Case: Florida State Conference Of Branches and Youth Units Of the NAACP v. Lee

4:21-cv-00187 | U.S. District Court for the Northern District of Florida

Filed Date: May 6, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit challenges Florida's Senate Bill 90 (SB 90), which limited certain voting-related practices such as drop boxes, third-party ballot return, vote-by-mail applications, and activities in the vicinity of polling places. The Florida State Conference of the NAACP, Disability Rights Florida, and Common Cause brought this suit on May 6, 2021, against the Secretary of State of Florida in the U.S. District Court for the Northern District of Florida under the Voting Rights Act (VRA), the Americans with Disabilities Act (ADA), and 42 U.S.C. § 1983. The plaintiffs claimed that the law violated the First Amendment and the Fourteenth Amendment’s Equal Protection and Due Process Clauses. They asserted that SB 90 created an undue burden on the right to vote, was unconstitutionally vague and overbroad, constituted race discrimination, and failed to provide reasonable accommodations under Title II of the ADA. The plaintiffs sought injunctive and declaratory relief barring the defendants from enforcing SB 90.

On May 7, 2021, Senior Judge William Stafford recused himself from the case and it was reassigned to Judge Allen C. Winsor. A week later the case was reassigned to Chief Judge Mark E. Walker. Days later, the Republican National Committee and National Republican Senatorial Committee filed a motion to intervene, arguing that they had an interest in ensuring that the plaintiffs did not upend Florida’s duly enacted rule and that the defendant could not adequately represent their interest. On May 28, 2021, the defendant filed a motion to dismiss, alleging that the plaintiffs only stated blanket assertions of entitlement to relief and failed to sufficiently match any of their more than one hundred factual allegations to their five claims. The motion also asserted that the plaintiffs’ ADA claim should be dismissed because their injuries couldn’t be specifically attributed to the Secretary of State’s actions. Further, the defendant argued that the plaintiffs’ claims regarding restrictions on interacting with voters in voting lines should be dismissed because the alleged injuries could be more properly linked to county Supervisors of Elections who were not agents of the Secretary. The defendant conceded that the plaintiffs might be able to sustain their VRA and undue burden claims under a generous reading of the complaint, but that the court should, at a minimum, dismiss the other three claims.

In early June, Judge Walker granted the RNC and National Republican Senatorial Committee’s motion to intervene because he found that they had an interest in the case and adding them as defendants would not unduly delay the adjudication of the case or prejudice the original parties’ rights.

Subsequently, the plaintiffs filed their first amended complaint on June 11, 2021. The amended complaint added new defendants, the 67 county Supervisors of Elections in Florida, and alleged nine total counts, six specifically against the Secretary and all nine against the Supervisors. The plaintiffs separated their cause of action for intentional race discrimination into three claims, alleging that SB 90 violated the VRA and the Fourteenth and Fifteenth Amendments. They asserted that the Secretary and Supervisors were liable for the discrimination caused by the drop box restrictions and other voting restrictions imposed by SB 90. They argued that SB 90’s restrictions coupled with Florida’s long history and ongoing record of racial discrimination and the events leading up to the passage of SB 90 raised strong inferences of Fourteenth Amendment violations.

As a result of this amended complaint, Judge Walker denied the defendants’ motion to dismiss as moot. Three days later, the court consolidated this case with two others challenging SB 90 as racially discriminatory (Harriet Tubman Freedom Fighters v. Lee, et al., 21-cv-00242 and League of Women Voters v. Lee, 21-cv-00186) for discovery purposes only, but deferred the question of consolidating for trial until after discovery was completed. A fourth such case, Florida Rising Together v. Lee 21-cv-00201, was consolidated later.

The Secretary filed a new motion to dismiss for failure to state a claim on June 25, 2021 and on July 7, 2021, 66 of the Supervisors filed a motion to be excused from active participation in the case. Judge Walker denied the motion to be excused on the same day, stating that the court first needed to determine (1) which of the plaintiffs’ claims were justiciable against the Secretary and (2) whether the plaintiffs had standing for each claim against the Secretary.

On October 8, 2021, the court issued an order granting in part and denying in part the Secretary’s motion to dismiss. Judge Walker dismissed the plaintiffs’ claim against the Supervisors regarding volunteers who assist voters in returning vote-by-mail ballots, finding that the injuries were not traceable to the Supervisors. However, the court permitted the undue burden claim to proceed because the plaintiffs pled sufficient facts to show that restrictions on mail-in ballots denied people the right to vote and imposed a special burden on vulnerable voters. Judge Walker also denied the motion to dismiss for the plaintiffs’ intentional discrimination claim, ADA claim, and the claim that the drop box restrictions discriminated against Black and Latino voters because they had plausibly pleaded the facts.

On November 11, 2021, the defendants filed a motion for summary judgment asserting that the plaintiffs failed to produce sufficient evidence to prove intentional race-based discrimination, disability discrimination, or discriminatory impact of SB-90. They further argued that the plaintiffs lacked standing because the nonprofit organizations failed to show that they or their members would be substantially burdened by the law. On December 17, 2021, the court granted the defendants' motions for summary judgment only as to the First Amendment facial challenge to the non-solicitation provision and otherwise denied the motions. On January 14, 2022, the plaintiffs filed a written opening statement with the court.

Trial for all four consolidated cases began on January 31, 2022, before Chief Judge Mark E. Walker, and was docketed under League of Women Voters v. Lee, 21-cv-00186. After the 14-day trial, the Florida State Conference of the NAACP and Florida Rising Together filed a joint post-trial brief. As of March 13, 2022, the court had yet to reach a decision in the case.

	Document
4:21-cv-00187 4:21-cv-00201	Docket [PACER] Disability Rights Florida v. Lee	Nov. 15, 2021	Nov. 15, 2021 Docket
1	Complaint for Declaratory and Injunctive Relief	May 6, 2021	May 6, 2021 Complaint
43	Order Granting Motion to Intervene	June 8, 2021	June 8, 2021 Order/Opinion
45	First Amended Complaint for Declaratory and Injunctive Relief	June 11, 2021	June 11, 2021 Complaint
45 4:21-cv-00187	First Amended Complaint for Declaratory and Injunctive Relief Florida State Conference of the NAACP v. Lee	June 11, 2021	June 11, 2021 Complaint
249 4:21-cv-00187	Order on Motion to Dismiss Florida State Conference of the NAACP v. Lee	Oct. 8, 2021	Oct. 8, 2021 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT For Declaratory and Injunctive Relief against LAUREL M. LEE ( Filing fee $ 402 receipt number AFLNDC-6079487.), filed by FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE, DISABILITY RIGHTS FLORIDA. (Attachments: # 1 Summons) (KING, NELLIE) (Entered: 05/06/2021) 1 Summons View on PACER	May 6, 2021	May 6, 2021 Clearinghouse
2	CIVIL COVER SHEET. (KING, NELLIE) (Entered: 05/06/2021)	May 6, 2021	May 6, 2021 PACER
3	Summons Issued as to LAUREL M. LEE. (rcb) (Entered: 05/07/2021)	May 7, 2021	May 7, 2021 PACER
4	ORDER OF DISQUALIFICATION. I hereby disqualify myself from participation as a judge in this case. SENIOR JUDGE WILLIAM STAFFORD recused. Case reassigned to JUDGE ALLEN C WINSOR for all further proceedings. Signed by SENIOR JUDGE WILLIAM STAFFORD on 05/07/2021. (rcb)Please use the new judge's initials for all future filings: 4:21cv187-AW/MAF (Entered: 05/07/2021)	May 7, 2021	May 7, 2021 PACER
5	NOTICE OF CASE INVOLVING ISSUES OF FACT OR LAW IN COMMON (KING, NELLIE) Modified to edit title on 5/11/2021 (rcb). (Entered: 05/10/2021)	May 10, 2021	May 10, 2021 PACER
6	NOTICE of Appearance by BRADLEY ROBERT MCVAY on behalf of LAUREL M. LEE (MCVAY, BRADLEY) (Entered: 05/12/2021)	May 12, 2021	May 12, 2021 PACER
7	MOTION to Appear Pro Hac Vice by Morenike Fajana.( Filing fee $ 208 receipt number AFLNDC-6089951.) by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP. (Attachments: # 1 Exhibit Certificate of Good Standing) (FAJANA, MORENIKE) (Entered: 05/12/2021)	May 12, 2021	May 12, 2021 PACER
8	MOTION to Appear Pro Hac Vice by John Z. Morris.( Filing fee $ 208 receipt number AFLNDC-6090013.) by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP. (Attachments: # 1 Exhibit Ex. A - Certificate of Good Standing) (MORRIS, JOHN) (Entered: 05/12/2021)	May 12, 2021	May 12, 2021 PACER
9	MOTION to Appear Pro Hac Vice by Michael Pernick.( Filing fee $ 208 receipt number AFLNDC-6090101.) by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP. (Attachments: # 1 Exhibit Ex. A - Certificate of Good Standing) (PERNICK, MICHAEL) (Entered: 05/12/2021)	May 12, 2021	May 12, 2021 PACER
10	NOTICE of Appearance by ASHLEY E DAVIS on behalf of LAUREL M. LEE (DAVIS, ASHLEY) (Entered: 05/12/2021)	May 12, 2021	May 12, 2021 PACER
11	NOTICE of Appearance by MOHAMMAD OMAR JAZIL on behalf of LAUREL M. LEE (JAZIL, MOHAMMAD) (Entered: 05/12/2021)	May 12, 2021	May 12, 2021 PACER
	ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 7 MOTION to Appear Pro Hac Vice by Morenike Fajana.( Filing fee $ 208 receipt number AFLNDC-6089951.) - Referred to MARTIN A FITZPATRICK. (tss)	May 12, 2021	May 12, 2021 PACER
12	ORDER. It is ORDERED that the motion for leave to appear pro hac vice, ECF No. 7, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 05/13/2021. (rcb) (Entered: 05/13/2021)	May 13, 2021	May 13, 2021 PACER
13	ORDER.It is ORDERED that the motion for leave to appear prohac vice, ECF No. 8, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 05/13/2021. (rcb) (Entered: 05/13/2021)	May 13, 2021	May 13, 2021 PACER
14	ORDER. It is ORDERED that the motion for leave to appear pro hac vice, ECF No. 9, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 05/13/2021. (rcb) (Entered: 05/13/2021)	May 13, 2021	May 13, 2021 PACER
15	AFFIDAVIT of Service for Summons and Complaint served on Laurel M. Lee on 5/10/2021, filed by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP., CERTIFICATE OF SERVICE by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP re 3 Summons Issued (KING, NELLIE) (Entered: 05/13/2021)	May 13, 2021	May 13, 2021 PACER
	ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ALLEN C WINSOR notified that action is needed Re: 6 Notice of Appearance (rcb)An ISO is needed	May 13, 2021	May 13, 2021 PACER
	ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 9 MOTION to Appear Pro Hac Vice by Michael Pernick.( Filing fee $ 208 receipt number AFLNDC-6090101.), 8 MOTION to Appear Pro Hac Vice by John Z. Morris. ( Filing fee $ 208 receipt number AFLNDC-6090013.). Referred to MARTIN A FITZPATRICK. (rcb)	May 13, 2021	May 13, 2021 PACER
16	ORDER REASSIGNING CASE signed by JUDGE ALLEN C WINSOR on 5/14/21. Case reassigned to CHIEF JUDGE MARK E WALKER for all further proceedings. JUDGE ALLEN C WINSOR no longer assigned to case (tss) (Entered: 05/14/2021)	May 14, 2021	May 14, 2021 PACER
	Set Deadlines/Hearings Answer due by 5/31/2021 for Laurel M. Lee (rcb)	May 14, 2021	May 14, 2021 PACER
17	Corporate Disclosure Statement/Certificate of Interested Persons by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP. (KING, NELLIE) (Entered: 05/17/2021)	May 17, 2021	May 17, 2021 PACER
18	NOTICE of Appearance by BENJAMIN LOUIS BAER CAVATARO on behalf of DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP (CAVATARO, BENJAMIN) (Entered: 05/17/2021)	May 17, 2021	May 17, 2021 PACER
19	MOTION to Intervene by Republican National Committee, National Republican Senatorial Committee. (NORDBY, DANIEL) (Entered: 05/20/2021)	May 20, 2021	May 20, 2021 RECAP
20	MEMORANDUM in Support re 19 MOTION to Intervene filed by National Republican Senatorial Committee, Republican National Committee. (NORDBY, DANIEL) (Entered: 05/20/2021)	May 20, 2021	May 20, 2021 PACER
21	Proposed Intervenor Defendants' ANSWER to 1 Complaint, by National Republican Senatorial Committee, Republican National Committee. (NORDBY, DANIEL) (Entered: 05/20/2021)	May 20, 2021	May 20, 2021 PACER
22	MOTION to Appear Pro Hac Vice by Robert D. Fram.( Filing fee $ 208 receipt number AFLNDC-6103552.) by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP. (Attachments: # 1 Exhibit Certificate of Standing) (FRAM, ROBERT) (Entered: 05/21/2021)	May 21, 2021	May 21, 2021 PACER
23	MOTION to Appear Pro Hac Vice by Tyler Green.( Filing fee $ 208 receipt number AFLNDC-6103677.) by National Republican Senatorial Committee, Republican National Committee. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (NORDBY, DANIEL) (Entered: 05/21/2021)	May 21, 2021	May 21, 2021 PACER
24	MOTION to Appear Pro Hac Vice by Cameron T. Norris.( Filing fee $ 208 receipt number AFLNDC-6103679.) by National Republican Senatorial Committee, Republican National Committee. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (NORDBY, DANIEL) (Entered: 05/21/2021)	May 21, 2021	May 21, 2021 PACER
25	ORDER ADMITTING ROBERT DANIEL FRAM PRO HAC VICE. This Court has considered, without hearing, the Motion for Admission Pro Hac Vice of Robert Daniel Fram. ECF No. 22 . The motion is GRANTED conditioned on payment of the applicable fee.1 Mr. Fram has otherwise fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 5/24/21. (blb) (Entered: 05/24/2021)	May 24, 2021	May 24, 2021 PACER
26	NOTICE of Appearance by DANIEL JOSEPH SHAPIRO on behalf of National Republican Senatorial Committee, Republican National Committee (SHAPIRO, DANIEL) (Entered: 05/24/2021)	May 24, 2021	May 24, 2021 PACER
27	ORDER ADMITTING CAMERON T. NORRIS PRO HAC VICE. This Court has considered, without hearing, the Motion for Admission Pro Hac Vice of Cameron T. Norris. ECF No. 24 . The motion is GRANTED conditioned on payment of the applicable fee. Mr. Norris has otherwise fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Proposed Intervenor-Defendants. Signed by CHIEF JUDGE MARK E WALKER on 5/24/21. (blb) (Entered: 05/24/2021)	May 24, 2021	May 24, 2021 PACER
28	ORDER ADMITTING TYLER GREEN PRO HAC VICE. This Court has considered, without hearing, the Motion for Admission Pro Hac Vice of Tyler Green. ECF No. 23 . The motion is GRANTED conditioned on payment of the applicable fee. Mr. Green has otherwise fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Proposed Intervenor-Defendants. Signed by CHIEF JUDGE MARK E WALKER on 5/24/21. (blb) (Entered: 05/25/2021)	May 24, 2021	May 24, 2021 PACER
29	NOTICE of Appearance by GARY VERGIL PERKO on behalf of LAUREL M LEE (PERKO, GARY) (Entered: 05/25/2021)	May 25, 2021	May 25, 2021 PACER
30	MOTION to Appear Pro Hac Vice by Morgan E. Saunders.( Filing fee $ 208 receipt number AFLNDC-6107431.) by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (SAUNDERS, MORGAN) (Entered: 05/25/2021)	May 25, 2021	May 25, 2021 PACER
31	ORDER ADMITTING MORGAN E. SAUNDERS PRO HAC VICE. This Court has considered, without hearing, the motion to admit Morgan E. Saunders pro hac vice, ECF No. 30 . The motion is GRANTED. Ms. Saunders has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 5/25/21. (blb) (Entered: 05/25/2021)	May 25, 2021	May 25, 2021 PACER
32	NOTICE of Appearance by AMBER STONER NUNNALLY on behalf of National Republican Senatorial Committee, Republican National Committee (NUNNALLY, AMBER) (Entered: 05/26/2021)	May 26, 2021	May 26, 2021 PACER
33	NOTICE of Appearance by JAD H KHAZEM on behalf of DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP (KHAZEM, JAD) (Entered: 05/27/2021)	May 27, 2021	May 27, 2021 PACER
34	MOTION to Appear Pro Hac Vice by P. Benjamin Duke.( Filing fee $ 208 receipt number AFLNDC-6112314.) by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (DUKE, P) (Entered: 05/27/2021)	May 27, 2021	May 27, 2021 PACER
35	ORDER ADMITTING P. BENJAMIN DUKE PRO HAC VICE. This Court has considered, without hearing, the motion to admit P. Benjamin Duke pro hac vice, ECF No. 34 . The motion is GRANTED. Mr. Duke has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 5/28/21. (blb) (Entered: 05/28/2021)	May 28, 2021	May 28, 2021 PACER
36	SECRETARY OF STATE'S MOTION TO DISMISS WITH INCORPORATED MEMORANDUM OF LAW. (Internal deadline for referral to judge if response not filed earlier: 6/11/2021). (JAZIL, MOHAMMAD) Modified to edit title on 6/2/2021 (rcb). (Entered: 05/28/2021)	May 28, 2021	May 28, 2021 RECAP

Case: Florida State Conference Of Branches and Youth Units Of the NAACP v. Lee

4:21-cv-00187 | U.S. District Court for the Northern District of Florida

Case Summary

People

Documents in the Clearinghouse

Docket

Case Details