Buddy Dyer, the Mayor of Orlando, wants to declare all of downtown Orlando to be a “gun free zone” but is upset that he cannot do so, thanks to the state’s preemption law.
Dyer said there will be access checkpoints on Friday and Saturday evenings downtown to limit how people can enter the downtown area. The city said patrons will have to go through metal detectors and a weapons check at these checkpoints before walking into the access areas.
I believe that this zone is a clear violation of Florida’s preemption law. What’s more is that violating this law places Orlando and any of its officials at risk of a lawsuit. Even more, since the quote in this news article shows that the mayor knew it was illegal to do so, he becomes liable to any taxpayer whose rights are violated.
If any county, city, town, or other local government violates this section, the court shall declare the improper ordinance, regulation, or rule invalid and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, or rule. It is no defense that in enacting the ordinance, regulation, or rule the local government was acting in good faith or upon advice of counsel.
If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred.
So my question here is this: Are there any pro gun organizations who are willing to take this on?