Court sides again with Titusville voters over city in 'Right to Clean Water' ballot case
Just over a year after voters approved to add a "right to clean water" to Titusville's city charter, a judge has ruled once again that the city must certify those election results.
Circuit Court Judge Charles Holcomb ruled earlier this year that the city must certify the vote, but the city continued its court battle with Speak Up Titusville, the group that organized the petition and put the measure on the ballot.
Another Circuit Court Judge, George Paulk, ruled that Titusville must certify the results of last year's referendum that would guarantee residents a right to clean water in the city charter. He issued a summary judgment against the city Thursday afternoon.
Despite the referendum passing 82.57% to 17.43% over a year ago, the city still has not certified the results of the election. For years, the city like much of the county has dealt with sewage spills as a result of aging infrastructure polluting the Indian River Lagoon. Those repeated spills have contributed to the Lagoon's health problems as well as causing health concerns for humans as well after sewage made its way into retention ponds at public parks. One of those spills has been blamed in a lawsuit against the city after parents said their child is facing serious health problems, including paralysis, as a result of raw sewage being spewed from the fountain at a Sand Point Park pond.
Titusville officials have argued that the ballot language would lead to issues like what happened in Orange County, which saw its right to clean water charter amendment struck down by a circuit judge, who sided with builders and ruled the state Clean Waterways Act trumped the charter amendment. That amendment, which won 90% of the the vote when it was put on the ballot in 2020, was later overturned by the judge.
The city's attorneys have argued that the petition language was too open-ended about which water must be protected and how clean it must be kept to avoid potentially costly lawsuits that will, ultimately, be paid for by residents.
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Paulk on Thursday said in no uncertain terms that the city's argument over the ballot language did not hold water, saying that the city had to add the amendment to the charter or file an appeal within 30 days.
Kate Perez, a former candidate for Titusville City Council who has been involved in the fight to codify the amendment, said she was pleasantly surprised that the judge's ruling was so strong.
The city previously agreed to set aside $80,000 to fight the charter amendment. Those like Perez say that money could have gone to better uses in the city rather than try to overturn a voter-approved charter amendment.
Titusville city attorney Richard Broome did not immediately respond to a request Friday to comment onthe ruling.
Tyler Vazquez is the Brevard County government and North Brevard Watchdog Reporter at FLORIDA TODAY. Contact Vazquez at 321-480-0854 or tvazquez@floridatoday.com
This article originally appeared on Florida Today: Court sides with voters over Titusville in 'Right to Clean Water' case
