Court hearing scheduled Tuesday to block Fernandina Beach paid parking program

An evidentiary hearing has been scheduled in Nassau County Circuit Court on a renewed effort to block implementation of Fernandina Beach’s paid parking program, setting the stage for the next legal test of the controversial ordinance.

Court records show the hearing will take place Tuesday, Feb. 10, at 2 p.m. before Circuit Judge Marianne L. Aho on the plaintiffs’ Second Amended Motion for Temporary Injunction against the City of Fernandina Beach. Two hours have been set aside for the proceeding, which will be held in Chambers 1 on the third floor of the Robert M. Foster Justice Center, 76347 Veterans Way in Yulee, or via Zoom at https://zoom.us/j/9618164987.

The lawsuit was filed by Paid Parking, a Florida political action committee, and McDonald S. Morriss, naming the city as defendant. The plaintiffs are again asking the court to halt implementation set to being on Feb. 16 and enforcement of the city’s downtown paid parking ordinance while the case proceeds. A referendum by voters is set in August to settle the paid parking issue.

The upcoming hearing follows earlier unsuccessful attempts to obtain emergency relief. As previously reported by the Fernandina Observer, plaintiffs initially sought an injunction late last year, arguing that the paid parking program was improperly adopted and would cause irreparable harm to residents, businesses, and visitors. The court declined to issue immediate relief, allowing the city to continue preparations for implementation.

Since then, the plaintiffs have amended their pleadings, revising their legal arguments in an effort to meet the standard required for a temporary injunction under Florida law. To obtain an injunction, plaintiffs must show a substantial likelihood of success on the merits, irreparable harm if relief is denied, and that the balance of equities favors stopping the ordinance.

The city has consistently defended the paid parking program, maintaining that the commission acted within its legislative authority and that paid parking is a lawful tool to generate revenues to fund critical historic downtown projects. City attorneys have also argued that the plaintiffs’ claims do not meet the legal threshold required to suspend a duly enacted municipal ordinance.

The evidentiary hearing will allow both sides to present testimony and evidence rather than relying solely on written arguments. Judge Aho could rule from the bench or issue a written order at a later date.

If the injunction request is denied, the lawsuit would continue while the paid parking program remains in effect. If granted, the ruling would temporarily halt enforcement pending further court proceedings, marking a significant development in the ongoing legal challenge to paid parking in Fernandina Beach.