Ball & Chain owners ask court to remove Joe Carollo from Miami City Commission
A week after Miami Commissioner Joe Carollo wondered aloud if two Little Havana businessmen who sued him successfully for tens of millions of dollars would like to further punish him — their answer is a resounding yes.
William “Bill” Fuller and Martin Pinilla this week filed a lawsuit in Miami-Dade Circuit Court asking that Carollo be removed from office because he willfully violated a provision in the city charter by hindering their right to free speech. They also asked the court to return a verdict within 30 days.
“The thought process is clear: The city and Joe continue to spend millions of dollars against us in a campaign to destroy our businesses and lives,” Fuller said. “This is what we’ve always internally understood and discussed in the event that Joe was found liable.”
The duo’s lawsuit argues that when federal judge Rodney Smith of the Southern District of Florida signed off earlier this month on a jury verdict that determined Carollo had violated the men’s First Amendment rights and awarded them $63.5 million last spring, it triggered a section of the Citizens’ Bill of Rights, which is embedded in the city charter.
READ MORE: It’s time to collect on $63.5M verdict against Miami commissioner Joe Carollo, court says
The Citizens’ Bill of Rights prohibits elected officeholders from interfering with free speech, assembly and the press. And if an official does, the bill says, “Any public official, or employee who is found by the court to have willfully violated this section shall forthwith forfeit his or her office or employment.”
The legal maneuver came a week after Carollo asked if Fuller and Pinilla would like to take blood from him or have him stand before a firing squad, after Smith said the business duo could begin trying to collect the commissioner’s assets. The city began garnishing 25 percent of Carollo’s yearly $100,000 or so income in December.
Carollo: No legal standing for case
Wednesday, Carollo said the men don’t live in Miami and have no standing despite the lawsuits claims. He also argued he was “being held hostage” by the federal court that has yet to rule on several motions, blocking him from appealing the federal civil court verdict.
“We are still in the United States of America. We’re not in Moscow or one of these foreign dictatorships,” said Carollo. “There is something called due process that I’ve not been given,” said Carollo.
His attorney Ben Kuehne said the complaint has no merit.
“Mr Carollo will fully review this next frivolous complaint that raises no legal claims and will be dismissed by the courts,” he said.
Fuller and Pinilla initially filed a lawsuit against Carollo in federal civil court in 2018. They argued the commissioner violated their First Amendment rights and “weaponized” city resources, which targeted their reputations and several of their businesses along Little Havana’s busy Southwest Eighth Street.
They said Carollo focused in on them after they publicly supported his political opponent, Alfonso “Alfie” Leon, for a commission seat in late 2017, an election Carollo won in a runoff.
$63.5 million verdict against Carollo
Last June, a jury agreed and awarded the two businessmen a stunning $63.5 million verdict. Two weeks ago, Judge Smith signed off on the verdict, freeing up the men to try and collect Carollo’s assets.
READ MORE: Big, expensive legal loss for Joe Carollo. Jury awards Miami businessmen $63.5 million
Fuller and Pinilla have filed a number of other lawsuits against Carollo and the city. A notable one was filed in federal court in 2021, in which they’re seeking damages from revenue lost when the city forced them to shut down their main business, the Ball & Chain restaurant and nightclub in October 2020. The city revoked the club’s occupational license and it was closed for about a year. A trial date is set for April.
In response to that lawsuit, the city countersued Fuller and Pinilla last week, contending they violated the Florida Racketeer Influenced and Corrupt Organization, or RICO Act. The city’s lawsuit argues that the men have gained an unfair advantage over competition by refurbishing and remodeling properties without seeking permits and by avoiding paying taxes.
Also, late last year Fuller and Pinilla filed a virtual copy-cat lawsuit against the city of Miami and more than two dozen employees, including City Manager Art Noriega and City Attorney Victoria Mendez. The lawsuit lists 13 businesses operated by Fuller and Pinilla as plaintiffs and seeks to cover the cost of damages.
