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Orlando Business Journal, June 16, 2008

Group files suit to put growth vote on ballot

Florida Hometown Democracy Inc. has filed a federal lawsuit against the state of Florida claiming the state unconstitutionally blocked its growth-management initiative from being placed on the Nov. 4 ballot.

The lawsuit was filed by Florida Hometown Democracy founder Lesley Blackner in the Southern District of Florida and named Florida Secretary of State Kurt Browning as the defendant.

Florida Hometown Democracy submitted 820,034 signatures on a petition to place a growth-management amendment on the ballot by the Feb. 1 deadline. Of that amount, the state validated 595,368 of the names on the petition, just short of the 611,009 needed.

Blackner argues the state's Feb. 1 petition deadline is unconstitutional because it:

- Serves no legitimate state interest.

- Differs from the certification deadlines imposed on other methods for
amending the Florida Constitution.

- Interferes with Floridians' rights to associate with others for the
advancement of their political beliefs.

- Interferes with Floridians rights to cast their votes effectively.

Blackner also contends that the validation of signatures was not consistent throughout Florida's 67 counties.

Orlando-based Floridians for Smarter Growth, a coalition of business interests, opposes Florida Hometown Democracy's amendment. Ryan Houck, executive director of the organization, calls Blackner's lawsuit hypocritical because the Feb. 1 deadline was adopted by voters in 2004.

"On one hand, they're campaigning on the mantra of empowering voters, and on the other hand they're asking a federal judge to overturn theexpress will of the people," Houck says.

Blackner has hired Gary Sinowski, a noted ballot access attorney, to serve as the group's lead counsel in the lawsuit.

Florida Hometown Democracy wants to require cities and counties to get voter approval for all changes to their comprehensive land use plans, the document that guides all development in a community. Florida Hometown Democracy contends the plans are changed at the behest of developers with little input from citizens.