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Judge Dismisses DiMaio Lawsuit
Posted May 28, 2008 by William March
Updated May 28, 2008 at 12:45 PM
A federal judge this morning dismissed a lawsuit by Tampa Democratic Party activists Victor DiMaio and Mike Steinberg challenging the national Democratic Party’s decision to ban Florida’s convention delegation because of the state’s too-early primary.
After hearing about an hour of legal arguments from Steinberg, representing DiMaio, and attorneys for the Democratic National Committee, Judge Richard Lazzara granted a motion by the DNC attorneys for dismissal, declining to hold any further hearing on the facts of the case.
DiMaio and Steinberg, who is also chairman of the Hillsborough County Democratic Party, vowed to appeal—even though their lawsuit could quickly become moot. A committee of the Democratic Party will consider Saturday whether to uphold or modify its earlier decision to ban the Florida and Michigan delegations.
DiMaio had alleged the national party’s schedule for primaries, which the Florida Legislature violated by setting the state’s primary Jan. 29, discriminated on the basis of race. That schedule allowed South Carolina and Nevada to hold early primaries, before Feb. 5, in part because of the large black population in South Carolina and the Hispanic population in Nevada.
But Lazzara ruled that political parties have a right recognized by courts to set their own rules for picking the national convention delegates that choose their presidential nominees. He said the Democratic Party’s schedule didn’t amount to “invidious discrimination,” nor did it show any intent to discriminate against Florida voters.
He said the party’s scheduling of primaries was a political decision, and that a court isn’t the appropriate place to contest it.
“I don’t live in a cave and I know that there are many people out there who are disgruntled” by the national party’s sanctions against Florida, Lazzara said in announcing his decision.
But, he added, “The Democratic National Committee put everyone on notice that these were the rules everyone had to live by,” Lazzara said in announcing his decision. “the Florida Legislature in its infinite wisdom, for whatever reason, decided to ignore those rules.”
The DiMaio lawsuit is one of several on the issue.
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Reader Comments
Por (Cheryl Costello) on May 28, 2008 (Suggest removal)
Maybe this whole system needs to be either shut down and started over or defragmented from all these bullsh*t laws that make the Constitution useless and inadequate. And where did these MAGIC “Super Mario” delegates come from all of a sudden anyway??
Suggest removalPor (Democrat Democrat) on May 28, 2008 (Suggest removal)
How dare the DNC, who are not even elected officials, tell us when we can hold our elections! This is a states rights issue! Florida government gets to make the desision on when we hold elections not some Fat Cat at the DNC!
Sign me, another Democrat for McCain!
Suggest removalPor (L S) on May 28, 2008 (Suggest removal)
The judge made the correct decision. these parties have control on when and where they want to do stuff. I would contend that the 45 delegates Pureto rico gets over a state like Montana and R/R is not a state is racially bias. Go figure that one. So using the race card is moot and Barrack and Hillary agreed not to campaign but they did not hesitate to ask for money. I knew my vote would not count so I did not vote for either of them. I concentrated and voted for other relevant issues on the ballot like the tax portability law.
Suggest removalPor (Jan Lentz) on May 28, 2008 (Suggest removal)
This whole case is based on the fact that the Democratic party DID NOT give prior written notice to all registered Democrats that their votes would not count if they did vote January 29th. Florida Democrats therefore voted, in good faith, at the election scheduled and held by Florida election officials, on the basis that they were not notified in advance and in writing by the Florida Democratic Party. They failed to do their duty in this critical matter, and may not disregard those votes as a result!
DNC, you can’t have your cake and then eat it!
Suggest removalPor (deb carter) on May 28, 2008 (Suggest removal)
How are you complainers!!! All Floridians knew their votes would not count. Don’t cry now because Hillary is going to lose against Barack Obama. Go back in your archives you crying racist democrats and bring up the news article and video of Hillary when she was winning expressing how Florida and Michigan votes would not count. Don’t cry now, you might sound pathetic like her.
OBAMA 2008!!
Suggest removalPor (Jacque Campbell) on May 29, 2008 (Suggest removal)
The DNC needed and still needs to protect voter’s rights first. They should never have put a timeline when anyone could vote anyway. The CHANGE has caused this mess. Michigan and Florida didn’t cause this.
Suggest removalWe have Presidential candidates Dems. or Reps. that STILL think what is happening in Florida and Michigan is ok. I will not vote for either because our voters rights were taken away without any fault of our own.
As far as I an concern if is not all the votes counted to what we had voted then this will be a sad day in this nation. This is the only resolution that makes any kind of sense.
No compromising. That is still taking voters rights away.