Lawsuit over Dems' denial is thrown out

By BILL VARIAN, Times Staff Writer
Published October 6, 2007

TAMPA - A federal judge on Friday dismissed the first lawsuit challenging the Democratic National Committee's decision to deny Florida a role in selecting the party's presidential nominee.

In fact, the lawsuit is so flawed, U.S. District Richard A. Lazzara said he won't even let the man who filed it amend it and try again.

"The court ... is of the view that allowing Plaintiff to amend to cure the deficiencies of his complaint would be an exercise in futility," Lazzara wrote in his order.

Lazzara wrote that the suit by Tampa political consultant Vic DiMaio fails to show that he has standing - that he has been dealt some wrong that the court must right. Further, the judge says prior rulings have made clear that political parties are allowed to set their own rules on how they select their presidential nominees. They are not acting as agents for the government, as DiMaio's suit contended.

DiMaio said he will appeal.

Bill Varian can be reached at varian@sptimes.com or 813 226-3387.

[Last modified October 5, 2007, 23:34:46]