Tampa judge dismisses delegate lawsuit

Thursday, May 29, 2008

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Victor DiMaio (right) and attorney Michael Steinberg arrive at the Federal courthouse in downtown Tampa.

HILLSBOROUGH COUNTY (Bay News 9) -- A federal judge has dismissed an attempt from a Democratic strategist who wants the party's Florida delegates to be seated at the presidential convention.

Court records show U.S. District Judge Richard A. Lazzara in Tampa dismissed the case Wednesday.

Florida Democrat Victor DiMaio had argued in his lawsuit that the national Democratic Party had discriminated against Florida's voters by stripping the state of its delegates.

DiMaio's attorney Michael Steinberg said the ruling could lead to further bias.

"It's a slippery slope," Steinberg said. "In this particular case, there was no malicious intent, but it opens the door for people in the future to engage in invidious discrimination."

But DNC attorney Joseph Sandler said the judge made the right decision allowing the party to set the rules.

"But also that the right forum for resolving this dispute is not the federal courts but within the Democratic party itself," Sandler said.

Florida and Michigan both lost their Democratic delegates because they held primaries earlier than national party rules allowed.

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Lazzara rejected DiMaio's arguments once in August, but an appeals court in Atlanta sent the case back to him because suit was filed before the primary actually occurred.

Last week, state senate Democratic leader Steven Geller filed a similar lawsuit.

The Democratic National Party already is working on a Florida compromise, which could be released on Saturday. It would include an equal split of Florida delegates between Sen. Hillary Clinton and Sen. Barack Obama.

Clinton won the majority of the vote in both contests and has been arguing that their delegates should be fully restored according to the results of the January vote. It still wouldn't be enough to overcome Barack Obama's delegate lead.

The party does want to make sure the two important general election battlegrounds will be included at the nominating convention in August.

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