A Brief Review of Judge Wright’s Recent Decision on the Fate of the GRU Authority

By not timely seeking a Temporary Injunction BEFORE the

November 24 general election ballots were printed, an obviously

defective City Commission Ballot Question and Summary went before

City of Gainesville voters only and passed by a 72.5% margin.

The defective nature of this referendum has now been confirmed

belatedly by Judge Wright on May 9, 2025 and the Temporary

Injunction has been rendered permanent.

Ed Bielarski has proven yet again that he is not the person to

assume the role of GRU Public Information Officer. Instead of merely

striking the lopsided referendum as misleading, Judge Wright

unnecessarily and erroneously proceeded to invite a new referendum.

The City Commission voted 6-1 at their Thursday, May 15 meeting to do

just that.

These outcomes guarantee years of chaos and uncertainty. Courts

normally avoid such a constitutional crisis, if possible.

The coalition seeking to defeat the very existence of any

independent Governor-Appointed GRU Authority are more than willing

to destroy GRU in order to get their political ATM back. This

controversy is partisan and personal. There is no bottom. Federal Judge

Winsor noted this when he found the GRU Authority is an independent

entity that can sue the City (Commission), and this in fact is what we are

witnessing.

While failing to mention at all a rich and extensive legislative history

beginning with the HB1325 bill filed by Keith Perry in 2015, Judge

Wright made startling conclusions as follows:

1. Municipal and State powers are coequal when it comes to

amending a City Charter, and

2. That Section 7.10 of Article VII does not prohibit a City Ordinance

calling for the now invalidated referendum abolishing the GRU

Authority.

By ignoring the controlling legislative history, Judge Wright sidesteps

the overwhelmingly obvious legislative intent that future governance of

GRU, a regional utility, be free from the direction and control of the

Gainesville City Commission.

The resultant constitutional crisis that will be created by any

upcoming November 2025 special election on a yet-to-be-decided

replacement referendum is unnecessary and dangerous. This is a direct

attack on the fragile GRU bond rating accompanying massive long-term

debt incurred by the City Commissioners since 2005. The cronies of

these miscreants are leading the legal attack.

Expect City Commission cronies, who have already filed a slew of

private nuisance suits, to file some more. Judge Wright fails to mention

the previous and extensive litigation at all.

City of Gainesville taxpayers will fund both sides of the current and

future lawsuits since the Authority has decided to deduct its legal fees

from the GRU Direct Transfer to the City (which now is set to be 32.8%

of GRU claimed profits for FY25 at $8.5 million). That should cover the

legal fees.

While this controversy is of statewide importance, no third party has

shown any interest in it except for City Commissioner cronies. This is

telling.

The legislature can settle this matter, but the GRU Authority does not

seem capable of developing a legislative agenda and is slow to react to

anything during their monthly do-nothing carefully choreographed

meetings.

It will be no easy task to draft a ballot question and summary to 1)

repeal Article VII and 2) deal with the appurtenant repeal of Section

3.06 which abolished the position of the GRU General Manager as a

Charter Officer of the City. Multiple ballot questions may be required,

for a variety of reasons. The City Commission must explain the

appointment of a replacement GRU General Manager and what the

powers of that appointee will be.

The Court can rule in advance on the legality of any new referendum,

if the challenge is timely. The Court can also enjoin the second

referendum until the appeal of the pending case is concluded with

finality.