Save the Garden v. City of Clearwater

  • Status: Filed
  • Latest Update: Jun 11, 2026
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This case challenges the City of Clearwater’s rejection of thousands of citizen initiative petition signatures in violation of the law. The citizen-led initiative petition “Save the Garden” collected over 8,000 signatures through an all-volunteer effort to put a measure on the Clearwater ballot to require voter approval before the city transfers public rights-of-way in the downtown. The city rejected thousands of valid petitions, contrary to the rules laid out in the City Charter. The city also failed to specify the reasons why it invalidated signatures as required, and enforced a rule limiting who can lead initiative efforts, in violation of the First Amendment.

This case challenges the City of Clearwater’s rejection of thousands of citizen initiative petition signatures in violation of the law. The citizen-led initiative petition “Save the Garden” collected over 8,000 signatures through an all-volunteer effort to put a measure on the Clearwater ballot to require voter approval before the city transfers public rights-of-way in the downtown. The city rejected thousands of valid petitions, contrary to the rules laid out in the City Charter. The city also failed to specify the reasons why it invalidated signatures as required, and enforced a rule limiting who can lead initiative efforts, in violation of the First Amendment.

WHAT'S AT STAKE

The people’s right to participate in direct democracy by collecting petitions and having their valid signatures count.

The Latest: The city removed the case to federal court in June 2026, where we moved for a preliminary injunction.