Res No 175-20-15615RESOLUTION NO. 175-20-15615
A Resolution of the Mayor and City Commissioners of the City of South
Miami authorizing the City of South Miami ("City") to join in the filing of an
amicus curiae brief by City of Miami (Miami) concerning the matter of
Robert w. Otto, et al. v. City of Boca Raton, Florida, at al., Case No. 19-10604
(supporting the ban on conversion therapy), and in any related filing by
Miami in any subsequent proceedings including before the United States
Supreme Court.
WHEREAS, on October 13, 2016, the City of Miami Commission adopted Ordinance
No. 13638, which enacted Section 37-13 of the Code of the City of Miami, Florida, as amended,
titled "Conversion Therapy" ("Miami Conversion Therapy Ordinance"); and
WHEREAS, the Miami Conversion Therapy Ordinance prohibits, with certain defined
exceptions, any counseling, practice, or treatment performed on minors with the goal of changing
a person's sexual orientation or gender identity including, but not limited to, efforts to change
behaviors, gender expression, or to reduce or eliminate sexual or romantic attraction or feelings
toward a person of the same gender; and
WHEREAS, the Miami Conversion Therapy Ordinance was based on empirical data
concluding that such practices have serious detrimental impacts on minors; and
WHEREAS, the City of Boca Raton and Palm Beach County ("Neighboring
Municipalities") have enacted ordinances that similarly prohibit such "conversion therapy" on
minors; and
WHEREAS, in 2018, litigation styled Robert W. Otto, et al. v. City of Boca Raton,
Florida, et al., Case No. 9:18-cv-80771-RLR, was brought in the United Stated District Court for
the Southern District of Florida, which challenged the Neighboring Municipalities' conversion
therapy ordinances, including on grounds that the ordinances violated the plaintiffs' First
Amendment right to freedom of speech; and
WHEREAS, the United States District Court initially ruled in favor of the Neighboring
Municipalities denying the plaintiffs' request for injunctive relief and upholding the
constitutionality of the Neighboring Municipalities' conversion therapy ordinances; and
WHEREAS, the plaintiffs took an appeal styled Robert W. Otto, et al. v. City of Boca
Raton, Florida, et al., to the United States Court of Appeals for the Eleventh Circuit, Case No.
19-10604 ("Case"); and
WHEREAS, on November 20, 2020, the United States Court of Appeals for the Eleventh
Circuit ("Appellate Court") issued its opinion which invalidated the Neighboring Municipalities'
conversion therapy ordinances on First Amendment grounds; and
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Res No. 175-20-15615
WHEREAS, it is in the best interest of the City of South Miami ("City") that the
Neighboring Municipalities' conversion therapy ordinances are upheld as constitutional, because
the City supports similar legislation for South Miami; and
WHEREAS, should the Neighboring Municipalities (or either of them) petition for
rehearing and/or rehearing en Banc in the Appellate Court, the City desires to support their
efforts to uphold the constitutionality of their ordinance which bans conversion therapy; and
WHEREAS, the City Commission authorizes the City Attorney to join the City of
Miami's amicus curiae brief in support of the Neighboring Municipalities (or either of them) and
advocate for rehearing and/or rehearing en banc in the Appellate Court; and
WHEREAS, should there be any subsequent proceedings before the United States
Supreme Court ("Supreme Court"), the City Commission further authorizes the City Attorney to
join with the City of Miami to file an amicus curiae brief before the Supreme Court in this
matter.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they
are incorporated into this resolution by reference as if set forth in full herein.
Section 2. The City Attorney is hereby instructed to join with the City of Miami's
amicus brief if the Neighboring Municipalities (or either of them) petition for rehearing and/or
rehearing en banc in the Appellate Court and to advocate for rehearing or rehearing en banc the
Case now pending in the Appellate Court and supporting the ordinances of the Neighboring
Municipalities that ban conversion therapy.
Section 3. The City Commission further authorizes the City Attorney to join with the
City of Miami in the filing of an amicus curiae brief in any subsequent proceedings, including
proceedings before the United States Supreme Court.
Section 4. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 5. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 6. Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 15`h day of December, 2020.
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Res No. 175-20-15615
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THERE F
CATTORNE!
APPROVED:
MAYOR
COMMISSION VOTE: 5-0
Mayor Philips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Page 3 of 3
Agenda ftem No:Ba.
City Commission Agenda Item Report
Meeting Date: December 15, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A Resolution of the Mayor and City Commissioners of the City of South Miami authorizing the City of South
Miami ("City") to join in the filing of an amicus curiae brief by City of Miami (Miami) concerning the matter of
Robert w. Otto, et al. v. City of Boca Raton, Florida, at al., Case No. 19-10604 (supporting the ban on
conversion therapy), and in any related filing by Miami in any subsequent proceedings including before the
United States Supreme Court. 3/5 (Mayor Philips)
Suggested Action:
Attachments:
Reso re Amicus Curiae Brief (Conversion Therapy)CArevsp.doc