Saturday, November 18, 2006

Facially Valid Equal Protection Claims Must be Heard in Enforcement Proceedings

In Powell v. City of Sarasota, here's the link,,%202006/2D05-4850.pdf, the Second DCA held that a nuisance abatement board violated the law by not permitting a defence of race-based selective enforcement, and that the Circuit Court violated the essential requirements of law in not overturning on that basis.

While the court cited the statute, which requires that a defendant be permitted the opportunity to present evidence in defense, this is clearly a due process requirement as well.

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