Join the Fight Against HB1
Together with the Southern Poverty Law Center, Community Justice Project, and Jenner & Block as co-counsels to a coalition of eight cities across Florida, Public Rights Project filed a lawsuit challenging the anti-local democracy bill HB1 – now we need your help to amplify our collective challenge.
Download and share the campaign artwork below along with what’s at stake for you, your family, and community under Florida’s HB1.
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What is Florida’s HB1?
In April 2021, the Florida legislature enacted the Combating Violence, Disorder and Looting and Law Enforcement Protection Act, also known as HB1. Governor DeSantis was explicit: HB1 was a direct response to—and a means to oppose—the summer 2020 Black-led protests advocating for racial justice and an end to police violence.
HB1 not only strips the power of local governments to control their own budgets—including reducing or reallocating law enforcement budgets to fund social services—but threatens the community with criminal sanctions for protests, violating our First Amendment right to Free Speech, and forces municipalities to crack down on public dissent (or risk huge financial penalties threatening essential community services).
Decades of local organizing and the mobilization of the Movement for Black Lives, coupled with the fury and protests ignited by the murder of George Floyd, has catalyzed significant momentum for police reform in our country. But police reform can’t happen if Governors like DeSantis preempt the power of local governments, and actively undermine calls from the community for lawmakers to uphold their constitutional promise — to serve “we the people.”
While preemption is inherently a neutral tool — where a higher level of government restricting the ability of a lower level of government — here in HB1 it’s dangerous, unconstitutional, and racist. HB1 undermines local governments’ autonomy and silences Florida residents’ ability to call for change in their community – particularly people of color, who stand to lose the most. By inserting himself into local-decision making, the DeSantis Administration actively harms cities and violates the Florida Constitution.
The Dire Threat of Preemption in Florida
HB1 is an example of abusive state preemption. While preemption is a threat nationwide, it is used most frequently in Southern states. A recent report by the Economic Policy Institute found that the “use of preemption in the South is deeply intertwined with a long history of events and actions that have reinforced anti-Black racism and white supremacy.”
“HB1 targets Black protestors and their allies who demand racial justice and has already slowed protest activity among Black organizers in Florida.
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HB1 represses ideas and movements that run counter to the will of the DeSantis Administration. Through HB1, DeSantis and the Florida legislature seek to stifle police reform in any iteration across the state — despite the fact that the Florida Constitution enshrines the rights of cities and municipalities to practice local control, also known as “home rule.” This right to self-govern at a local level is vital – local officials are closest to the people, and local governments make many of the decisions that impact our day-to-day lives.
This is all about killing grassroots movements led by communities of color. Through preemption, the Florida Legislature is canceling out community calls for reform and every effort to rectify racial injustice embedded in our policing system.
Worse yet? The threat of state preemption also deters other cities from considering such reforms in the first place and many cities are scared to cross the DeSantis Administration for fear of losing funding or other retaliation.
Municipalities across Florida—despite public outcry—have been unable to pursue common-sense police reform because HB1 stifles their efforts and fosters a vindictive political climate. The Gainesville Mayor said that HB1 has put a “target on the backs of cities.”
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Legal HB1 Case Updates in Gainesville et al v. DeSantis et al
Public Rights Project, the Southern Poverty Law Center, Community Justice Project, and Jenner & Block as co-counsels to a coalition of eight cities across Florida filed an opposition to Florida governor Ron DeSantis’ motion to dismiss the coalition’s complaint challenging the anti-local democracy bill HB 1. The coalition includes the City of Gainesville, the City of Lake Worth Beach, the City of Lauderhill, the City of Miramar, the City of North Miami, the City of North Miami Beach, the City of Tallahassee, and the City of Wilton Manors. Alongside numerous anti-protest provisions, HB 1 allows state officials to meddle in local budgets and override local government's decisions on how to allocate municipal spending. The plaintiffs argue that HB 1's infringement on local government power is unconstitutional under the Florida Constitution's protection of local home rule.
June 29, 2022
Our opposition explains how DeSantis, and his fellow defendants, incorrectly and inartfully attempt to discredit the complaint and that the court should therefore deny the defendants’ motion to dismiss. The coalition has standing to bring its challenge to HB 1 as the threat of state interference in municipal budgets presents current challenges to coalition members. Our opposition also details how the complaint’s original claims are sufficient to permit court review and that all named defendants are correct parties.
6.29.22 Plaintiff's Consolidated Opposition to Defendants' Motions to Dismiss
November 16, 2021
