Maitland mayor begins second term

Following Dale McDonald’s swearing-in ceremony, City Council members discussed a state statute that preempts all gun regulation to the state.


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  • | 10:59 p.m. April 12, 2018
  • Winter Park - Maitland Observer
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There was a bit of a different feel to the Maitland City Council meeting Monday, April 9.

The pomp-and-circumstance of the evening came as mayor-elect Dale McDonald was sworn in for his second go-around as mayor after an election in which he ran unopposed.

After the swearing-in ceremony, which included his son, wife and mother, McDonald addressed the crowd.

“It’s a treat for me to be here,” McDonald said. “We’ve been very blessed here in Maitland in so many ways — our staff, my family support — and we have a new staff that we have put into place and this is truly not your daddy’s Maitland anymore.

“This is a staff that can be believed, trusted, and they’re engaged and energetic, and they wont stop until we get this right,” he said. “I can’t thank them enough.”

The longtime Maitland resident and Realtor won his first mayoral race in 2015.

While McDonald said he is proud of the work that has been done since then, he knows there is plenty more for his second term.

“We have challenges ahead of us for certain, but we have the blessings of a location that is un-duplicatable,” McDonald said. “A demographic that can not be matched anywhere; schools and parks and lakes that other municipalities would give up body parts for — so let’s do our best to not just improve it, but be proud of what we are doing today.”

 

Super pre-emption lawsuit

A 2011 state statute that preempts all regulation of firearms and ammunition to the state sparked outrage among City Council members.

“Following the Parkland school shooting in South Florida, there were several local governments who wanted to put on their agenda the idea of gun control or pass some ordinance to deal with gun violence,” said Councilman John Lowndes, who brought forth the item for discussion. “Some of them bellied up to the bar, but then they realized that there is a law — a very odd and uniquely odd law in the state of Florida — and fearing the repercussions of that law they backed down.

“So now those cities — there are 10 of them — are filing suit to dismantle the law,” he said.

Although there is nothing unusual about the state pre-empting local municipalities regarding specific issues, the law is unique in how it punishes local government, Lowndes said.

So if Maitland were to try to implement an ordinance regarding guns, not only would it be struck down, but also it would lead to possible fines of up to $100,000 and the removal of council members.

“The idea, of course, is to chill any kind of discussion — it is, in my view, an incredible overreach, and I think it was done in the behest of the NRA,” Lowndes said. “I think it’s very important, because local government is where a lot of the most important work gets done. I think it’s very important that people be able to petition their local government for things they want and be able to discuss it and pass legislation about it.”

The entire council was in full agreement, as well as City Attorney Clifford Sheppard — who favored the city taking action to counter the penalties.

Lowndes suggested ways in which the council could approach the statute and the lawsuit: pass a resolution supporting the lawsuit; pay $10,000 to the current law firm overseeing the lawsuit; or join the lawsuit as a plaintiff but have Sheppard represent Maitland at the hearings.

In his talks with others, Sheppard said he brought up the hypothetical of, “What if this had been us?”

“Imagine what it would be like if this were Maitland Middle, and we have not enough room in these chambers and all the room we could put outside for the people who pack these chambers demanding action, and all you can say is, ‘There is nothing we can do,’” Sheppard said. “When that happens it’s a helpless feeling, but there is nothing you can do if you want to do it within the law — that is the problem that we have right now.”

 

 

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