WERE NOT Ruled UPON or allowed into the Hearings as Arguments on the Merits of the Discrimination and Racially Motivated Treatment that Tim Adams Suffered from Orlando City Clerk Alanna Brenner and
May Ann Downs from November 14, 15, 16 and continuing.
Thank you for your Consideration and Please Allow any clarifications that are needed, to be made. Tim Adams [email protected]
________________________________
Subject: UNITED STATES DISTRICT COURT MIDDLE DISTRICT of FLORIDA and CONCURRENTLY IN the UNITED STATES DISTRICT COURT MIDDLE DISTRICT of FLORIDA and CONCURRENTLY IN the District Court FOR THE DISTRICT OF COLUMBIA
United States ex rel. )
Civil Action No.__________)
First Complaint Tim Adams United States Citizen,
Complaint and Jury Demand
Tim Adams, 6252 Millennia Blvd. Suite 204, Orlando, Fl 32804 – Adams
Date Received January ____________ 2008
Complaint filed Under Seal pursuant to 31 U.S.C. ‘3730(b) (2)
BRINGING THIS ACTION ON BEHALF) OF Tim Adams and on Behalf of THE UNITED STATES OF AMERICA)
In Care Of: C/o Roscoe C. Howard, Jr., or the Successor U. S. Attorney, in the United States Attorney) Judiciary Center Building,) 555 Fourth Street, NW,)
Washington, 20530 c/o John Greene)
Voting Rights Chief of the U. S. Department of Justice,
United States District Court
And) Notice to U. S. Attorney General
c/o) In Care Of: Attorney General of the United States
U.S. Department of Justice
10th and Constitution Avenues, N.W. Washington, DC 20530
Vs.)
Defendants,)
JOHN H. BUDDY DYER, ALANA BRENNER, MAYANN DOWNS,
ET AL, AND CO CONSPIRATORS,
400 South Orange Avenue -Avenue
Orlando, Fl 32801
And
ALL UNNAMED and PERTINENT CITY OF ORLANDO EMPLOYEES, @ 400 South Orange Avenue –AVENUE PUBLIC PAID EMPLOYEES –
Also Defendants: The Publicly Paid Employees –
Co-Conspirators and Elections Officials,
Cons pirating Officials, Appointees of Buddy Dyer and the
Appointees Charged with Elections duties;
City of Orlando Clerks’ Office personnel;
2. ) PERTINENT CITY OF ORLANDO EMPLOYEE, @ 400 South Orange Avenue -AVENUE CITY OF ORLANDO PUBLIC PAID EMPLOYEES –Elections Offices Employees of the CITY OF ORLANDO, @ 400 South Orange Avenue
CITY OF ORLANDO PUBLIC PAID EMPLOYEES –
(A FLORIDA Corporation))
FIRST COMPLAINT
This is a qui tam action under 31 U.S.C. Sec. 3729, et al. of the False Claims Act filed by Relator/Plaintiff Tim Adams, United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Official, in the name of the United States Government and to recover damages, penalties and damages arising from Defendants’ (CITY OF ORLANDO and the city’s Non- COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION — et.al.) violations of federal requirements concerning contracts with agencies of the United States Department of Housing and Urban Development and any and all other United States Departments found to have been so violated.
The Voting Rights Act, adopted initially in 1965 and extended in 1970, 1975, and 1982, is generally considered the most successful piece of civil rights legislation ever adopted by the United States Congress. The Act codifies and effectuates the 15th Amendment’s permanent guarantee that, throughout the nation, no person shall be denied the right to vote on account of race or color. In addition, the Act contains several special provisions that impose even more stringent requirements in certain jurisdictions throughout the country.
Adopted at a time when African Americans were substantially disfranchised in many Southern states, the Act employed measures to restore the right to vote that intruded in matters previously reserved to the individual states. Section 4 ended the use of literacy requirements for voting in six Southern states (Alabama, Georgia, Louisiana, Mississippi, South Carolina, and Virginia) and in many counties of North Carolina, where voter registration or turnout in the 1964 presidential election was less than 50 percent of the voting-age population. Under the terms of Section 5 of the Act, no voting changes were legally enforceable in these jurisdictions until approved either by a three-judge court in the District of Columbia or by the Attorney General of the United States. Other sections authorized the Attorney General to appoint federal voting examiners who could be sent into covered jurisdictions to ensure that legally qualified persons were free to register for federal, state, and local elections, or to assign federal observers to oversee the conduct of elections.
Congress determined that such a far-reaching statute only in response to compelling evidence of continuing interference with attempts by African American citizens to exercise their right to vote. As the Supreme Court put it in its 1966 decision upholding the constitutionality of the Act:
Congress had found that case-by-case litigation was inadequate to combat wide-spread and persistent discrimination in voting, because of the inordinate amount of time and energy required to overcome the obstructionist tactics invariably encountered in these lawsuits. After enduring nearly a century of systematic resistance to the Fifteenth Amendment, Congress might well decide to shift the advantage of time and inertia from the perpetrators of the evil to its victims.
South Carolina v. Katzenbach, 383 U.S. 301, 327-28 (1966).
THE PARTIES INVOLVED
1. Plaintiff, Tim Adams United States Citizen, U. S. Veteran, A 2004 through 2007 Public Elected Official of Florida,
# 1350 West Colonial Drive West Side suite -A –
Orlando, Fl 32804 – Adams Suite
During the Period; November 16, 2007, through the present date, September tenth, 2007, was a Duly Qualified Elector in the City of Orlando, Florida
And Qualified with Federal VOTING Rights Protection Based upon Pertinent Legislation, and Former -District Supervisor, of Florida.
2. Defendant Alanna Brenner, MayAnn Downs, Alanna Brenner,
Have Control over City Clerks Budgets and City Clerks Resources that have been Blatantly Stolen Converted, Fraudulently used, disposed of, removed and provided for The PRIVATE — — USE of MayAnn Downs, John H. Buddy Dyer, and other certain Pertinent City of Orlando Employees, @ 400 South Orange Avenue -., under False and misleading Pretenses Perpetrated by Alanna Brenner and MayAnn Downs, along with their Assigns agents and co-conspirators.
2) The following entities as co-conspirators, and affiliates that are controlled by the Named Personal Defendants, before during and after November 14, 2007: and during November 16, 2007 until the present date.
MayAnn Downs has been acting in Concert With John Buddy Dyer,,
Alanna Brenner and her co-conspirators – Florida Supervisor of Elections, Alanna Brenner and her co-conspirators – Florida Supervisor of Elections, and Alanna Brenner as The City Clerk, acting under state laws, rules and ordinances, in an unlawful manner By the actions of these City of Orlando, Florida Officials; MayAnn Downs operates and Controls Pertinent City of Orlando Employees, @ 400 South Orange Avenue -., et al, along with its officers, directors and assigns.
MayAnn Downs in Concert with John Buddy Dyer,, Pertinent City of Orlando Employee, @ 400 South Orange Avenue -., et al
– A Florida Municipal Corporation;
3. Defendant MayAnn Downs Operated out of 2004 – 2007 the Publicly Owned Buildings with full privileges of a City of Orlando Attorney -Manager unlawfully, and barred the Plaintiff from Using the City of Orlando Voter Qualifying Services in a Racially Discriminative manner By the actions of these City of Orlando, Florida Officials.
4. Defendant Pertinent City of Orlando Employees @ 400 South Orange Avenue -. and its officers assigns and affiliates, did intentionally and unlawfully deprive the Plaintiff of Resources that are owned and supplied by the Citizens of The City of Orlando, Florida in a Racially Discriminative Manner By the actions of these City of Orlando, Florida Officials, in a Blatant and obvious manner By the actions of these City of Orlando, Florida Officials.
5. The Defendants are hereinafter collectively referred to as
“MayAnn Downs in Concert with John Buddy Dyer,, Pertinent City of Orlando Employee, @ 400 South Orange Avenue -., et al, with
Pertinent City of Orlando Employee, @ 400 South Orange Avenue,
A Florida Corporation and its OFFICERS and Conspirators, assigns and agents, et al,
JURISDICTION AND VENUE
6.) Plaintiff, Tim Adams, United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Officials, hereby alleges causes of action under 31 U.S.C. sections 3729 ET. Al. of the False Claims Act, arising from Defendants’ contracts with agencies of the United States Government:
The City of Orlando, Florida, United States Department of
Housing and Urban Development,
Equal Employment Opportunity Commission,
The United States Treasury Department and its office of Civil Rights.
Alanna Brenner, Alanna Brenner, and Other Officers, Agents and Managers of The City of Orlando, Florida , did act in concert to deprive the Plaintiff of his constitutional and statutory rights of Equal Access, Equal Protection, and Due Process Rights, as guaranteed by the United States Constitution and the Constitution of they State of Florida.
7.) upon information and belief, Plaintiff, Tim Adams, who is a United States Citizen, an Honorably Discharged U. S. military Veteran, and a Former 2004 through 2007 – Florida State Elected Official, is the original source of all the allegations contained in this First Complaint.
8.) Upon information and belief, there has been limited 2004 – 2007 Public disclosure of the allegations contained in this first complaint.
9.) Jurisdiction over all stated causes of action is conferred upon this Court by 31 U.S.C. Section 3732 and 28 U.S.C.
Section 1331 in that this action arises under the laws of the United States and jurisdiction over Count III is also conferred by 31 U.S.C Section 3730 (h) and Section 1981 of the United States Code and the Constitution of the United States.
10.) The Defendants are in the business of providing services to Citizens of the U.S. and the City of Orlando, Florida, -and with the support and Funding of the United States Government through its Agencies, agents and Assigns; And it’s, the United States Housing and Urban Development Department, And United States Department of Justice, and its affiliated Agencies, and The Defendants, The City of Orlando, Florida Municipal Corporate Government including its Mayor Buddy Dyer, Managers such as Alanna Brenner, City Clerk. Conduct business through Lobbyists, and Grant Proposal drafters, in Washington, DC. , and Orlando, Florida, and Venue Lies in BOTH DISTRICTS.
11.) Defendants, ALANNA BRENNER, MAYANN DOWNS, ALANNA BRENNER ass the city Clerk of Orlando, Florida, Conducted these unlawful actions from City of Orlando Government -under color of Florida State Laws and United States Laws; from 400 South Orange Avenue -Avenue, Orlando, and Fl 32801.
12.) a.) These actions were and are Subject to the Statutory Administrative Oversight of the United States Secretary of Department of Justice, Voting Rights Section -,Appointees of Buddy Dyer; et al,
13.) Venue and jurisdiction are proper in the United States District Court, Washington, D.C. pursuant to 28 U.S.C. Section 1391(c) and 31 U.S.C. Section 3732 as the Defendants are a group of organizations and persons subject to personal jurisdiction in Both Orlando, Florida and in Washington, DC.
STATEMENT OF FACTS
14.) The allegations contained in the paragraphs numbered 1-14 are hereby re-alleged and set forth fully as above.
14. ) The Defendants and Pertinent City of Orlando Employees, @ 400 South Orange Avenue -Avenue Council have secured Contracts using False, Misleading Claims of MayAnn Downs to Secure Contracts illegally for the Past Three Years.
15. ) Defendants, JOHN H. BUDDY DYER, ALANNA BRENNER, MAYANN DOWNS, ET AL, AND CO-CONSPIRATORS, 400 South Orange Avenue -Avenue Orlando, Fl 32801.
Supplied the ability of MayAnn Downs to utilize false Claims of theirs -Standing as an Official City of Orlando Government -, Florida, When Alanna Brenner Knew Full Well that MayAnn Downs was Not acting in good faith.
16.) Upon information and belief, MayAnn Downs’s compensation was based, at least in part, upon the Denial of the Civil Rights, and Voting Rights of Tim Adams to Serve the Citizens of Orlando, Including but not limited to African American Citizens and Voters.
17.) The Agencies of the United States Department of Department of
Justice, Voting Rights Section – and its Guarantees of the
Department of Justice, Voting Rights Section -.
18.) Tim Adams a United States Citizen, U. S. Veteran, A 2004 through 2007 Elected Official, Tim Adams, Himself, and the 131,000 plus Voters who elected Tim Adams, have expressed that these citizens want to be involved in, and support, the U.S. Department of Department of Justice, Voting Rights Section -’s EQUAL PROTECTIONS under th Laws of the United States.
Whereas the United States Department of Justice, Voting Rights Section -Programs efforts in Florida have been historically invoked to respond to actions of Officials such as:
Alanna Brenner and her co-conspirators -, Florida Supervisors of Elections and Others involved in this case:
19.) Tim Adams, Himself, and the 131,000 plus Voters who elected Tim Adams, and Supporters have been deprived of Voting Rights, by the exclusion of Tim Adams a Qualified Voter and lector in the city of Orlando For more than Forty Years including all of the Year 2007.
20.) The Office of Mayor of Orlando, with which Tim Adams, Himself, and the 131,000 plus Voters who in 2004 elected Tim Adams, to a county-Wide Post; knew Tim Adams to be active in the Voting Rights Reports Section regarding the -City of Orlando’s Non-Compliance with Federal VOTING Rights Legislation – efforts of the United States and the State of Florida for many years.
21.) Tim Adams, United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Officials was apparently an attractive candidate to the city of Orlando Voters -.
21.) Tim Adams, Himself, and the 131,000 plus Voters who elected Tim Adams, obtained training, after his 2004 – 2007 Public Election, were denied equal protection of the Laws of the City of Orlando, The State of Florida and of the United States.
22.) Tim Adams United States Citizen, U. S. Veteran, Elected Official, was denied use of the Office Services of the City Clerk, By MAYANN Downs, Alanna Brenner and John Buddy Dyer, at 400 South Orange Avenue and City attorneys Offices off-Site -that The City of Orlando, Florida Owned and Allowed European Americans to use.
23.) Tim Adams is a United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Officials to serve as a duly elected supervisor
24.) Tim Adams, United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Official would be paid and would earn One Hundred Fifty Thousand Dollars, per year in United States money as duty pay for the Position of Mayor of Orlando, For Four Years.
25.) Tim Adams, United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Officials:
Shows that Because of the relief requested, Defendant Alanna Brenner is the only proper party-defendant to the mandamus action requested in this Temporary Restraining Order.
26.. ) Initially, Tim Adams, United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Official, Became aware of the FALSE Claims of MayAnn Downs during November 14, 15, and Sixteenth, 2007.
27.) Tim Adams, United States Citizen, U. S. Veteran, –
Moves this Court for a Temporary Restraining Order regarding the
Election of the Office of Mayor of Orlando, Florida Due to Racial Discrimination in the Candidate Qualifying Process.
28.) Tim Adams, Himself, and the 131,000 plus Voters who elected Tim Adams, did not have access to the appropriate and complete information as did candidate Tony Ortiz in the Qualifying Process and this constituted Racial and ethnic Discrimination by Alanna Brenner. On its face;
29.) The City of Orlando and its City Clerk, City Attorney and Mayor have all Known for many months, that Tony Ortiz did not live in and was not a registered Elector for the One Year period before the January 29, 2008 Election and Said persons ordered that Tony Ortiz be placed on the Orlando City Elections Ballot Despite this knowledge, while denying the SAME Treatment and Benefit to Tim Adams Due to Discriminatory, Racially Motivated Intent on the Part of Buddy Dyer and all of the additional City of Orlando Personnel that were privy to the information.
30.) The City of Orlando’s Non- Compliance with Federal Voting Rights Legislation Requires that a Temporary Restraining Order be invoked upon the Elections Officials of the City of Orlando, until a Thorough Federal Investigation is Completed;
31.) In November of 2007, Tim Adams, United States Citizen,
U. S. Veteran, 2004 – 2007 Public Elected Official was Discriminated against and was not allowed to be listed on the Election Ballots of the City Of Orlando by Workers who serve at the Pleasure of John Buddy Dyer, an Opponent in the election: These Persons Work in the 400 South Orange Avenue and City attorneys Offices off-Site -Street Building, of the City of Orlando Compliance with Federal VOTING Rights Legislation
32.) Evidence in the case includes: this signed statement of:
December 20, 2007}
=======================
Statement of Residential Status
This is to Certify that I, – Ms. Trina Palmer
Of the Residential address:
Orlando, Florida 32804 – Adams, has lived at this address for more than one year as of December Twentieth, 2007.
I have observed and Witnessed that Tim Adams, Lives in Unit Number 204 of 5262 Millennia Boulevard for the Past twelve months, including all of December, 2006 and the month of January 2007…
I was made aware of his application to Qualify for the Position of Mayor of Orlando, by observing his appearances on television stations recently, and I spoke to him to let him know that I have noticed that he has lived in the same building as I do and my family members live as well.
It is for these reasons, and of my own free will, that I attest to the fact that Tim Adams Lives in the
The information is provided voluntarily and for no other reason than to establish the truth.
Further, Affiant Says Nothing.
/S. / ……………………………………
Orlando, Florida 32804 – Adams
Florida Identification Number: ____ P 456801778760
………………………………………………………………………………
WITNESS: Ms. Betty Young, Ms. C. Smith of Unit # 202
………………………………………………………………………
Orlando, Orange County, Florida 32804 – Adams
——————————————————————————————
30.) The City of Orlando Failed in its duties to provide Reports that was due to be provided to the United States department of Justice in compliance with FEDERAL VOTING RIGHTS LEGISLATION.
31. ) In factual consideration of past discrimination by the
“City of Orlando Compliance with Federal VOTING Rights Legislation -report of the United States Government Department of Department of Justice, Voting Rights Section;
32.) Those actions of the City Clerk of the City of Orlando Should be enjoined due to the Racially Disparate Treatment provided to Buddy Dyer and Tony Ortiz over the objections of and detriment to Honorable Tim Adams, a 2004 through 2007 Duly Elected Florida State Official who won more than One Hundred Thousand Votes and is a very Attractive Candidate for Mayor of Orlando, Florida at this time.
33.) These actions were historically used on Arthur Kennedy, the First African American Elected Official and on Homer Hartgage, the Candidate for Mayor in recent elections, as well as upon Ken Mulvaney in the recent City of Orlando Mayoral Elections on two occasions to prevent the above named Persons from being Placed upon the City of Orlando Ballots illegally and with racially and National Origin Discriminatory intentions of the Officials of the City of Orlando, Florida.
34. ) Tim Adams has been Racially Discriminated against by Alanna Brenner the City Clerk and Employee of John H. Buddy Dyer and Directed and controlled Expressly By Buddy Dyer, who has caused the racially Motivated Actions that are complained of in this Complaint to be carried out for Racially Motivated Reasons in order to Suppress and Control the African American Vote of the City of Orlando and Deny Tim Adams the opportunity to Become a Qualified Candidate by Buddy Dyer and Alanna Brenner Using Racially Motivated illegal tactics and strategies that are and were unlawful and unconstitutional deprivations of Equal Protection and Due Process Rights of Tim Adams plaintiff in this case.
35.) The actions to deny Tim Adams his Voting Rights occurred primarily at the 400 South Orange Avenue and City attorneys Offices in several off-Site -buildings.
36.) The City hall building involved in this action included five rooms allotted to Alanna Brenner, the Conference Room, the Office of MayAnn Downs, and several also involved Non-Employee of the City of Orlando, Florida:
37.) Services of the City of Orlando Florida City clerk -City of Orlando Compliance with Federal VOTING Rights Legislation -Employees.
38.) Their Site of the Discrimination included The Clerk’s Office of Orlando and the building is the Administration Building of the City of Orlando Government -that was and is used by Alanna Brenner and her co-conspirators –
39.) Further, as a factual matter, Plaintiff never “agreed” with Defendant’s erroneous interpretation of Section 1-1(e). Rather, Plaintiff sought to have Defendant qualify Plaintiff, despite Defendant’s mis-interpretation of that Section.
29.) 40.City of Orlando elections Related Employees, Subjected on this Situation with Honorable Tim Adams, Himself, and the 131,000 plus Voters who elected Tim Adams, did not have access to the appropriate and complete information as did candidate Tony Ortiz in the Qualifying Process and this constituted Racial and ethnic Discrimination by Alanna Brenner. On its face;
30.) The City of Orlando and its City Clerk, City Attorney and Mayor have all Known for many months, that Tony Ortiz did not live in and was not a registered Elector for the One Year period before the January 29, 2008 Election and Said persons ordered that Tony Ortiz be placed on the Orlando City Elections Ballot Despite this knowledge, while denying the SAME Treatment and Benefit to Tim Adams Due to Discriminatory, Racially Motivated Intent on the Part of Buddy Dyer and all of the additional City of Orlando Personnel that were privy to the information.
31. ) Plaintiff, who had to put up with hours of grilling (without benefit of his own counsel) by three attorneys (Defendant, City Attorney Mayanne Downs, and a City staff attorney), each apparently bent on finding any reason not to qualify him, was put in the position of making a case for why he felt he complied with Defendant’s already-existing misinterpretation of Section 1-1, of the City of Orlando’s Ordinances which were and are Facially Discriminative and Subjective, rather than Objectively Promulgated on its Face and in its Racially Motivated Application by Former and Present City of Orlando Employees and City Clerk Personnel, who serve at the Pleasure and Direction of John H. Buddy Dyer the Current Mayor of Orlando, who is a Co-Conspirator to this action.
32. ) The many computers that are used in the City of Orlando in its reports of Compliance with Federal VOTING Rights Legislation -Services were used and are important to the Office of Mayor of Orlando as a link to the U.S. CITY OF ORLANDO COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION -Efforts.
33.) City of Orlando’s Non-Compliance with the Voters Rights Act is rampant Blatant and conspicuous actions to deprive African American Citizens Such as the Plaintiff Tim Adams of their Federal Rights.
35.) This First African American Elected County-Wide District Board Chairman was discriminated against and treated
In a racially discriminatory manner; by Alanna Brenner in November, December 2007 and January 2008 in his Qualifying for the Office of Candidate for Mayor of Orlando, Florida.
36.) The City of Orlando, Florida and its City clerk have Denied Tim Adams Plaintiff of his constitutionally protected rights under the Doctrine of Candidates Rights expressed by Florida Courts including and Not Limited to: Cases that Fully Show that While Plaintiff agrees that “legislative intent” is such a general rule, there is a much more specific rule which should be used by courts in construing statutes which restrict eligibility for office.
44. ) That more specific rule is to strictly construe such statutes in favor of eligibility, resolving all doubts or ambiguities in favor of eligibility, and denying eligibility only if the statute in question expressly does so – the result being that the will of the voters, not the judiciary, should decide the question of who will hold public office:
“It has been stated that there is a presumption in favor of eligibility of one who has been chosen and elected or appointed to public office, and that a strong public policy exists in favor of eligibility for public office.
Thus the imposition of restrictions upon the right of a person to hold public office should receive a liberal construction in favor of the people exercising freedom of choice in the selection of their public officers, and statutes declaring qualifications are to receive a liberal construction.
Or, as sometimes stated, the right to public office, or any constitutional or statutory provision which restricts the right to hold office, must be strictly construed against ineligibility, and statutory and constitutional provisions which tend to limit the candidacy of any person for public office must be construed in favor of the right of the voters to exercise their choice and should be construed strictly and not extended to cases not clearly covered thereby.
44.) In Florida it is well settled that: A Discrepancy in the Laws, Rules Ordinances should be settled in favor of adding candidates to a Ballot.
If there is any doubt or ambiguity in the applicable provisions, such doubt or ambiguity must be resolved in favor of eligibility. …” (Emphasis supplied). 63C Am.Jur.2d Public Officers and Employees, Section 53 (“Presumption in favor of eligibility; construction of eligibility restrictions”).
45.) This specific rule of construction favoring “ballot access” by potential candidates has been reiterated by several court decisions here in Florida.
For example, in the case of Viera v. Slaughter, 318 So.2d 490, 491-92 (Fla. 1st DCA 1975) (Viera), the First District stated it as follows:
[1] The right of a candidate for public office is a valuable right and no one should be denied this right unless the Constitution or applicable valid law expressly declares him ineligible.
“[2] The imposition of restrictions upon the right of a person to hold public office should receive a liberal construction in favor of the people exercising freedom of choice in the selection of their public officers.
More specifically it is well established in Florida Courts that:
“If there be doubt or ambiguity in the provision, the doubt or ambiguity must be resolved in favor of eligibility.” (Citations omitted and emphasis supplied).
46.) In the case of Ervin v. Collins, 85 So.2d 852, 858 (Fla. 1956) (Ervin), the Florida Supreme Court stated it as follows:
“Even if there were doubts or ambiguities as [Governor Collins’] eligibility, they should be resolved in favor of free expression of the people …
It is the sovereign right of the people to select their own officers and the rule is against imposing disqualifications to run.
The lexicon of democracy condemns all attempts to restrict one’s right to run for office. …
Florida is committed to the general rule in this country that the right to hold office is a valuable one and should not be abridged except for unusual reason or by plain provision of law.” (Emphasis supplied).
Earlier in that opinion, the Supreme Court made several other statements pertinent here:
“[2] [3] we are called on to construe the terms of the people, and we are to effectuate their purpose from the words employed in the document. We are not permitted to color it by the addition of words or the engrafting of our views as to how it should have been written.” (Emphasis supplied). Ervin, supra, at 855.
“To hold one ineligible to run for office where neither the Constitution nor the statute does so in express terms is contrary to every democratic precept.” (Emphasis supplied) Ervin, supra, at 856.
46.) The City of Orlando’s City Clerk Alanna Brenner has Violated the Voting Rights of Tim Adams and the Citizens who support Candidate Tim Adams in a Very adverse and Damaging Manner that was and is Unlawful, discriminatory and racist on its face and Blatantly Discriminatory.
47.) CITY OF ORLANDO’ S Non- COMPLIANCE with Laws of Florida, Rulings of the Florida Supreme Court, the Federal courts of Florida and the United States Supreme Court are Rampant, Racist and Discriminatory on their Face and are especially Blatant notorious and Racist in this Case.
x. More recently, in the case of Reform Party of Florida v. Black,
[885 So.2d 303 (Fla. 2004) (Black), the Florida Supreme Court decided the issue of whether to allow Ralph Nader on the 2004 presidential election ballot.]
Various citizens had successfully brought an action at the trial court level to remove his name from the ballot.
They asserted Nader was not a “minor party” candidate entitled to have his name printed on the ballot under Section 103.021(4) (a), Florida Statutes. They sought to have his name removed from the ballot.
x. The case also came down to a question of statutory interpretation.
x. The Supreme Court construed the statute in question in favor of having Nader’s name printed on the ballot.
x. In doing so, the Court cited and quoted its prior decision in Ervin as holding that, absent an “unusual reason or by plain provision of law,” a candidate should not be denied the right to run for office and to have his name printed on the ballot. Black, supra, 885 So.2d at 312.
x. The Black court went on to quote with approval the following excerpt from the First District’s opinion in Smith v. Crawford, 645 So.2d 513, 520 (Fla. 1st DCA 1994) – “the law requires judges to resolve doubts about qualification of a political candidate in favor of the candidate.”
x. In short, while “legislative intent” is a general rule of statutory construction, there is a much more specific rule of construction applicable to statutes “ballot access” of potential candidates and thereby also restricting the people’s right to choose their elected officials.
Put simply, under that much more specific rule, unless Section 1-1(e) expressly disqualifies Plaintiff; his name should be printed on the January 29, 2008 ballot.
x. As for whether Section 1-1(e) expressly disqualifies Plaintiff, Section 1.1(e) (“Requirements for Qualification as Candidate for Office of Mayor-Commissioner or City Commissioner”) of Chapter 2 (“Administration”) of the City Charter of the City of Orlando, Florida states, in pertinent part, that “Candidates qualifying for the January 29, 2008 general election … for the office of Mayor-Commissioner shall be required to have been a City resident and a bona fide elector on or before January 18, 2007 …”[1]
x. In her November 16, 2007 final decision letter (copy attached) disqualifying Plaintiff, Defendant states: “… Section 1-1 of Ch. 2 of the City Charter which requires that mayoral candidates for the 2008 election show proof to the City Clerk that they 1) have been City
Residents since on or before 1/18/07 and 2) been a registered elector of the City of Orlando since 1/18/07.” (Emphasis supplied).
. The key word present in Defendant’s November 16, 2007 letter disqualifying Plaintiff, but absent from the actual language of Section 1.1(e) is the word “since.”
x. Apparently, in disqualifying Plaintiff, Defendant read Section 1.1(e) as implying that the word “since” should be part of its requirements.
Specifically, in disqualifying Plaintiff, Defendant apparently read Section 1.1(e) as follows: “Candidates qualify for the January 29, 2008 general election … for the office of Mayor-Commissioner shall be required to have been a City resident and a bona fide elector [since] on or before January 18, 2007 …”
x. The importance of whether the word “since” should be implied into Section 1.1(e) is that, without factual dispute, Plaintiff was a “City resident and a bona fide elector on or before January 18, 2007.”
In fact, as sworn to in paragraph 8 of Plaintiff’s Amended Complaint, Plaintiff was born within the City at 222 North Westmoreland 64 years ago. Additionally, prior City Clerks qualified Plaintiff as a candidate for Mayor
Each such time it would have been necessary for Plaintiff to have been a resident and bona fide elector of the City in order to have been so qualified by prior City Clerks.
x. However, it is also without dispute that, on October 12, 2007, Plaintiff changed his registered voting address from an address in unincorporated Orange County to an address within the City of Orlando.
Therefore, it is undisputed that he has not been an elector of the City continuously since January 17, 2007, as was the Case for Tony Ortiz as well.
x. Put another way, while it is undisputed that Plaintiff was a resident and bona fide elector of the City at various times “on or before January 18, 2007,” it is also undisputed that he has not been a continuous City elector “[since] on or before January 18, 2007, and Neither was Tony Ortiz, whose Name does appear on the ballot.”
x. The issue of statutory facing this Court, therefore, comes down to whether there is an implied restriction in Section 1.1(e) that Plaintiff have been a continuous City elector “[since] on or before January 18, 2007,” rather than just the expressed requirement that he was a resident and bona fide City elector at some point “on or before January 18, 2007.”
Based on what is stated in Ervin, Viera, and Black, above, concerning the specific rule of construction applicable to statutes governing eligibility for public office, absent an express requirement in Section 1.1 that Plaintiff have been a registered elector in the City since “on or before January 18, 2007,” Plaintiff is entitled to be qualified as a candidate and to have his name printed on the January 29, 2008 ballot.
Defendant has failed to uniformly apply Section 1-1(e); Since Tony Ortiz’ Name is Placed upon the January 29, 2008 and Tony Ortiz Clearly Did NOT Live in the District two, On or before January 18, 2008…
x. Finally, in paragraphs “9” and “16.h.” of Defendant’s Response, Defendant asserts she has “uniformly” applied the provisions of Section 1-1(e).
That simply is not true.
Specifically, on November 1, 2007 she sent a letter (copy attached) to ask if on January 18, 2007 a series of mayoral candidates had been bona fide electors of the City and whether a series of commission candidates had been bona fide electors of the districts in which they proposed to run.
It is reputed that Mr. Ortiz is, again, Buddy Dyer’s choice to fill the District 2 City Commission seat.
Again, Ms. Brenner, the Defendant, is a political appointee of
Mr. Dyer’s. Some might argue that the pattern of Ms. Brenner’s interpretation and application of the requirements of Section 1-1 depends on whether [Buddy Dyer] wants a candidate to run for the office sought. Regardless of her motivation, Ms. Brenner is not “uniformly” applying 1-1.
As an aside, to the extent Section 1-1 can be read to empower Ms. Brenner to award “free passes” to potential candidates such as Mr. Ortiz, [and NOT to Honorable Tim Adams,] Section 1-1 is an unconstitutional delegation of legislative power.
Prior to the case of Florida Department of State, Division of Elections v. Martin, 916 So.2d 763 (Fla. 2005) (Martin), Section 101.253
(“When names not to be printed on the ballot”), Florida Statutes (2005), gave the Department of State unfettered discretion to allow a candidate to withdraw his name from the ballot within 42 days of an election.
The Florida Supreme Court ruled that the provision was an unconstitutional delegation of legislative authority.
Similarly, to the extent Section 1-1 can be read as granting Ms. Brenner unfettered discretion as to which candidates to qualify, Section 1-1 is unconstitutional.
48.) EMPLOYEES, INCLUDING U. S. DEPARTMENT OF DEPARTMENT OF JUSTICE, VOTING RIGHTS SECTION the agents of the city of Orlando,
Have failed in their duties to protect the rights of Tim Adams Plaintiff on this case.
49.) Tim Adams, Himself, and the 131,000 plus Voters who elected Tim Adams, was discriminated against by Alanna Brenner and MayAnn Downs.
50.) CITY OF ORLANDO employees discriminated against the
plaintiff – at the 400 South Orange Avenue and City attorneys Offices off-Site –Building used by Alanna Brenner and her co-conspirators -, Florida.
The procedures that were in place at the time of the Discriminatory actions were not applied uniformly to all candidates and Tim Adams had to produce items that other candidates were NOT made to produce that were not even pertinent to Qualifying for the Position of Candidate for the Position of Mayor of Orlando. Tony Ortiz Should NOT has been Placed on the January 29, 2008 ballot unless the Honorable Tim Adams was Placed upon the ballot also.
51.) It was generally understood by all CITY OF ORLANDO That Tony Ortiz DID NOT Live in District two one Year Prior to the January 2008 Elections.
52.) Based on this system, it has been possible for MayAnn Downs to use the City of Orlando Voter Qualifying process in a racially motivated manner.
53.) The City of Orlando Clerk, while – utilizing Florida Based-City of Orlando Voter Qualifying Subjective-based reasoning and Unconstitutionally based actions denied the Plaintiff of his State of Florida and United States Guaranteed Constitutional Rights to Due Process and Equal Treatment under the Florida And Federal Laws of this State and the United States of America.
54). Also upon information and belief, more such City of Orlando Voter Qualifying Services are being denied to Citizens who are African American With The Knowledge of the U.S. Department of Department of Justice, Voting Rights Section.
55.) Other administrators also knew of this Blatant City of Orlando Violations, such as the United States Attorney General and his Agents Assigns and Field Representatives who serve in the State of Florida.
56.) On information and belief, CITY OF ORLANDO Lack of COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION
57. ) The Attorneys for the City of Orlando have also Misused and Wasted Taxpayers Money to Defend Obvious Discriminatory Actions against the Will of the African American Citizens and Taxpayers, of the city of Orlando.
58.) The specific issues raised herein have been disclosed 2004 – 2007 Publicly, because the City of Orlando has Stonewalled Requests By Tim Adams under the Florida Public Records Laws and Denied him Public Access to Public Records…
59. ) .Upon Accurate and Available Information From News Workers; Tim Adams, United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Official’s efforts to gain a Ballot Position in the @008 Mayoral Election were discussed with Buddy Dyer, and Labor Union Officials and City Employees who Conspired to Deprive Tim Adams of his Right to Participate for the THIRD TIME as a Candidate for Mayor of Orlando, the City that he was Born in and has lived in for more than forty years with full knowledge of the city Clerk, and most of the City Officials.
60.) As a direct and proximate result of reporting these allegations,
of the CITY OF ORLANDO, and its LACK of COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION -RELATED – EMPLOYEES, INCLUDING U. S. DEPARTMENT OF DEPARTMENT OF JUSTICE, VOTING RIGHTS SECTION Tim Adams, United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Official has suffered adverse action and damages and is, therefore, entitled to all forms of statutory remedies to make him whole, pursuant to Section 3730(h).
61.) Therefore, Tim Adams, United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Official has suffered significant special damages and adverse action, as a direct and proximate result of discrimination from CITY OF Orlando’s Non – Compliance.
PRAYER FOR RELIEF
Wherefore, Tim Adams, United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Official on behalf of Himself, and the 131,000 plus Voters who elected Tim Adams and the United States Government prays:
a) That Relator/Plaintiff be awarded all relief necessary to make Himself, and the 131,000 plus Voters who elected Tim Adams, whole, pursuant to U.S.C 31 Section 3730 subsection (h) as a result of Himself, and the 131,000 plus Voters who elected Tim Adams, special damages including, but not limited to physical pain and suffering, and financial damages to be determined at trial as a result of his engaging in protected activity.
b) That Relator/Plaintiff is awarded all reasonable attorneys fees and costs, pursuant to 31 U.S.C. Section 3730 subsection (d) (1) (b) and subsection (d) (2).
c) That this Court enter a judgment against defendants in an amount equal to three times the amount of damages the United States Government has sustained because of defendants’ misrepresentations and fraudulent over counting practices
22) And any other false violations the defendant, City of Orlando Clerk Alanna Brenner and her Co-Conspirators made pursuant to regarding the Elections of 2008, in the United States Presidential Primaries, and the defendants with agencies of the U.S. Government, have violated Voting Rights that are protections of United States And Laws promulgated by the United States Congress; and made law for more than thirty nine years.
d) ….That this court enter a judgment against defendants in an amount equal to three times the amount awarded to the defendants under the Federal contracts that have been used by the city of Orlando for past three Years of the Buddy Dyer Administration and False Election to Mayor, and that these sums be provided for the Benefit of the Citizens and taxpayers of African American Descent who suffered from the racial Cleansing and Gentrification that Buddy Dyer has Masterminded at the Expense of these African American Taxpayers including Honorable Tim Adams, Former Chairman of the County-Wide Orange Soil; and water Conservation district of Florida. CITY OF ORLANDO’ with its LACK of COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION -RELATED – EMPLOYEES, INCLUDING U. S. DEPARTMENT OF DEPARTMENT OF JUSTICE, VOTING RIGHTS SECTION –
CITY OF ORLANDO Non- COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION – – services as to our knowledge, even at this time, the fraudulent counting practices are continuing,
e) That this court enter a judgment against defendants in an amount equal to three times the amount awarded to the defendants under the contracts for services from all United States Departments of government, to be used to rectify the Racial Cleansing and Gentrification of the Past Three Years by Buddy Dyer, MayAnn Downs and Alanna Brenner and other Co-Conspirators of the City of Orlando which has filed FALSE CLAIMS on order to obtain Millions of Dollars of Federal Contracts, and Grants in the Past Three Years, and with the Guidance of Buddy Dyer and of MAYANN DOWNS and Alanna Brenner – on behalf of CITY OF ORLANDO COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION.
e. ) Continued…. and other federally Paid Grants and contracts to public and private personnel, which the Plaintiff believes was procured using CITY OF ORLANDO, While out of COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION.
These Amounts were used in order to Gain Kickbacks to Buddy Dyer,
To: John Dyer III his son for the Purchase for CASH of Illegal Land Deals that amounted to Millions of Dollars of Stolen Taxpayers’ Moneys and that the Said Kickback Schemes involve, and include among others: Cameron Khun, Lou Pearlman and other Co-Conspirators in the Dyer Group of Actors, co-Conspirators and agents assigns and heirs of Buddy Dyer and John Dyer III.
e) That this court enter a judgment against the defendants in an amount equal to three times the amount awarded to the defendants under the contracts, Grants, Kickback Schemes with Cameron Khun Lou Pearlman, and David Dix the Bagman for the Operations to Defraud the United States and City of Orlando Governments; and for providing stolen Supplies, from the city of Orlando, Misused, inflated and misappropriated personal benefit, at City of Orlando Expenses; outside and staff attorney Fees, and Kickbacks regarding attorney Services that were actually in support of Buddy Dyers’ Political Campaign and in no way have Benefited the Citizens and Taxpayers of the city of Orlando, Nor the United States of America, now any other Citizens than those who are defendants and co-conspirators, here;
e.) These Defendants; with their Extremely and Falsely;
Highly- Inflated invoices, and Stolen Equipment Uses, from City Clerk Alanna Brenner, who supplied Copies and services to Buddy Dyer at Taxpayer Expenses that are purely for his political campaign and not for City of Orlando Business; and her co-conspirators – and U. S. Department of Department of Justice, Voting Rights Section – – which were not provided as stated above while stolen Supplies, Inflated invoices, and Stolen Equipment Uses, from Alanna Brenner and her co-conspirators – and U. S. Department of Department of Justice, Voting Rights Section – -were closed and or over counted with interest, including the cost to the United States Government for its expenses related to this action..
f) That this court enter a judgment against the defendants Buddy Dyer and Alanna Brenner, Mayann Downs and Cameron Khun, Lou Pearlman and David Dix, in an amount equal to three times the amount awarded to the defendants under the contracts and misused grant monies that were provided to the city of Orlando and Misused by this group, that were meant by the United States Government Agencies and Departments to be used for providing City of Orlando with Housing assistance to Needy residents and Citizens and instead was and is being Diverted instead to Defendants Business associates with Federal Tax Dollars; while the City of Orlando Remains in Non-Compliance with Federal VOTING Rights Legislation -and Irrigation Monitoring Services – and stolen Supplies, Inflated invoices, and Stolen Equipment Uses, from Alanna Brenner and her co-conspirators – and U. S. Department of Department of Justice, Voting Rights Section – – which were resold to the As FALSE CLAIMS of MAYANN DOWNS and Alanna Brenner – at inflated prices as detailed above with interest, including the cost to the United States Government for its expenses related to this
Action.
g) That this Court enter a judgment against the defendants in an amount equal to three times the amount awarded to the defendants under contracts to provide CITY OF ORLANDO COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION -RELATED – EMPLOYEES, INCLUDING U. S. DEPARTMENT OF DEPARTMENT OF JUSTICE, VOTING RIGHTS SECTION – CITY OF ORLANDO COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION – –
For their Parts in misusing City owned facilities, to raise Monies for Political Campaigns and Provided Grants to Political operatives and Groups, who took millions of Dollars of Tax Payers’ money with and by taking stolen Supplies, utilizing grossly Inflated invoices, and Stolen Equipment Uses, from Alanna Brenner and her co-conspirators – and U. S. Department of Department of Justice, Voting Rights Section – -, stolen Supplies, Inflated invoices, and Stolen Equipment Uses, from Alanna Brenner and her co-conspirators – and U. S. Department of Department of Justice, Voting Rights Section – – and As FALSE CLAIMS of MAYANN DOWNS and Alanna Brenner – using CITY OF ORLANDO COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION -RELATED – EMPLOYEES, INCLUDING U. S. DEPARTMENT OF DEPARTMENT OF JUSTICE, VOTING RIGHTS SECTION – CITY OF ORLANDO COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION – – City of Orlando’s Non-Compliance with Federal VOTING Rights Legislation.
Further, the City of Orlando Knowingly Misused its contractor personnel as to the Plaintiff’s knowledge many of the fraudulent activities ate ongoing therefore the Plaintiff seeks a civil penalty of $5,000 to $10,000 for each violation of 31 U.S.C. section 3729, including each individual false report of use of the CITY OF ORLANDO Non-COMPLIANCE WITH FEDERAL VOTING RIGHTS LEGISLATION, and Use of Federal Grants and Contracts Monies awarded for Public Works Projects including the United States Department of Justice Homeland Security Monies that were and have been misused by the Buddy Dyer Employees of the city of Orlando, Florida during the Past thirty Six Months and counting.
e.) and use of any and all Public facilities, controlled by the city of Orlando: each meal charged which was not properly used, and each improper re-sale of a service, and each individual requisition for As FALSE CLAIMS of MAYANN DOWNS and Alanna Brenner – used for private persons and not for the CITY OF ORLANDO
h) That Relator/Plaintiff is awarded punitive damages in an amount to be determined by jury, which shall dissuade the defendant and others from similar action;
i) That the Relator/Plaintiff be awarded all costs incurred including reasonable attorney’s fees;
j) That in the event the United States Government continues to proceed with this action, the Relator/Plaintiff be awarded an amount for bringing this action of at least 15% but not more than 25% of the proceeds of the actions or the settlement of the claim;
k) That in the event that the United States Government does not proceed with this action, the Relator/Plaintiff be awarded an amount that the Court decides is reasonable for collecting the civil penalty and damages, which shall be not less than 25% nor more than 30% of the proceeds of the action or settlement;
l) That the Relator/Plaintiff be awarded pre-judgment and post judgment interest;
m) That a trial by jury be held on all issues;
m) That the United States Government and the Relator/Plaintiff receive all relief both at law and at equity, to which they may reasonably appear to be entitled.
JURY TRIAL DEMANDED
Respectfully Submitted,
____/s/____________ Tim Adams Plaintiff, Offices 1350
West Colonial Drive, Orlando, Fl 32804, Phone 321-229-6097
And any and all Legal Counsel for Tim Adams, for Tim Adams,
United States Citizen, U. S. Veteran, 2004 – 2007 Public Elected Official
Dated: December 24, 2007, 2007, and Revised on
Friday January 4, 2008
A Copy of the Foregoing Complaint is being served by United States Mail Service to:
Alanna Brenner City Clerk,
City of Orlando, Florida
ii) A Municipal Corporation of
The State of Florida
400 South Orange Avenue
Orlando, Fl 32801
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[1] A copy of Section 1-1 is included verbatim in Chief Assistant Amy Iennaco’s November 15, 2007 email to Plaintiff’s undersigned counsel (copy attached).