HomeMy WebLinkAboutR-82-32A RESOLUTION REQUESTING THE CONGRESS
TO EXEMPT MUNICIPALITIES FROM LIABILITY
UNDER THE FEDERAL ANTITRUST LAWS.
WHEREAS, the United States Supreme Court, in Community
Communications v. City of Boulder, 102 S.Ct. 835 (1982), held
that the grant of extensive home rule powers to municipalities
was insufficient to meet the state action exemption test of
Parker v. Brown, 317 U. S. 341 (1943); and
WHEREAS, antitrust law suits are being filed against
municipalities in ever increasing numbers as a result of
the Bou~er decision; and
WHEREAS, these lawsuits threaten to destroy the
traditional municipal regulation of such matters as zoning,
cable television, ambulance services, taxicabs, airports
and utility services; and
WHEREAS, claims for monetary relief seeking hundreds
of millions of dollars for treble damages under the antitrust
laws threaten the fiscal integrity of municipalities; and
WHEREAS, the costs to municipalities in defending
against these claims are extremely high because of the need
to hire costly outside counsel;
NOW, THEREFORE, BE iT RESOLVED BY THE COUNCIL OF
THE CITY OF SEBASTIAN, FLORIDA, that legislation be immediately
adopted by the Congress of the United States which will
exempt municipalities from liability under the Federal anti-
trust laws in the same manner that states are now exempted.
I HEREBY CERTIFY that the foregoing Resolution was
passed by the City Council of the City of Sebastian, Florida,
on the ~'.¢4~ day of ~.~_ ~/ , 19~.
City Clerk
CITY OF SEBASTIAN, FLORIDA
Pat F16od, Jr\, Mayor ~