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