A federal jury in Florida on June 1 found Miami Commissioner Joe Carollo liable in a federal civil lawsuit brought by two businessmen who accused him of using his office to harass them after they supported the commissioner’s political opponent.
In Fort Lauderdale federal court, the jury found Carollo guilty of violating the First Amendment rights of businessmen William Fuller and Martin Pinilla, the operators of a string of businesses along the Little Havana business corridor that include the iconic Ball & Chain nightclub.
The six-member jury awarded $8.6 million in compensation and $25.7 million in punitive damages to Fuller, as well as $7.3 million in compensation and $21.9 million in punitive damages to Pinilla. That totals roughly $63.5 million in damages.
Carollo’s attorney, Benedict Kuehne, said in a statement that he and his client are disappointed with the verdict and plan to appeal. The city of Miami wasn’t named in the lawsuit but covered Carollo’s nearly $2 million in legal fees.
Attorneys for Fuller and Pinilla claimed that Carollo infringed on their free speech rights by weaponizing police and code enforcement to harass them and damage their reputations after they supported his political opponent, Alfonso “Alfie” Leon, in the city commission race in 2017.
Carollo’s attorney said the commissioner wasn’t specifically targeting Fuller and Pinilla but working for the betterment of his district.
Reactions
“Once and for all, it feels great to finally smush that cucaracha,” Fuller said in a news conference following the verdict. "When these people try to rise you need to stop them. You need to fight back. That’s what our U.S. Constitution allows us to do, and that’s what Martin and I did.”Fuller called the verdict “a victory for the small people.”
Fuller added: “The small group of select individuals that he has worked with in the city of Miami, they’re also corrupt. And each and every one of them came up here over the last few days and lied and invented these stories to be able to support this man so they could protect their jobs. This is the way you empower bad people and dictators in our world to rise.”
Pinilla said what Carollo “has done to us, to our businesses, to our employees is wrong.”
“He does not deserve to be an elected official,” Pinilla said.
The plaintiffs’ attorneys called the decision a victory for the First Amendment.
“The message has been sent loud and clear,” attorney Courtney Caprio said. “Our elected officials cannot punish those who oppose them.”
Carollo did not comment after the verdict because of a gag order in effect at the time.
Later, his attorneys released a statement saying, “Commissioner Carollo and his legal team thank the jury for their service. We are disappointed with the result. Commissioner Carollo will seek to exercise all legal rights available to him, including appellate review.
Unlike the Plaintiffs who seem to have now resorted to disparaging comments about the Commissioner and City of Miami Employees, the Commissioner will continue to serve all citizens of District 3 and the City of Miami fairly and equally in protecting health, safety, and quality of life,” the statement read.
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