DOWNTOWN TALLAHASSEE, FL — A judge denied the City of Tallahassee's motion to dismiss a lawsuit challenging how the City's fire services fees are charged.
The lawsuit claims the current method of charging the fire services fee — billed through utility bills at a flat rate rather than assessed based on property value — is unconstitutional.
Dot Inman-Johnson, a named plaintiff in the lawsuit, responded to the ruling.
"Well, I'm happy to say that the lawsuit is going forward," Inman-Johnson said.
Senior Attorney with Southern Poverty Law Center, Jackie Azis, who represents Inman-Johnson, alongside the American Civil Liberties Union, said the judge found three of the individuals named in the lawsuit have the standing needed to move forward.
"The court found the three individuals in the lawsuit have standing to proceed, and for the court to ultimately make a determination as to whether the fire services fee is an unconstitutional tax," Azis said.
However, one of the named plaintiffs — Citizens for Government Accountability — was not granted the same standing. The judge found there was not enough information in the complaint to determine whether the group could proceed as a plaintiff. Azis said the judge gave them 20 days from Monday to amend their complaint and add more supporting facts.
Once that amended complaint is submitted, the City will have 20 days to file its answer to the lawsuit.
"The City's answer will kind of demonstrate the City's position in this lawsuit. Then once we go through discovery, that's where both sides are requesting documents to support their side and as well as depositions," Azis said.
Since the debate over the fee began, community members and county leaders have pointed to a case in Ocala where a court found charging the fee through utility bills was unconstitutional. Azis drew a direct comparison to the Tallahassee situation.
"What happened in the Ocala case is extremely similar to what's going on in Tallahassee. In Ocala, the city did not assess property for the fire services fee. Instead, it charged it to utility customers on their monthly bill," Azis said.
The attorney representing the City, Gregory Stewart, argued in their motion to dismiss that the fee is not a tax, but a legal special assessment, and that the city has the legal authority to determine how to fund fire services. Azis said her team's position is that the fee is unconstitutional.
"The fire services fee is not assessed against property. The fire services fee is charged to utility customers on their monthly utility bills as a flat rate rather than assessed to property," Azis said.
ABC 27's Maya Sargent reached out to the City for comment. The City said it does not comment on pending litigation. Sargent just heard back from the attorney that is representing the City, Gregory Stewart, he said in part "I have an established practice that I do not discuss with the media, cases that I am involved in while those matters are still pending."
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