In the Circuit Court of the Fourth Judicial Circuit
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IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA
ADAM UNCLE AND STEVE FARRELL,
Plaintiff, v. CASE NUMBER:
RONNIE FUSSELL, as Clerk of the Circuit Courts of Duval County, Florida, in his official capacity,
Defendant. ______/
DEFENDANT’S ANSWER AND AFFIRMATIVE DEFESNES
Defendant, RONNIE FUSSELL, as Clerk of the Circuit Courts of Duval County, Florida, in his official capacity, by and through the undersigned attorney, hereby gives his Answer and
Affirmative Defenses to the Plaintiff’s Complaint and states as follows:
GENERAL STATEMENT OF FACTS
1. Admit that the Clerk ceased conduction marriage ceremonies in January of 2015.
Otherwise, denied.
2. Admit that a specific room was used. Otherwise, denied.
3. Admit.
4. Without knowledge, therefore denied.
5. Admit.
6. Admit.
7. Admit.
8. Without knowledge, therefore denied. 9. Without knowledge, therefore denied.
10. Denied.
11. Without knowledge, therefore denied.
12. Without knowledge, therefore denied.
13. Admit.
14. Admit.
COUNT I: VIOLATION OF FREEDOM OF EXPRESSION RIGHTS UNDER THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION (42 U.S.C. § 1983)
15. The Defendant reasserts its previous answers to the realleged paragraphs.
16. Without knowledge, therefore denied.
17. Denied.
18. Denied.
19. Denied.
20. Without knowledge, therefore denied.
21. Denied.
COUNT II: VIOLATION OF EQUAL PROTECTION AND PROCEDURAL DUE PROCESS RIGHTS UNDER THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION
22. The Defendant reasserts its previous answers to the realleged paragraphs.
23. Without knowledge, therefore denied.
24. Denied.
25. Denied.
26. Without knowledge, therefore denied.
27. Denied. COUNT III: NEGLIGENCE
28. The Defendant reasserts its previous answers to the realleged paragraphs.
29. Denied.
AFFIRMATIVE DEFENSES
30. The Plaintiff has failed to state a claim upon which relief can be granted as to all three
counts.
31. The Defendant is entitled to sovereign immunity.
32. The decision of the Clerk on whether to hold wedding ceremonies is a political question
not subject to judicial review.
33. The Defendant’s refusal to conduct wedding ceremonies is not discriminatory as it
applies equally to all classes of people.
34. The Defendant owes no duty of care to the Plaintiffs individually, but only to the public
in general.
35. The Defendant has not abridged free speech by refusing to conduct wedding
ceremonies; instead, it has only limited its own speech.
DATED this 24th day of January, 2015.
______Adam Talley, Esq. Raymond Gonzalez, Esq. Todd Hoover, Esq. Michael Galey, Esq. Ryan Hittel, Esq. TEAM MANATEE LAW FIRM 100 N. Tampa St. Suite 1650 Tampa, FL 33602 (352) 682-6403
CERTIFICATE OF SERVICE
I CERTIFY that a true copy of the forgoing has been served via the e-filing portal to the parties listed below on this 24th day of January, 2015:
Shadi Traish, Lindsey Sheppy, Natalie Gonder Jones, Therese Adipietro, Desiree Colson,
and Steven Cohen, Pinellas Team East Law Firm, Counsel for the Plaintiffs.
______Adam Talley, Esq. Raymond Gonzalez, Esq. Todd Hoover, Esq. Michael Galey, Esq. Ryan Hittel, Esq. TEAM MANATEE LAW FIRM 100 N. Tampa St. Suite 1650 Tampa, FL 33602 (352) 682-6403