Dear Editor,
On June 29, Florida Gov. Ron DeSantis signed a bill that voided the results of referendums that had limited cruise ship operations in Key West. This was a blow for direct democracy but it does not block the city of Key West from regulating cruise ships in accord with the clearly expressed wishes of voters.
The new law, Florida Statute 311.25, only applies to “local ballot initiatives or referendums” that restrict maritime commerce. It does not prohibit local governments or port authorities from regulating ports as they have done throughout Florida’s history. Thus, the city commission retains its authority to pass ordinances imposing the same limits on cruise ships that the voters approved last year.
This may seem counter-intuitive, even provocative, to some people. Can the city really pass a law identical to the one the governor just effectively overturned? The answer is yes. And they should do so immediately.
As one of the organizers of last year’s referendum, I was motivated by a belief in direct citizen action. Article 1, Section 1 of the Florida Constitution says “all political power is inherent in the people.” Thomas Jefferson said “the government closest to the people serves the people best.” I also considered the precedent set by our city commission in 2012-13, when they repeatedly declined to take a stance on the contentious issue of dredging the ship channel to accommodate larger cruise ships and instead ordered that the question be decided by voter referendum. To many of us who witnessed that episode, this was a clear signal that our commission does not wish to oppose the politically powerful cruise ship industry on its own — they would prefer to let the voters decide.
But, as Gov. DeSantis has helpfully reminded us, America is not a direct democracy. It is a republic, and under our republican form of government, the will of the people is rightly expressed through our elected representatives. In this instance, the governor has not so much overturned local control as he has expressed his binding opinion that the proper avenue of local control runs through the community’s locally elected representatives.
Early versions of the bill signed by the governor did indeed attempt to strip local governments of their authority to regulate their ports. But these were fiercely opposed by bodies including the Florida Ports Council and the Florida League of Counties, and by individual ports like Miami and Pensacola. A bill stripping these powerful players of their right to local control was simply never going to make it past the governor’s desk. Therefore, the bill he was finally presented ensures that Florida’s seaports will remain in local control, so long as local elected officials approve.
So what’s next? The City Commission has called a special meeting for Monday, July 12 at 5 p.m. As Commissioner Sam Kaufman recently noted, “all city commissioners and the mayor have consistently voiced their support to implement the charter amendments to the extent permissible by law.” Now that we know that the exact terms of the charter amendments can be fully implemented by the Commission as a new set of ordinances, without any conflict with state law, the Commission should immediately adopt limits matching those that have already been approved by voters.
This is the simplest and most direct route the commission can take to support the will of the voters. But it will also take courage. The cruise ship industry and its local partners still hold enormous power — and they will try to punish our elected officials if they vote to limit cruise ships. Our commissioners must stand up and remind these self-interested players that they took an oath to support their citizens — and on this issue they know exactly where their citizens stand. If and when our commissioners support the people, they can continue to count on the people’s support.
The people of Key West voted for a change with respect to cruise ships. The city commission should take action now to implement that change through ordinances that mirror the cruise limits overwhelmingly supported by voters.
Sincerely,
Arlo Haskell
Treasurer, Key West Committee for Safer, Cleaner Ships.
