Judge J.J. Frydrychowicz yesterday granted the City of Pensacola’s request to dismiss Jonathan Green’s request for a temporary restraining order on the demolition of the Malcolm Yonge Gym.
- Green made the request to give Save Malcolm Yonge Gym supporters time to gather enough petitions to force a citywide referendum on the demolition.
Why? Judge Frydrychowicz found procedural and substantive deficiencies in the Green’s request. She wrote, “Injunctions, such as the one requested here, do not exist in a vacuum, and Plaintiff (Green) has failed to state a cause of action. The Court finds this fatal and cannot be remedied through an evidentiary hearing.”
One more chance: Green has 14 days to file an “appropriate pleading.”
Read Feb. 29 2024 Order
On the Road
Today, Mayor D.C. Reeves takes a group of community leaders on a tour of the Bayou District Foundation in New Orleans on March 1.
The Bayou District Foundation has been benchmarked around the world for how it has transformed 50 acres of public housing in a vulnerable neighborhood into a jewel of the city and a national standard for mixed-income, education-anchored development. Cities and other governmental organizations have benchmarked this project more than 130 times.
Mayor Reeves invited a diverse group of surrounding neighbors, technical experts, community groups, housing programs, academia, early childhood brain development supporters and more.
A revised motion for hearing has been filed by Mr. Green. This court case should concern every city resident, because it could set precedent that citizens do not actually have any REAL powers of referendum. If the building is demolished before the 60 days outlined in the charter, it makes this check and balance of government by the public impotent, and the citizen disenfranchised.
Update: PNJ now has a story online that explains, “Pensacola Mayor D.C. Reeves maintains under the City Charter, he’s not required to halt the demolition project while the petition drive is ongoing and the project is moving forward.” In truth, he has no legal authorization to proceed with the demolition. How will he even pay for it given that for long as the action is suspended there is no money to pay for the demolition. City Clerk Burnett is a constitutional charter officer. She serves the city and works for both the mayor and the council. The very moment late on February 16th that she found the Affidavit of Petitioners’ Committee to be legally sufficient, and issued a petition, that stopped the clock. We’re in a legal Time Out. No Mayor is “above” the Charter.
Malcolm Yonge Gym: Meanwhile the lawful petition process continues. The petitioner’s committee has until April 16th to submit the petitions to City Clerk Burnett. If the city council can replace a community center with city-taxpayer subsidized low-income housing, as Mayor Reeves wants to do, whose park or community center is next? There’s no low-income housing in Cordova Park. Anyone want Dunwoody Park converted to low-income housing? In East Hill does anyone want to convert Cordova Square Park to low-income housing? All who care about our city’s parks and park facilities should sign the petition. Download a copy of the petition at the link below and print it off or send it as a PDF file to everyone you know. It’s important to sign the petition using the signature on file with the Supervisor’s Office. https://savepensacola.com/download-petition