A U.S. magistrate on Tuesday sided with City Commissioner Daisy Lynum (District 5), Bill Cowles, Supervisor of Elections for Orange County, Alana Brenner, City Clerk for the City of Orlando and the City, and recommended that Vibert White, Jr., pay their attorneys fees of nearly $40,000.
White, who once claimed he was a “resident of the City of Orlando” and wanted to run for City Commissioner for District 5, last year, filed a complaint against Lynum, Cowles, Brenner and the City, alleging that the City Clerk refused to qualify him as a candidate. He contended that the candidacy qualifications cited by Brenner, which prevented him from running, were unconstitutional.
White claimed, at the time of filing to contest the District 5 seat, he lived at 825 W. Washington Street.
In March 2011, the Court found that White lacked standing to challenge the constitutionality of Orlando’s election qualification requirements, because he failed to produce evidence “that he lives or has ever lived within the City of Orlando.”
“Based on this record, the Court finds that the allegation of residency in the Complaint was demonstrably false,” the Court wrote. “White offered no documents or testimony in this case supporting the false allegation of residency …Thus, White’s allegation of residency was made wantonly, vexatiously and in bad faith.”
Lynum, Cowles, Brenner and the City subsequently filed a motion for attorneys fees and costs and on Tuesday, a U.S. magistrate recommended that White pay close to $40,000, based on time and rates presented, which the Court found reasonable. White has 14 days to object to the proposed findings and recommendations of the Court.
Attorney Juan Lynum, who represented Commissioner Lynum, commenting on the federal magistrate’s report and recommendations said, “His mother was only an interested party in the case because she had an interest in the outcome.” He said his 12 hours of work were pro bono and he never intended to collect any fees, but he believes that White should reimburse taxpayers.
While mindful that this is not a final order, but a report and recommendations from a federal magistrate, Lynum said, “White deserves to reimburse and return every penny taxpayers paid to defend this frivolous suit.”
