A judge has dismissed a citizen-led lawsuit seeking to stop Fernandina Beach city officials from instituting a controversial paid parking plan later this year in its historic downtown.
The dismissal, ordered Wednesday by Nassau County Circuit Court Judge Marianne Aho, came less than a week before the City Commission’s final vote on an ordinance allowing paid parking to start.
A PAC called Citizens Against Paid Parking filed the lawsuit just over two months ago. The judge ruled that the PAC’s legal challenge was premature and barred by separation-of-powers principles, according to the Fernandina Observer.
The ordinance is set for its second and final vote during a City Commission meeting at 6 p.m. Tuesday. The ordinance would allow paid parking to begin this spring if approved.
The city has already approved a contract with a company that would set up the paid parking program if the commission approves it Tuesday. But the changes could be short-lived. A voter referendum is set for mid-August allowing residents to decide whether paid parking continues.
A team member from Citizens Against Paid Parking said the lawsuit was dismissed on a technicality. “The court can’t rule on legal matters that don’t yet exist,” the group said in a statement.
The judge ruled that Citizens Against Paid Parking can refile the lawsuit once the commission approves the parking plan, the group said.
“The No Paid Parking injunction process is still strong, just delayed by legal technicalities,” the statement said.
The proposal’s history
The five-member City Commission set a priority last year to develop sources of revenue other than taxes, pointing to the need due to the city’s growth — 7,800 people in the 1970s, to over 13,900 now.
A city report projected revenue of $1.5 million to $2.5 million annually if paid parking were instituted. That would help fund projects like a new $20 million to $25 million seawall, demolishing Brett’s Waterway Cafe to expand existing docks and rebuilding aging infrastructure downtown.
The plan would add paid parking to all public lots and spaces from Ash Street to Alachua Street and from Front Street east to — but not including — 8th Street. It also would include the public parking lots at the marina.

City officials said there would be no physical parking meters. Instead, signs would direct people to pay through a smartphone app.
City residents, including property owners and residents within the city limits, could get two annual parking permits at no cost and more for $24 each. There would be a 20-minute grace period, allowing people to briefly park to run an errand without paying, city officials said.
Opponents have said that many shops and restaurants in the downtown area survive because of how easy it is to park for free, right in front of them.
A petition on Change.org now has more than 8,600 signatures. It states that a paid parking system could threaten the city’s charming atmosphere and disrupt the way of life.
The paid parking lawsuit
The city argued that the lawsuit against paid parking should be dismissed for several reasons. A motion filed by attorneys Samuel Zeskind and Jessica Goodman argued that:
- The PAC is not entitled to injunctive relief and “cannot demonstrate the elements necessary to impose a temporary injunction.”
- Although Citizens Against Paid Parking said it is a PAC, it did not incorporate or register with the state.
With Aho’s ruling, a hearing set for Monday on the plaintiffs’ request for a temporary injunction has been canceled.
An attorney for Citizens Against Paid Parking was not availableWednesday to say whether the PAC could appeal.







