Clearwater South Garden Avenue group drops lawsuit against city

A group of residents who earlier this year sued the city of Clearwater for disqualifying their ballot effort have voluntarily dropped their case.

Save the Garden, which gathered signatures for a new city ordinance that would require public approval before the city could change ownership of public streets downtown, had submitted a total of nearly 9,000 signatures in support to the city clerk this year.

The clerk found there were an insufficient number of valid signatures for the effort to go to voters. Save the Garden appealed to the City Council, which affirmed the clerk’s decision. The group filed a lawsuit against Clearwater with the help of the American Civil Liberties Union in May, after the city’s determination.

In the lawsuit, the group alleged Clearwater officials had violated their First Amendment rights. The group also alleged the clerk had rejected valid signatures and given the group incorrect information about rules it needed to follow.

The case was initially filed in the Sixth Judicial Circuit in Pinellas County, but the city moved it to a federal court in Tampa. A district judge denied the group’s motion for a preliminary injunction, saying that Save the Garden had not demonstrated substantial backing to their claims.

Save the Garden voluntarily dropped its suit earlier this month.

The group formed last year after the Church of Scientology received initial approval from the City Council to close a portion of South Garden Avenue downtown.

It is working on another ballot initiative that is looking to overturn a City Council vote from last month that let the Church of Scientology close South Garden Avenue.

Brooks Gibbs, a Save the Garden member, said in a statement the group is “more committed than ever” to get this issue to voters. He said it is expanding volunteer and paid canvassing across the city.

“We are grateful to the thousands of citizens who have stood with us, to our volunteers who have worked tirelessly, and to our legal team for their dedication throughout this process,” Gibbs said. “Our mission remains the same: to preserve public access, protect transparent government, and ensure that Clearwater residents have the final say on the future of their community.”