The American Civil Liberties Union of Florida and Southern Poverty Law Center filed a lawsuit against the City of Tallahassee over its fire services fee, which they claim is an unconstitutional form of taxation that disproportionately impacts low-income and minority residents.
The lawsuit, filed in the Second Judicial Circuit in Leon County, Florida, challenges the fee collected as a hidden charge on monthly utility bills, according to an ACLU press release. The organizations argue the fee unfairly burdens Black and Hispanic residents, students, and renters who face severe penalties, including utility shutoffs, collections procedures, liens, and potential foreclosure for non-payment.
The fee structure creates two zones with different rates, according to the press release. An “inner” zone that is more racially diverse and lower-income pays higher fees, while an “outer” zone that is predominantly white and higher-income pays lower rates.
Nicholas Warren, ACLU of Florida staff attorney, said in part,
“This regressive tax is as illegal as it is unjust. As living costs keep rising, the mayor and city commissioners chose to increase a charge that exacerbates inequality and falls hardest on our neighbors who are most under strain.”
The organizations claim the city lacks authority under the Florida Constitution to levy such a fee. Article VII, Section 1 of the Florida Constitution prohibits local governments from creating new forms of taxation, reserving that power for the state, according to the press release.
The lawsuit was filed on behalf of Tallahassee residents Dorothy Inman-Johnson, Deborah Cozart-Hawkins, and Jamila Robinson, as well as Citizens for Government Accountability.
The lawsuit seeks to end the city’s fire services fee collection, cease enforcement actions, and halt all debt collection and utility shutoff procedures related to unpaid fees.
To read the full complaint, click here.
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