St. Pete Pier Lawsuit Awaits Ruling

After listening to three hours of arguments from attorneys, Judge Jack Day adjourned Wednesday's hearing on the future of the St. Petersburg Pier without a decision.

Judge Day didn't give attorneys a timeline for his ruling but did thank both sides for "illuminating your respective points."

Attorney and former city coucilor Kathleen Ford filed the lawsuit, with five other residents, in August 2012 on to hold a citywide vote on the future of the Pier after a vote was denied by city council.

Wednesday, assistant city attorney Joe Patner argued that the content of the petition needed to be clear, non-political rhetoric and include some disclosure of financial impact.

Ford, responded that those details are required for constitutional amendments not charter amendments.

"We think the petition is crystal clear," Ford said. "This is an amendment to the charter," she said.

Patner argued that the wording was "misleading," "confusing," and "conflicting." Adding that words such as "iconic, landmark, pyramid" appeals to the voters' emotional sense of nostalgia. Emotional language is not valid, he said.

"We have no political bias," Patner added throughout the discussion. "It’s a shame and a travesty. ... they did not present (voters) with a legally researched, legally valid petition," he said.

“We think the petition speaks for itself, in all it’s glory and challenges,” Ford said. “I would also say that there’s nothing in the statue that requires the financial implication to be included,” she added.

Ford argued that when the city proposes to sell, lease or donate waterfront property, a referendum approval is required.

The decision about the St. Pete Pier should be up to the voters, Ford said, because the Pier building is not being replaced. She told Judge Day that the new design does not replace the current design. The design "The Lens" will not have commercial space.

Patner responded, “They don't like the plans.” “You don't have to like it, however, you can’t substitute your personal approval or disapproval for what the charter requires.”

At issue is whether voters should decide whether the 1970s-era pier should be demolished and replaced with an updated structure. The City Council is moving forward with a handpicked design dubbed "The Lens." The existing pier is slated to close in 2013.

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