The Pinellas County Commission violated the First Amendment when it revoked and denied COVID-19 relief grants to a South St. Petersburg nonprofit because of the group's political views, a federal appeals court ruled Wednesday.
The unanimous decision by a three-judge panel of the 11th U.S. Circuit Court of Appeals revives claims that the commission, which governs unincorporated Pinellas County, manipulated a public grant program to punish speech it found objectionable. The Florida Phoenix first reported the ruling. The case now returns to the trial court, where the county could still prevail on the merits.
Commissioner Chris Latvala and the Pinellas County Attorney's Office did not respond to requests for comment.
How the grant dispute unfolded
The African People's Education and Defense Fund (APEDF), a 501(c)(3) nonprofit that has served South St. Petersburg for nearly 30 years, applied for two grants through the county's American Rescue Plan Act program: $36,801 for radio equipment and $67,327 for a backup power generator. The Pinellas Community Foundation ranked APEDF's first application fourth out of 55 received and recommended it for funding. The commission initially approved the grant.
According to the 11th Circuit opinion, Latvala, who was elected in November 2022, texted his aide, Tyler Bonneau, to "Google the African peoples one" and directed him to check whether the group was designated a hate group. After Bonneau reported back, Latvala texted: "great work."
Latvala moved to revoke the grant at a commission meeting where APEDF had not been notified its funding would be discussed, and the item was not on the agenda. He told colleagues he "did not think that we should be funding radio stations with the amount of needs that there are in our community." The court noted at least four nonprofits serving predominantly white communities received grants for similar "products and things."
In a text message quoted in the opinion, Latvala wrote to Bonneau: "The Uhurus are claiming we are discriminating if we defund them. One of my questions yesterday was about political parties being eligible so we are going to use that. This ain't my first rodeo."
For APEDF's second grant application, the foundation again ranked the group fourth out of 78 applicants and recommended funding. County staff directed that APEDF's funding be "unassigned." The commission funded every other recommended applicant except APEDF.
What the appeals court ruled
Judge Kevin Newsom, writing for the panel, held that the county was acting as a sovereign distributing public funds, not as an employer, meaning APEDF is entitled to full First Amendment protection as a grant applicant.
"Though the government can deny funding to applicants for many reasons, it may not deny even a discretionary benefit to a person on a basis that infringes his constitutionally protected interests — especially, his interest in freedom of speech," Newsom wrote.
The panel also reversed the lower court's dismissal of APEDF's equal protection claim, finding the group "plausibly alleged that the County intentionally discriminated against it on the basis of race." The court affirmed dismissal of a procedural due process claim.
What the decision means for Pinellas County
The ruling establishes that elected commissioners cannot use grant programs to target groups whose views they oppose. For residents of unincorporated Pinellas County, who depend on the seven-member commission for zoning, services and budget decisions, the case puts a judicial spotlight on how the county administers federal dollars.
No damages have been awarded. The case returns to the U.S. District Court for the Middle District of Florida for trial proceedings. The Pinellas County Commission meets twice monthly at the county courthouse in Clearwater. Agendas and meeting videos are available at pinellas.legistar.com.
