Community Group Sues City of Clearwater Over Rejection of Thousands of Valid Petition Signatures

CLEARWATER, FL – The ACLU of Florida filed a lawsuit on behalf of citizens’ initiative group Save the Garden challenging the City of Clearwater’s unlawful rejection of thousands of valid petition signatures. The lawsuit challenges the city’s obstruction of its residents’ right to directly participate in local democracy through its ballot initiative process.

Formed in June 2025, Save the Garden launched its petition effort to preserve South Garden Avenue as a public community space by establishing a memorial garden and heritage trail honoring Clearwater’s African American community. The petition proposes requiring voter approval before the city transfers public rights-of-way in Clearwater’s downtown.

Under the city’s charter, residents have the explicit right to initiate ordinances through a citizen petition process. According to the lawsuit, Save the Garden’s organizers faced misinformation, bureaucratic obstacles, and the unlawful rejection of thousands of valid petition signatures.

“The city’s rejection of valid petitions infringes on our right to have a say in Clearwater’s future,” said Kelly Myer, Save the Garden committee member. “This is our city — residents hold the power to shape its future. Denying that voice strikes at the heart of local democracy.”

Save the Garden collected more than 8,000 petition signatures from community members through a grassroots, all-volunteer effort. But the city rejected thousands of valid signatures, contrary to the rules laid out in the City Charter. The lawsuit also alleges that the city failed to specify the reasons why it invalidated signatures, as required.

“Clearwater voters have the right to sign onto petitions like this one, and to have their signatures count,” said Nicholas Warren, staff attorney at the ACLU of Florida. “The city cannot reject valid petitions or restrict who can help organize an initiative effort. That is fundamentally incompatible with democratic governance.”

The lawsuit argues that the city’s actions not only violated the City Charter’s mandates but also that certain rules infringed Clearwater residents’ constitutional rights to free speech and association. Save the Garden is asking the court to declare the City of Clearwater’s actions illegal, order the city to accept their valid petitions, and issue a corrected certificate, which would allow the effort an opportunity to supplement the petition with additional signatures if needed.

This case is part of a broader pattern across Florida in which local and state actors have moved to limit the mechanisms of direct democracy — restricting who can participate in petition efforts, narrowing the pathways for citizen-led initiatives, and concentrating decision-making power away from residents and into the hands of government officials. The ACLU of Florida is committed to challenging these efforts wherever they occur and ensuring that Floridians retain the right to participate directly in shaping their communities.

The complaint, filed in state circuit court in Pinellas County, can be viewed below.