Judge Allows Lawsuit Against Tallahassee's Fire Fee to Proceed

Plaintiffs argue the city's fire services fee is an unconstitutional tax that disproportionately impacts lower-income residents.

Mar. 18, 2026 at 9:03am

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A judge has ruled that a lawsuit challenging the constitutionality of Tallahassee's fire services fee can move forward. The plaintiffs, represented by the Southern Poverty Law Center and the American Civil Liberties Union of Florida, argue the fee is an unconstitutional tax that disproportionately impacts lower-income residents and renters. The city maintains the fee is a legal assessment, not a tax, but the judge has denied the city's motion to dismiss the case.

Why it matters

The outcome of this lawsuit could have significant implications for Tallahassee residents, as a ruling that the fire fee is unconstitutional could force the city to repay millions in collected fees. The case also highlights the ongoing debate over how municipalities can fairly fund essential services like fire protection.

The details

In March 2026, Circuit Judge Angela Dempsey denied the city of Tallahassee's motion to dismiss a lawsuit challenging the constitutionality of the city's fire services fee. The plaintiffs, represented by the Southern Poverty Law Center, argue the fee is an unconstitutional tax because it is a flat rate not tied to property values, which they say disproportionately impacts lower-income residents and renters.

  • On March 12, 2026, Judge Dempsey ruled the lawsuit can proceed.
  • In November 2025, the Southern Poverty Law Center and the American Civil Liberties Union of Florida agreed to take the case.

The players

Judge Angela Dempsey

The circuit judge presiding over the case against Tallahassee's fire fee.

Jacqueline Azis

An attorney with the Southern Poverty Law Center representing the plaintiffs in the lawsuit.

Dot Inman-Johnson

A former Tallahassee mayor and city commissioner who publicly started the fight against the fire fee and is listed as an individual plaintiff in the case.

Citizens for Government Accountability

A citizens activist group that was initially part of the lawsuit but may be removed unless the plaintiffs can explain why they should be included.

City of Tallahassee

The defendant in the lawsuit, arguing the fire fee is a legal assessment, not an unconstitutional tax.

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What they’re saying

“It doesn't matter what the value of the property is assessed at, (the fire fee) is just a flat rate across the board. And so, the way that operates, it disproportionately impacts lower income homes and renters.”

— Jacqueline Azis, Attorney, Southern Poverty Law Center

“We are asking for declaratory judgment, meaning a ruling from the court on whether the fire services fee is an unconstitutional tax. We argued that plaintiffs do have standing to seek declaratory relief from the court. The court agreed.”

— Jacqueline Azis, Attorney, Southern Poverty Law Center

What’s next

The judge is giving the plaintiffs 20 days to argue why some of the plaintiffs, including the Citizens for Government Accountability group, should be included in the lawsuit. Regardless, the case will move forward with the individual plaintiffs.

The takeaway

This lawsuit highlights the ongoing debate over how municipalities can fairly fund essential services like fire protection, and the potential consequences for residents if a fire fee is ruled unconstitutional. The outcome could set a precedent for other cities facing similar legal challenges to their funding models.