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File ID: #8274
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Resolution
Sponsored by: Commissioner Ken Russell
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY OF
MIAMI ("CITY") TO FILE AN AMICUS CURIAE BRIEF ON REHEARING IN THE
MATTER OF ROBERT W. OTTO, ET AL. V. CITY OF BOCA RATON, FLORIDA, AT
AL., CASE NO. 19-10604, PENDING BEFORE THE UNITED STATES COURT OF
APPEALS FOR THE ELEVENTH CIRCUIT IF THE DEFENDANT MUNICIPALITIES
SEEK REHEARING; FURTHER AUTHORIZING THE CITY TO FILE AN AMICUS
BRIEF IN SUBSEQUENT PROCEEDINGS BEFORE THE SUPREME COURT OF THE
UNITED STATES, IF ANY.
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Resolution www.miamigov.com
Enactment Number: R-20-0403
File Number: 8274 Final Action Date:12/10/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY OF
MIAMI ("CITY") TO FILE AN AMICUS CURIAE BRIEF ON REHEARING IN THE
MATTER OF ROBERT W. OTTO, ET AL. V. CITY OF BOCA RATON, FLORIDA, AT
AL., CASE NO. 19-10604, PENDING BEFORE THE UNITED STATES COURT OF
APPEALS FOR THE ELEVENTH CIRCUIT IF THE DEFENDANT MUNICIPALITIES
SEEK REHEARING; FURTHER AUTHORIZING THE CITY TO FILE AN AMICUS
BRIEF IN SUBSEQUENT PROCEEDINGS BEFORE THE SUPREME COURT OF THE
UNITED STATES, IF ANY.
WHEREAS, on October 13. 2016, the City Commission adopted Ordinance No. 13638,
which enacted Section 37-13 of the Code of the City of Miami, Florida, as amended, titled
"Conversion Therapy" ("Miami Conversion Therapy Ordinance"); and
WHEREAS, the Miami Conversion Therapy Ordinance prohibits, with certain defined
exceptions, any counseling, practice, or treatment performed on minors with the goal of
changing a person's sexual orientation or gender identity including, but not limited to, efforts to
change behaviors, gender expression, or to reduce or eliminate sexual or romantic attraction or
feelings toward a person of the same gender; and
WHEREAS, the Miami Conversion Therapy Ordinance was based on empirical data
concluding that such practices have serious detrimental impacts on minors; and
WHEREAS, the City of Boca Raton and Palm Beach County ("Neighboring
Municipalities") have enacted ordinances that similarly prohibit such "conversion therapy" on
minors; and
WHEREAS, in 2018, litigation styled Robert W. Otto, et al. v. City of Boca Raton, Florida,
et al., Case No. 9:18-cv-80771-RLR, was brought in the United Stated District Court for the
Southern District of Florida, which challenged the Neighboring Municipalities' conversion
therapy ordinances, including on grounds that the ordinances violated the plaintiffs' First
Amendment right to freedom of speech; and
WHEREAS, the United States District Court initially ruled in favor of the Neighboring
Municipalities denying the plaintiffs' request for injunctive relief and upholding the
constitutionality of the Neighboring Municipalities' conversion therapy ordinances; and
WHEREAS, the plaintiffs took an appeal styled Robert W. Otto, et al. v. City of Boca
Raton, Florida, et al., to the United States Court of Appeals for the Eleventh Circuit, Case No.
19-10604 ("Case"); and
WHEREAS, on November 20, 2020, the United States Court of Appeals for the Eleventh
Circuit ("Appellate Court") issued its opinion which invalidated the Neighboring Municipalities'
conversion therapy ordinances on First Amendment grounds; and
WHEREAS, it is in the best interest of the City of Miami ("City") that the Neighboring
Municipalities' conversion therapy ordinances are upheld as constitutional because those
ordinances are similar to the Miami Conversion Therapy Ordinance; and
WHEREAS, should the Neighboring Municipalities (or either of them) petition for
rehearing and/or rehearing en banc in before the Appellate Court, the City desires to support
their efforts to uphold the constitutionality of their conversion therapy ordinances; and
WHEREAS, should the Neighboring Municipalities (or either of them) petition for
rehearing and/or rehearing en banc in the Appellate Court, the City Commission authorizes the
City to file an amicus curiae brief in support of the Neighboring Municipalities (or either of them)
and advocate for rehearing and/or rehearing en banc in the Appellate Court; and
WHEREAs, should there be any subsequent proceedings before the United States
Supreme Court ("Supreme Court"), the City Commission further authorizes the City to file an
amicus curiae brief before the Supreme Court in this matter;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission affirms the City's desire, should the Neighboring
Municipalities (or either of them) petition for rehearing and/or rehearing en banc in the Appellate
Court, to file an amicus curiae brief in support of the Neighboring Municipalities (or either of
them) and advocating for rehearing or rehearing en banc the Case now pending in the Appellate
Court.
Section 3. The City Commission further authorizes the City to file an amicus curiae brief
in any subsequent proceedings before the Supreme Court in this matter.
Section 4. This Resolution shall become effective immediately upon adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i endez, City Httor iey 11/30/2020
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.