Ruling says it was part of his job
Miami-Dade Circuit Judge Mavel Ruiz on Thursday dismissed the civil lawsuit against former Miami Commissioner Alex Diaz de la Portilla — who faces 14 political corruption charges on an unrelated case — in the alleged shakedown of the Rickenbacker Marina owner in 2020. She said in her ruling that Diaz de la Portilla had “legislative immunity.”
In other words, it was part of his job.
It was part of his job to meet in private in a swanky downtown hotel room and promise his vote on a new contract in exchange for a piece of the pie? It was part of his job to shake down a city vendor?
Well, maybe. This is Miami, after all.
“This dismissal is a validation of the immunity granted to public officials who act in furtherance of their official duties,” said attorney Benedict Kuehne in a statement, calling the lawsuit “frivolous, vexatious and maliciously false,” using as many $10 words as possible. The statement was emailed to Political Cortadito about four hours after Ladra called and texted Diaz de la Portilla for his reaction.
Read related: Alex Diaz de la Portilla is suspended after arrest on public corruption charges
Kuehne did not answer or return a call and text message to tell Ladra how this alleged incident was in furtherance of ADLP’s official duties.
The original complaint was filed by former State Rep. Manny Prieguez, a former Diaz de la Portilla ally and lobbyist representing Rickenbacker Marina operator Aabad Melwani at the time of the alleged bribery. Humberto Hernandez, a former city commissioner who has been arrested on election fraud and mortgage fraud, and attorney Anibal Duarte-Viera, a favored associate who Diaz de la Portilla allegedly wanted included as a partner in the marina deal, are named as co-defendants.
The lawsuit claims that the men met multiple times in 2020 with Prieguez and Melwani, together or apart, to insist that the latter make Duarte-Viera a partner in his family business. In exchange, Diaz de la Portilla would renew Melwani’s contract.
“Plaintiff alleges that Portilla ‘betrayed the trust placed in him by the voters in the City of Miami by attempting to strike down an upstanding member of the community in order to financially benefit himself and two other Defendants. After not being able to unduly influence Manuel Prieguez and his client, Alex Dias de La Portilla then orchestrated the canceling of a City of Miami RFP to allow more time to find a developer willing to bribe him to get a City of Miami lease.’
“As noted, the complaint alleges only two actions taken by Portilla himself: voting and sending the text message to arrange a meeting. The act of voting is a core legislative function. As such, the act of voting, undertaken as a legislative function, is protected by legislative immunity. Therefore, the act of voting cannot support the claims brought against Portilla,” the ruling reads.
“As to sending a text message to arrange a meeting, although this is not a core legislative function, the caselaw cited above establishes that legislative immunity covers all aspects of the legislative function, including meetings, even if in secret,” it says. “Therefore, Portilla is entitled to legislative immunity against the counts for Conspiracy; Civil Cause of Action for Violation Florida’s Anti-Racketeering stature and Intentional Infliction of Emotional Distress.
Kuehne called Prieguez “a disgruntled and disreputable lobbyist who admitted his only reason for the meritless case was to illegally interfere” with the November 2023 elections in the city, where ADLP lost to Commissioner Miguel Gabela (he probably would have been suspended again, anyway). Gabela got financial support for his campaign from Prieguez.
Read related: Miami’s Alex Diaz de la Portilla loses re-election bid to Miguel Gabela on 4th try
“This case, from the outset of the baseless and defamatory lawsuit, was politically inspired by a lobbyist who was intent on claiming to have insider access to Miami City Hall, something that was impossible so long as Alex Diaz de la Portilla served as City Commissioner,” Kuehne said in his statement. “His entire public service has been devoted to working tirelessly on behalf of the citizens and taxpayers of the City of Miami to enhance the City as the best community in which to live and work.”
After he stopped laughing, probably, Kuehne wrote that “with this distraction behind him,” ADLP was free to, and, indeed, “intends to continue his lifelong commitment to serving the public.”
Well, maybe after he faces the 11 felonies he was arrested for in September. And if he gets off.
The commissioner, a former state rep and senator from a political dynasty, was suspended by Gov. Ron DeSantis shortly after he was charged with bribery, two counts of money laundering, criminal conspiracy, three counts of official misconduct, three counts of unlawful compensation and more. The State Attorney’s office could add witness tampering to his charges after he harassed and intimidated a former staffer, according to The Miami Herald.
He is accused of selling his vote — is it a pattern? — on the giveaway of a public park to The Centner Academy, a private school most famously known for the owners mocking the COVID vaccine during the pandemic. The lobbyist who funneled at least $245,000 on their behalf from his Delaware-based company to ADLP’s political action committee, Proven Leadership for Miami-Dade County, was also arrested.
Read related: Miami’s Alex Diaz de la Portilla arrested on corruption, pay-for-play park deal
ADLP’s PAC, by the way, paid $16,110 this month to criminal defense attorney Susy Ribero-Ayala, who is co-counsel on this case, according to the Miami-Dade County Clerk records, which says the next status hearing is July 26.
According to her LinkedIn profile, she has represented “numerous clients in matters involving U.S. economic sanctions pending before the Office of Foreign Assets Control (OFAC) as well as serious state, federal, and international criminal offenses and criminal investigations in addition to complex civil litigation with potential criminal implications,” and has “extensive experience representing high profile clients in a variety of federal criminal matters.”
In her photo, Ribero-Ayala also looks a little like former ADLP (and Congressman David Rivera) girlfriend Ana Sol Alliegro (on the left in this photo).
In dismissing the case, Judge Ruiz did so without prejudice. That means that, rather than appeal, the complaint can be amended and refiled. Prieguez filed his lawsuit a month before the arrest and criminal charges on a case that closely mirrors his allegations. It is unknown if he will continue to pursue it now that the criminal case is ongoing — and the election is over.
Check back with this space in 20 days.
Judge dismisses civil shakedown case vs Miami’s Alex Diaz de la Portilla added by Ladra on
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