Legislation Details

File #: 21-0003    Version: 1
Type: Action Items -11:30 AM Status: Agenda Ready
File created: 12/13/2020 In control: Board of County Commissioners
On agenda: 12/15/2020 Final action:
Title: Conversion Therapy: Amicus Curiae Brief Request
Attachments: 1. Otto v. City of Boca Raton 2020 U.S. App. LEXIS 36589_20201215.pdf, 2. CourtofAppealsCase_20201215.pdf, 3. 2019-13.pdf, 4. 2019-16.pdf
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Agenda Item Name:

Title

Conversion Therapy: Amicus Curiae Brief Request

End

Presenter:

Sylvia Torres, County Attorney

 

Description:

Request to join City of Miami’s amicus curiae brief in support motion for rehearing and rehearing en banc by Palm Beach County and City of Boca Raton in -Otto v. City of Boca Raton (local government ban of conversion therapy on minors)

 

Recommended Action:

Recommended Action

None - the Board has already voted to join amicus curiae brief.

End

 

Prior Board Motions:

On December 8, 2020, the Board of County Commissioners voted to join City of Miami’s amicus curiae brief.

 

Fiscal Consideration:

Fiscal Consideration

None - City of Miami will draft and file amicus curiae brief

End

 

Background:

On May 28, 2019, Alachua County adopted Ordinance 2019-13 (banning use of conversion therapy on minors).  On July 9, 2019, the County extended the ban from the unincorporated area of the County to the entire geographic area of the County.

 

On November 21, 2020, the Eleventh Circuit Court of Appeals three-judge panel signaled that it would invalidate local government bans on conversion therapy on minor on the basis of First Amendment free speech.  Palm Beach County and the City of Boca Raton have chosen to request a rehearing before the three-judge panel and a hearing before a full panel of Eleventh Circuit judges.

 

The City of Miami is filing an amicus curiae brief in support of the local governments.  It is has requested that local governments with similar ordinances join us.  Alachua County voted to join the amicus curiae brief on December 8, 2020.