Case: Harriet Tubman Freedom Fighters v. Lee

4:21-cv-00242 | U.S. District Court for the Northern District of Florida

Filed Date: May 6, 2021

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Case Summary

Four lawsuits were filed in the District Court for the Northern District of Florida challenging 2021 Florida Senate Bill 90 (SB 90), an omnibus bill that significantly restricted vote-by-mail in the state. The bill also restricted voter registration activity by third-party organizations. Harriet Tubman Freedom Fighters was the fourth lawsuit filed, following League of Women Voters of Florida Inc. v. Lee, Florida State Conference of Branches and Youth Units of the NAACP v. Lee, and Florida Risin…

Four lawsuits were filed in the District Court for the Northern District of Florida challenging 2021 Florida Senate Bill 90 (SB 90), an omnibus bill that significantly restricted vote-by-mail in the state. The bill also restricted voter registration activity by third-party organizations. Harriet Tubman Freedom Fighters was the fourth lawsuit filed, following League of Women Voters of Florida Inc. v. Lee, Florida State Conference of Branches and Youth Units of the NAACP v. Lee, and Florida Rising Together v. Lee.

On June 14, 2021 Harriett Tubman Freedom Fighters and Head Count, represented by the Southern Poverty Law Center, brought a lawsuit against the Secretary of State and the Florida Attorney General. The Amended Complaint, filed one day later, added additional plaintiffs, Paralyzed Veterans of America and two individuals, and defendants County Supervisors of Elections. The lawsuit challenged SB 90 by alleging that the new voter rules unconstitutionally placed restrictions on organizations that help voters to register, cast their ballots, and participate in the democratic process. The complaint further alleged that SB 90 particularly harmed people with disabilities because it restricted who may assist voters in requesting, receiving, and submitting mail assistance. In this case, Plaintiffs claimed that SB 90 violated the Fourteenth Amendment as void for vagueness, the First Amendment of the US Constitution for compelled speech and infringement on free speech and association, and the Voting Rights Act for limiting assistance to voters with disabilities. Plaintiffs requested declaratory and injunctive relief.

On June 17, 2021, Chief Judge Walker granted the Defendant Secretary of State’s unopposed motion to consolidate for discovery purposes.

The Secretary of State moved to dismiss the four consolidated cases for failure to state a claim on July 30; the Attorney General separately filed a motion to dismiss on August 19. The Court granted in part and denied in part the motions to dismiss on October 8, 2021. Chief Judge Walker dismissed the Voting Rights Act claim for lack of standing because plaintiffs did not allege that the injuries are traceable to Defendants. The Court declined to dismiss all other counts.

On December 8, Chief Judge Walker consolidated the cases for trial. On December 20, the Court denied the Defendants’ motions for summary judgement and Plaintiffs’ motion for partial summary judgment, holding that the remaining claims should be decided on the basis of a complete factual record.

Following bench trial, on March 31, 2022 the Court granted a permanent injunction for the plaintiffs and declared that SB 90 violated the rights of the plaintiffs. Chief Judge Walker found that the law made voting harder and unduly burdened voters with disabilities. The order declared that the challenged provision violated the First Amendment.

Defendants appealed this decision on April 11, 2022. A week later, the Eleventh Circuit granted Defendant Secretary of State’s unopposed motion to consolidate the appeals.

On April 27, 2023, Chief Judge William Pryor wrote the opinion of the Court. In relevant part, the Court reversed the judgment that the challenged provisions in SB 90 violated the Voting Rights Act. On September 21, the Eleventh Circuit denied Plaintiffs’ motion to rehear the case en banc.

Pursuant to the Eleventh Circuit decision, Chief Judge Walker vacated the District Court’s March 2022 decision. In this Order, the Court once again dismissed the Voting Rights Act claim for lack of standing and dismissed the other claims as moot because the provision was repealed.

Several months later, on February 22, 2024, Plaintiffs in this case renewed their motion for entitlement to attorneys’ fees, which was subsequently granted in part and denied in part in on February 5, 2025. The Court determined that Plaintiff was entitled to $232,412.78 in attorneys’ fees.

Defendants appealed this order on attorneys’ fees on March 4, 2025 to the Eleventh Circuit. On the same day, Defendant Secretary of State moved to consolidate the appeal with similar appeals in the other consolidated cases.

	Document
1 4:21-cv-00242	Complaint	June 14, 2021	June 14, 2021 Complaint
59 4:21-cv-00186 4:21-cv-00242	Order on Motion to Consolidate League of Women Voters of Florida v Lee	June 17, 2021	June 17, 2021 Order/Opinion
8 4:21-cv-00242	Order on Motions to Consolidate League of Women Voters v. Lee	June 17, 2021	June 17, 2021 Order/Opinion
44 4:21-cv-00242	Amended Complaint	July 15, 2021	July 15, 2021 Complaint
124 4:21-cv-00186	First Amended Complaint for Injunctive and Declaratory Relief League of Women Voters of Florida, Inc. v. Lee	July 16, 2021	July 16, 2021 Complaint
45 4:21-cv-00242	Order Denying Motion to Dismiss as Moot	July 16, 2021	July 16, 2021 Order/Opinion
129 4:21-cv-00186	Order Denying Motions to Dismiss League of Women Voters of Florida, Inc. v. Lee	July 19, 2021	July 19, 2021 Order/Opinion
160 4:21-cv-00186	Corrected First Amended Complaint for Injunctive and Declaratory Relief League of Women Voters of Florida, Inc. v. Lee	July 22, 2021	July 22, 2021 Complaint
269 4:21-cv-00186	Order Granting Voluntary Dismissal with Prejudice League of Women Voters of Florida, Inc. v. Lee	Oct. 1, 2021	Oct. 1, 2021 Order/Opinion
190 4:21-cv-00242	Order on Motion to Dismiss	Oct. 8, 2021	Oct. 8, 2021 Order/Opinion 2021 WL 7083360

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Injunctive and Declaratory Relief against All Defendants ( Filing fee $ 402 receipt number AFLNDC-6134068.), filed by Harriet Tubman Freedom Fighters, Corp., Head Count, Inc.. (Attachments: # 1 Civil Cover Sheet) (ABUDU, NANCY) (Entered: 06/14/2021) 1 Civil Cover Sheet View on PACER	June 14, 2021	June 14, 2021 Clearinghouse
2	Corporate Disclosure Statement/Certificate of Interested Persons by Harriet Tubman Freedom Fighters, Corp.. (ABUDU, NANCY) (Entered: 06/14/2021)	June 14, 2021	June 14, 2021 PACER
3	Corporate Disclosure Statement/Certificate of Interested Persons by Head Count, Inc.. (ABUDU, NANCY) (Entered: 06/14/2021)	June 14, 2021	June 14, 2021 PACER
6	CIVIL COVER SHEET and Exhibit A. (kjw) (Entered: 06/17/2021)	June 14, 2021	June 14, 2021 PACER
4	NOTICE of Appearance by MOHAMMAD OMAR JAZIL on behalf of LAUREL LEE (JAZIL, MOHAMMAD) (Entered: 06/16/2021)	June 16, 2021	June 16, 2021 PACER
5	Unopposed MOTION to Consolidate Cases by LAUREL LEE. (JAZIL, MOHAMMAD) Modified on 6/17/2021 to complete the document title. (kjw) (Entered: 06/16/2021)	June 16, 2021	June 16, 2021 PACER
7	INITIAL SCHEDULING ORDER. Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 7/1/2021. Rule 26 Meeting Report due by 8/2/2021. Discovery due by 10/15/2021. Status Report due by 7/19/2021. Signed by CHIEF JUDGE MARK E WALKER on 06/17/2021. (rcb) (Entered: 06/17/2021)	June 17, 2021	June 17, 2021 PACER
8	ORDER ON MOTIONS TO CONSOLIDATE. Defendant's motions, ECF Nos. 87, 49, 5, are GRANTED in part and DENIED in part; this Court will consolidate NAACP, No.: 4:21cv187, and Harriet Tubman, No.: 21cv242, with League of Women Voters, No. 4:21cv186, for discovery purposes only, and will defer ruling on the question of consolidation for trial until after discovery is completed and all dispositive motions have been ruled on. All parties in each of the three cases must meet for a joint scheduling conference on or before 7/6/2021 and file a corresponding Rule 26 report in League of Women Voters, No.: 4:21cv186, on or before 7/19/2021. Finally, Defendant's motion is DENIED without prejudice as to Florida Rising, No.: 21cv201. Signed by CHIEF JUDGE MARK E WALKER on 06/17/2021. (rcb) (Entered: 06/17/2021)	June 17, 2021	June 17, 2021 Clearinghouse
9	WAIVER OF SERVICE Returned Executed by HARRIET TUBMAN FREEDOM FIGHTERS CORP, HEAD COUNT INC. LAUREL LEE waiver sent on 6/21/2021, answer due 8/20/2021. (ABUDU, NANCY) (Entered: 06/24/2021)	June 24, 2021	June 24, 2021 PACER
10	WAIVER OF SERVICE Returned Executed by HARRIET TUBMAN FREEDOM FIGHTERS CORP, HEAD COUNT INC. ASHLEY MOODY waiver sent on 6/21/2021, answer due 8/20/2021. (ABUDU, NANCY) (Entered: 06/24/2021)	June 24, 2021	June 24, 2021 PACER
11	MOTION to Appear Pro Hac Vice by Emma Bellamy.( Filing fee $ 208 receipt number AFLNDC-6149718.) by HARRIET TUBMAN FREEDOM FIGHTERS CORP, HEAD COUNT INC. (Attachments: # 1 Exhibit Certificate of good standing) (ABUDU, NANCY) (Entered: 06/24/2021)	June 24, 2021	June 24, 2021 PACER
12	MOTION for Leave to File Excess Pages by LAUREL LEE. (JAZIL, MOHAMMAD) (Entered: 06/24/2021)	June 24, 2021	June 24, 2021 PACER
13	ORDER GRANTING 12 MOTION TO EXCEED WORD LIMIT.The 12 motion is GRANTED.Signed by CHIEF JUDGE MARK E WALKER on 06/25/2021. (rcb) (Entered: 06/25/2021)	June 25, 2021	June 25, 2021 PACER
14	ORDER ADMITTING EMMA BELLAMY PRO HAC VICE.The 11 motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 06/25/2021. (rcb) Appointed EMMA CHASE BELLAMY for HARRIET TUBMAN FREEDOM FIGHTERS CORP,EMMA CHASE BELLAMY for HEAD COUNT INC (Entered: 06/25/2021)	June 25, 2021	June 25, 2021 PACER
15	MOTION to Intervene by REPUBLICAN NATIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE. (NORDBY, DANIEL) (Entered: 06/25/2021)	June 25, 2021	June 25, 2021 PACER
16	MEMORANDUM in Support re 15 MOTION to Intervene filed by NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE. (NORDBY, DANIEL) (Entered: 06/25/2021)	June 25, 2021	June 25, 2021 PACER
17	Proposed Intervenor Defendants' Proposed ANSWER to 1 Complaint, by NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE. (NORDBY, DANIEL) (Entered: 06/25/2021)	June 25, 2021	June 25, 2021 PACER
18	ORDER FOR EXPEDITED RESPONSE re 15 MOTION to Intervene - Plaintiffs shall file an expedited response on or before 7/2/2021. Signed by CHIEF JUDGE MARK E WALKER on 6/25/2021. (vkm) (Entered: 06/25/2021)	June 25, 2021	June 25, 2021 PACER
19	MOTION to Appear Pro Hac Vice by Steven C. Begakis.( Filing fee $ 208 receipt number AFLNDC-6153572.) by NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (NORDBY, DANIEL) (Entered: 06/25/2021)	June 25, 2021	June 25, 2021 PACER
20	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by LAUREL LEE. (Attachments: # 1 Memo. in Support, # 2 Exhibit A) (JAZIL, MOHAMMAD) (Entered: 06/25/2021) 1 Memo. in Support View on RECAP 2 Exhibit A View on PACER	June 25, 2021	June 25, 2021 PACER
21	ORDER ADMITTING STEVEN C. BEGAKIS PRO HAC VICE. The 19 motion is GRANTED. (Appointed STEVEN CHRISTOPHER BEGAKIS for NATIONAL REPUBLICAN SENATORIAL COMMITTEE). Signed by CHIEF JUDGE MARK E WALKER on 06/28/2021. (rcb) (Entered: 06/28/2021)	June 28, 2021	June 28, 2021 PACER
22	MOTION to Appear Pro Hac Vice by Tyler Green.( Filing fee $ 208 receipt number AFLNDC-6154359.) by NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (NORDBY, DANIEL) (Entered: 06/28/2021)	June 28, 2021	June 28, 2021 PACER
23	MOTION to Appear Pro Hac Vice by Cecilia L. Aguilera.( Filing fee $ 208 receipt number AFLNDC-6154845.) by HARRIET TUBMAN FREEDOM FIGHTERS CORP, HEAD COUNT INC. (AGUILERA, CECILIA) (Entered: 06/28/2021)	June 28, 2021	June 28, 2021 PACER
24	ORDER ADMITTING CECILIA AGUILERA PRO HAC VICE. The 23 motion is GRANTED. (Appointed CECILIA AGUILERA for HARRIET TUBMAN FREEDOM FIGHTERS CORP,CECILIA AGUILERA for HEAD COUNT INC). Signed by CHIEF JUDGE MARK E WALKER on 06/28/2021. (rcb) (Entered: 06/28/2021)	June 28, 2021	June 28, 2021 PACER
25	ORDER ADMITTING TYLER GREEN PRO HAC VICE.The 22 motion is GRANTED. (Appointed TYLER R GREEN for NATIONAL REPUBLICAN SENATORIAL COMMITTEE,TYLER R GREEN for REPUBLICAN NATIONAL COMMITTEE). Signed by CHIEF JUDGE MARK E WALKER on 06/28/2021. (rcb) (Entered: 06/28/2021)	June 28, 2021	June 28, 2021 PACER
26	NOTICE of Appearance by BENJAMIN J GIBSON on behalf of NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE (GIBSON, BENJAMIN) (Entered: 06/28/2021)	June 28, 2021	June 28, 2021 PACER
27	NOTICE of Appearance by GEORGE N MEROS, JR on behalf of NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE (MEROS, GEORGE) (Entered: 06/28/2021)	June 28, 2021	June 28, 2021 PACER
28	NOTICE of Appearance by AMBER STONER NUNNALLY on behalf of NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE (NUNNALLY, AMBER) (Entered: 06/28/2021)	June 28, 2021	June 28, 2021 PACER
29	MOTION to Appear Pro Hac Vice by Michelle E. Kanter Cohen.( Filing fee $ 208 receipt number AFLNDC-6158190.) by HARRIET TUBMAN FREEDOM FIGHTERS CORP, HEAD COUNT INC. (KANTER COHEN, MICHELLE) (Entered: 06/29/2021)	June 29, 2021	June 29, 2021 PACER
30	ORDER ADMITTING MICHELLE KANTER COHEN PRO HAC VICE. The 29 motion is GRANTED. (Appointed MICHELLE E KANTER COHEN for HARRIET TUBMAN FREEDOM FIGHTERS CORP MICHELLE E KANTER COHEN for HEAD COUNT INC). Signed by CHIEF JUDGE MARK E WALKER on 06/30/2021. (rcb) (Entered: 06/30/2021)	June 30, 2021	June 30, 2021 PACER
31	STIPULATED PROTECTIVE ORDER. The 108 motion in 4:21cv186-MW/MAF is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 06/30/2021. (rcb) (Entered: 06/30/2021)	June 30, 2021	June 30, 2021 Clearinghouse
32	Corporate Disclosure Statement/Certificate of Interested Persons by HARRIET TUBMAN FREEDOM FIGHTERS CORP, HEAD COUNT INC. (ABUDU, NANCY) (Entered: 07/01/2021)	July 1, 2021	July 1, 2021 PACER
33	PLAINTIFFS' RESPONSE IN OPPOSITION TO MOTION TO INTERVENE. (ABUDU, NANCY) Modified to edit title on 7/6/2021 (rcb). (Entered: 07/02/2021)	July 2, 2021	July 2, 2021 PACER
34	ORDER GRANTING 15 MOTION TO INTERVENE.The 15 motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 07/06/2021. (rcb) (Entered: 07/06/2021)	July 6, 2021	July 6, 2021 RECAP
35	ORDER EXTENDING DEADLINES. All parties in each of the four cases must meet for a joint scheduling conference on or before 7/9/2021 and file a corresponding Rule 26 report on or before 7/22/2021. Signed by CHIEF JUDGE MARK E WALKER on 07/06/2021. (rcb) (Entered: 07/06/2021)	July 6, 2021	July 6, 2021 PACER
36	PLAINTIFFS' MOTION FOR AN EXTENSION OF TIME TO RESPOND TO DEFENDANT LAUREL LEES MOTION TO DISMISS. (Attachments: # 1 Text of Proposed Order) (ABUDU, NANCY) Modified to edit title on 7/7/2021 (rcb). (Entered: 07/07/2021)	July 7, 2021	July 7, 2021 PACER
37	ORDER GRANTING 36 EXTENSION. The motion is GRANTED. Plaintiffs may respond to Defendant Lee's motion to dismiss on or before 7/16/2021. Signed by CHIEF JUDGE MARK E WALKER on 07/07/2021. (rcb) (Entered: 07/07/2021)	July 7, 2021	July 7, 2021 PACER
38	NOTICE of Appearance by DANIEL JOSEPH SHAPIRO on behalf of NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE (SHAPIRO, DANIEL) (Entered: 07/08/2021)	July 8, 2021	July 8, 2021 PACER
39	NOTICE of Appearance by WILLIAM HENRY STAFFORD, III on behalf of ASHLEY MOODY (STAFFORD, WILLIAM) (Entered: 07/09/2021)	July 9, 2021	July 9, 2021 PACER
40	NOTICE of Appearance by BILAL AHMED FARUQUI on behalf of ASHLEY MOODY (FARUQUI, BILAL) (Entered: 07/12/2021)	July 12, 2021	July 12, 2021 PACER

Case: Harriet Tubman Freedom Fighters v. Lee

4:21-cv-00242 | U.S. District Court for the Northern District of Florida

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