Lawsuit against DNC dismissed, DiMaio to appeal10/05/07 Mitch E. Perry
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The first lawsuit challenging the Democratic National Committeeâ€™s decision to strip Florida of its presidential delegates has been thrown out of court.
In an order today, U.S. District Judge Richard Lazzara wrote that the plaintiff, Tampa political consultant Vic DiMaio, failed to show that he had been dealt harm that the court could alleviate.
Judge Lazzara also citied prior court rules indicating that political parties are allowed to set their own rules under constitutional freedom of association guarantees.
Vic DiMaio said he will appeal the decision â€“ first to the 11th Circuit Court in Atlanta, and if thatâ€™s rejected, up to the U.S. Supreme Court.
Along with taking awayâ€™s Floridaâ€™s delegates to next summerâ€™s National Convention in Denver, if the Primary is not moved from Jan. 29, virtually all the candidates for office have agreed only to come to Florida to fundraise, but not to campaign.
Barack Obama attended private fundraisers in Tampa and St. Petersburg last Sunday. While in Tampa, he walked across the street to speak to reporters for a few moments â€“ also apparently against the rules.
Yesterday in St. Petersburg, John Edwardsâ€™ wife, Elizabeth, spoke at an event for breast cancer. According to todayâ€™s St. Petersburg Times, after she made a joke about her hair loss making her look like Dick Cheney, she quickly followed up by declaring that it was "not a political statement."
Yesterday, Florida Sen. Bill Nelson and South Florida Congressman Alycee Hastings filed a similar lawsuit in northern Florida.