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Petition to Dismiss Case Related to Water Contamination Meeting

Photography by Stel Bailey


City of Satellite Beach Petitions Judge Paulk to Dismiss Sunshine Violation Case Related to Water Contamination Meeting

May 11, 2020 | Fight For Zero, Inc
team@fight4zero.org 
321-351-8331

Satellite Beach, FL, May 11, 2020 -- Cancer survivors and concerned citizens had their first hearing one year and six months after being closed out of a meeting concerning contaminated water and cancer rates in Satellite Beach, Florida.  

The City of Satellite Beach is moving to dismiss the case, stating that there is no allegation that the Councilmembers ever debated, discussed, or decided any public issue at any non-public meeting. Although, Mayor Frank Catino stated on public record at a September 19, 2018 city council meeting that the meeting was about contaminated water concerns.


The meeting was initially called a "workshop" that was public, but on the day of the meeting, the City abruptly canceled the workshop. When citizens showed up to the meeting, they were met with police officers and told it was a "private meeting" and escorted outside. However, they allowed one resident into the meeting, who later mailed an 11-page threatening packet to one of the plaintiff's homes. It was discovered through public records that the packet was printed by the City Manager's assistant on November 19, 2018, at the city hall.


Attendees emailed Chief Pearson on September 20, 2018, asking if the meeting was under investigation in which he replied it was not. However, in public records, Commander Berrios instructed police officers not to file an incident report or accept statements. Attendees also tried to contact State Attorney Phil Archer, who would not investigate. 


Every Council member, when elected, goes through Sunshine Law training. The City of Satellite Beach had training on August 8, 2018, a month before this meeting violation, with attorney Cliff Shepard, the same attorney now representing them in this case.


The hearings took place via phone conference because of the Covid-19 pandemic. The first hearing was to have any verbiage discussing why the meeting initially took place, water contamination, and cancer concerns, stricken out of the original complaint. A few days later, the motion to dismiss was presented, but Judge Paulk needed time to review the case more in-depth before making a decision. The decision should be made in the next two weeks.


About Fight For Zero: We are a nonprofit organization in the state of Florida with a mission to improve the quality of life for Floridians and future generations by fighting for zero pollution in the water, air, and soil. We formed in December 2018 to support local organizing for clean, toxic-free water and health-protecting through the sharing of stories, information, experiences, references, data, and connections with experts in their fields.


Media Coordinator: Hannah Catherine at team@fight4zero.org or 321-351-8331

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