HomeMy Public PortalAboutComplaint (O'Hare)IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CHRISTOPHER F. O'HARE,
Plaintiff,
V.
TOWN OF GULF STREAM,
WILLIAM H. THRASHER, JR.,
individually,
Defendants.
CASE NO.:
COMPLAINT
CHRISTOPHER F. O'HARE ("Plaintiff' or "O'Hare"), by and through the undersigned
counsel, hereby sues the TOWN OF GULF STREAM, (the "Town"), and WILLIAM H.
THRASHER, JR., ("Thrasher") individually, (hereinafter collectively referred to as the
"Defendants") and as grounds therefore alleges the following:
THE PARTIES, JURISDICTION. AND VENUE
Plaintiff is a Florida citizen who resides at 2520 Avenue An Soleil in the Town of
Gulfstream, which is located Palm Beach County.
2. The Defendant Town is a duly established municipality under the laws of Florida
located within Palm Beach County, and therefore subject to the personal jurisdiction of this
Court.
3. Defendant Thrasher is the Manager for the Town of Gulf Stream and resides and
works in Palm Beach County, and is therefore subject to the personal jurisdiction of this Court.
4. Jurisdiction is appropriate under F.S. § 790.33(3)0 and F.S. § 26.012(1), (3)
because injunctive relief is requested.
5. Venue is appropriate because all parties reside or are seated in Palm Beach
County.
COUNT
Violation of 790.33 & Request for Inunction and Declaratory Relief that Municipal Policy is
Preempted by State Law and Damages
6. On October 14, 2013, O'Hare submitted a building application to the Town for
zoning review and approval, a condition required before said application would be allowed to be
submitted to Delray Beach, (surrogate for Florida Building Code enforcement for the Town) to
construct a shooting range backstop and a shooting bench. The packet attached to the application
gave the municipality details of the proposed work. The application, including the packet
attached to it, is attached hereto and incorporated by reference herein as Exhibit A. The packet
contained elaborate and precise drawings of O'Hare's home, the proposed location of the two
structures, drawings of the proposed bench and backstop, and the energy values of select firearm
cartridges.
7. On or about October 17, 2013, Town Clerk Rita Taylor sent O'Hare's attorney —
Lou Roeder, Esq. — a facsimile letter by the Town Manager, William Thrasher, denying
O'Hare's request. The October 17, 2013 letter is attached hereto and incorporated by reference
herein as Exhibit B.
8. In that missive, Thrasher elaborated on O'Hare's denial stating, "[A]Ithough the
Town does not regulate the possession or use of firearms or ammunition, the use you request is
not a permitted use within the residential zoning classification in which your property is located.
Your request for a permit is, therefore, denied."
9. On or about October 18, 2013, O'Hare submitted another construction application
to the Town for zoning review and approval. The request was partially similar but substantially
different than O'Hare's original permit request. O'Hare excluded any reference to a shooting
range, eliminated the previously proposed shooting bench and sought only to install a ballistic
backstop, target holder, and the addition of two Rhapis excels, lady palms plants to benefit the
appearance of the backstop. The October 18, 2013 application and attached packet are attached
hereto and incorporated by reference herein as Exhibit C.
10. The application was resubmitted with the above changes and O'Hare decided to
substantially reduce the amount of proposed construction to only those items he felt essential to
the safe and diligent use of a firearm on his private property.
11. On or about October 23, 2013, O'Hare received yet another missive from
Thrasher denying his new request. Thrasher directed O'Hare to the previous letter for an
explanation of denial. The October 23, 2013 denial is attached hereto and incorporated herein as
Exhibit D. Town Manager Thrasher wilfully and knowingly, under color of law, regulated part
of the field of firearms and ammunition when he pretextually denied O'Hare's building permit
because he wanted to prevent O'Hare from discharging or otherwise using firearms on his
private land.
12. O'Hare understood Town Manager Thrasher's letter as sending a clear message,
that O'Hare is not permitted to use firearms in his backyard in the Town; that O'Hare should not
expect the Town of Gulf Stream to relinquish the Town's authority to regulate its own land use
to any other power.
13. Thrasher's "possession or use of firearms or ammunition" language in his October
18, 2013, letter shows that he had knowledge of the firearm preemption law in Florida because
that law uses similar, if not identical language. Moreover, Thrasher was unable to cite a single
Town law that otherwise prohibited the structure that O'Hare proposed. Thrasher candidly and
knowingly denied O'Hare his permits based on his desire to prevent the recreational use of
firearms in his Town, regardless of the willingness O'Hare exhibited to exercise care and safety,
as evidenced by his desire to build a ballistic backstop — said denial is in direct violation to the
Preemption of Sec. 790.33 Fla. Stat.
14. Under Town Code Chapter 70, Art. III, single-family residential uses are
regulated. The only uses permitted are "single family dwellings" under § 70-47 and "telephonic
transactions and communications" under § 70-49(b). Prohibited Uses under § 7049 are solely
cognizable as activities relating to structures, not the structures themselves. Thrasher's language
in the denial of both applications describes the reason for the denial as, "the use you request is
not a permitted use..." In essence, Thrasher was directing his denial solely towards the firearm -
related activity surrounding O'Hare's proposed structure.
15. Thrasher's statutory job description is administrator of the Town's Code of
Ordinances, and the Town's Chief executive, as described in detail in Chapter 2 of the Town
Code. Thrasher is also responsible for numerous low-level zoning reviews under Chapter 66 of
the Town Code including issuing permits for construction under Town Code § 66-101.
16. During the course of this ordeal, O'Hare had to shoulder the costs of reapplying
for a second permit and lost the use and enjoyment of building and utilizing his proposed
structure with his family.
WHEREFORE: Plaintiff demands declaratory relief, an injunction against denying
O'Hare for his permit using unlawful means or purpose, and all other equitable relief this court
deems necessary to curtail the defendants from regulating that which is expressly reserved to the
police powers of the State of Florida. Additionally, Plaintiff demands compensatory damages,
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interest, attorney's fees, and costs. Also, pursuant to Sec. 790.33 Fla. Stat., Plaintiff demands
that the Court assess a civil fine of $5,000 against any and all government officials, named or yet
to be named, who willfully and knowingly acted improperly under the Joe Carlucci Uniform
Firearms Act thereby giving the Governor cause for terminating said government officials.
Dated: January 20, 2014 The O'Boyle Law Firm, P.C.
Attorneys for Plaintiff
1286 West Newport Center Drive
Deerfield Beach, FL 33442
Telephone: (954) 574-6885
Facsimile: (954) 360-0807
rwitmer�a,obovlelawfirm.com
By: /s/ Ryan L. Witmer
Ryan L. Witmer, Esq.
Florida Bar #0107563
EXHIBIT A
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