U.S. judge rightly blocks law that muzzles elected officials in Florida
On Feb. 28, U.S. District Judge Beth Bloom issued an injunction on Florida’s ban on paid lobbying by elected officials while in public office. The injunction temporarily suspends enforcement of a portion of a constitutional amendment approved 2018.
The amendment, which took effect on Dec. 31, 2022, bars officeholders from lobbying or representing another person or entity for compensation before any government agency. Bloom let stand the portion that imposes a six-year lobbying ban on former elected officials, and it is limited to the government where they served.
This ruling is a victory for all defenders of the First Amendment, especially a citizen’s constitutional right to petition their government. The U.S. Constitution prevents government from making laws that regulate an establishment of religion, prohibit the free exercise of religion or abridge the freedom of speech, the press and assembly, or the right to petition the government for redress of grievances.
This law not only would have restricted sitting elected officials from petitioning government, it would also have restricted groups from having the ability to hire experienced professionals whom they choose to represent them by excluding all who are serving in public office.
For example, I have worked in healthcare virtually my entire career. I served in the Florida
Legislature for 18 years, both in the House and the Senate, where I chaired the healthcare and appropriations committees. I now represent my community on the MiamiDade County Commission. As a result, I have unique expertise to offer in the field of healthcare policy, but would be barred from providing representation to organizations if this law were to stand.
As Bloom noted in her motion, the law is overly broad, not because my own rights of free expression are violated, but because the law has the potential of affecting others not part of the suit, in which I was a plaintiff, from refraining from constitutionally protected speech.
In fact, the law has already had a chilling effect, with some elected officials having to make a difficult decision as to whether to continue in public service or resign to continue to advocate on behalf of nonprofits and other businesses at any level of government.
I applaud Judge Bloom for her ruling defending the U.S. Constitution and, especially, the First Amendment.
Rene Garcia represents District 13 on the Miami-Dade County Commission.