Fines for Lying Legal in Miami-Dade: Judge
Appeals court rules anti-lying law is constitutional
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MIAMI - SEPTEMBER 17: Miami-Dade County Mayor Carlos Alvarez speaks during a press conference as he defends his budget policies before a commission meeting to come up with a final budget for Miami-Dade county on September 17, 2009 in Miami, Florida. The Mayor used the opportunity to defend himself and lash out at some of the media on reports that he gave raises to executives, police and firefighters as the county faces a budget crunch. (Photo by Joe Raedle/Getty Images) *** Local Caption *** Carlos Alvarez
If honesty is the best policy, then it's officially become a good business practice in Miami-Dade.
An appeals court ordered a federal judge Monday to dismiss a complaint that claimed a Miami-Dade County ordinance making it a crime punishable by fines and jail to lie during petition drives is unconstitutional.
The anti-lying law was enacted in 2008 by the County Commission to combat a petition drive by Mayor Carlos Alvarez, who was trying to get more power for the mayor's office. The law basically makes it a criminal offense for petitioners to intentionally lie to induce voters to sign a petition.
Well lying seems to be a staple of a politician's bag of tricks, particularly locally, so of course they were going to put up a fight.
Former Miami Beach Mayor David Dermer challenged the county's ruling and initially won an appeal to keep politicians lying without fear of punishment.
U.S. District Judge Alan Gold that struck down the ordinance. He had ruled that the threat of arrest acts as a deterrent to free speech and violates the First Amendment.
Last we checked, lying isn't quite covered under the First Amendment.
So now lying is once again a no no, at least for petitioners. Now, if we could only get local politicians to follow suit.
Copyright Associated Press / NBC 6 Miami
Posted Monday, Mar 15, 2010 - 3:34 PM EST
