The dispute over fitness equipment in a downtown Miami park was supposed to be decided at the ballot box, but will now be decided in court.
A group of voters in Miami filed a lawsuit on Sunday seeking to have a referendum on fitness equipment removed from the Aug. 20 ballot.
The referendum will ask voters whether the fitness equipment already installed in Maurice Ferré Park should remain where it is.
The city’s Planning, Zoning and Appeals Committee had previously stated that the necessary permit was not available to install the devices.
The fitness equipment in the park is currently closed.
The referendum, entitled “Retention of installed outdoor fitness equipment in Maurice A. Ferré Park,” states:
“Should the City of Miami retain outdoor fitness equipment already installed, as in many of our parks, at the City Park at 1075 Biscayne Boulevard, Miami, FL 33132, also known as Maurice A. Ferré Park, to enhance recreational facilities and promote the health and fitness of all our residents?”
The lawsuit filed by a group of six residents seeks to have the referendum removed from the electoral list and to prevent the counting and publication of the results.
The lawsuit alleges that the referendum violates Miami’s zoning code and Florida’s election laws, as well as state law requiring clear and unambiguous language on ballots.
“The wording of Referendum 3 omits important information and is unclear and misleading to voters,” the lawsuit states. “For example, the wording on the ballot does not communicate to voters whether the referendum is binding or non-binding, what official actions, if any, may result from the referendum, and contains unlawful editorial commentary intended to suggest the city’s desired election outcome.”
Miami Commissioner Joe Carollo is leading the fight to preserve the fitness equipment.
“Why are there outdoor fitness equipment in over 40 parks in Miami City? People use it all the time and have no problems with it, but in this park, they say, no one would use it, they don’t want it,” Carollo said.
The Miami-Dade Elections Office released a statement on the lawsuit on Monday.
“The Miami-Dade County Board of Elections is aware of the lawsuit, but has not yet served it on us. Once we receive it, we will review the complaint with the County Attorney’s Office and take appropriate action,” the statement said.
