FLORIDA E. COAST RY. CO. v. MARTINEZ
N/AOUTCOME: FDOT blameless for law enabling noise ordinances.
The railroad was aggrieved by a state law that enabled municipalities to enact ordinances silencing train horns during hours when residents would likely be sleeping, claiming that the inability to give ... audible warning had greatly increased the rate of accidents at crossings. It sought an injunction to make the law (and hence the ordinances enabled by it) inoperative. Although the statute was not part of the FDOT's duties or responsibilities, the railroad alleged that because the FDOT had authority over grade crossings suit against it was proper. On behalf of FDOT, I argued that the FDOT was not a proper party to the proceeding because it had no authority to stop the municipalities from passing or enforcing such measures. The judge ruled in favor of FDOT, and in fact dismissed FDOT and all the other defendants (the Governor, the Attorney General, etc.) from the case. In a 1992 Senate confirmation hearing, judge Black cited her opinion in this case as one of the ten most significant in her judicial career.
