Thursday, February 28, 2008
FOR IMMEDIATE RELEASEDiMaio v DNC Lawsuit Granted New Hearing



Tampa, FL- (Tampa, FL) The landmark Federal lawsuit that could determine the next President of the United States that was originally filed in Tampa Federal District Court by Social Security and Disability Attorney Michael Steinberg in behalf of Florida Democratic Political Consultant and registered Hillsborough County Hispanic Democratic voter Victor Rudy DiMaio (pronounced DE MY O) has been granted an appeal hearing before the 11th Circuit Court of Appeals at 1:00 p.m. in Courtroom 339 on Monday, March 17, 2008 at the Elbert P. Tuttle Courthouse located at 56 Forsuth Street, NW in Atlanta, Georgia.

Tampa Attorney Michael Steinberg filed the lawsuit in August 2007 on behalf of Victor DiMaio against the Democratic National Committee (DNC) over its decision to strip Florida of all its 200 plus delegates to the Democratic National Nominating Convention that convenes this August 2008 in Denver, Colorado.


"We have been impatiently waiting for the Appeals Court to grant us this hearing considering the fact that time is running out if we have to appeal our case to the United States Supreme Court if the Florida Delegation is still shut out of the convention in August at the same time the Supreme Court takes its annual recess" according to Mr. DiMaio. "We are grateful to the Atlanta Justices for granting us the best option of of the three options available. The Court could have denied our appeal and dismissed our case or they could have asked us to mail in our pleadings. Instead they have granted us the opportunity to present oral arguments and the Court has cleared their docket for an entire afternoon, an option that was denied to us at the Tampa District Court. Considering the closeness of the Presidential Election at this point, every delegate vote could make a difference in deciding who the next President could be."


"Our lawsuit was filed long ago when there were many more candidates running for President" says Mr. DiMaio. "I believe it would be a travesty if the millions of Florida voters who went to the polls on January 29, more voters than Iowa, New Hampshire, Nevada and South Carolina combined, and voted for their choice for President, would not have their votes count. This Saturday, March 1, Democrats all over Florida in 25 Congressional Districts will begin the process of running for and electing delegates to the Democratic National Convention based on the results of Florida's January 29 Presidential Preference Primary Election. Florida is the fourth largest state in the nation and we deserve to have our votes count and have a voice in deciding who the next President of the United States should be".


Attorney Michael Steinberg added, "We are asking the court to make a determination as to weather the DNC has the right to take action as they did. There are historical precedents and rulings by the US Supreme Court on both sides of the issue. We are pleading to the Court that the 14th Amendment to our Constitution, our "Equal Protection" amendment, prohibits "the state" from treating one citizen or group of citizens differently from another. We hope that the Court will rule favorably on our case to the benefit of the currently disenfranchised voters of Florida"


Also you may reference the following articles and information:


1.) Gutsy Lawsuit For Little Guy Puts Tampa At Center Of Debate (The Tampa Tribune/tbo.com)
http://www2.tbo.com/content/2007/sep...tampa-at-cent/


2.) Democrat Sues DNC In Primary Date Fight (The Tampa Tribune/tbo.com)
http://www2.tbo.com/content/2007/aug...ry-date-fight/


3.) Democrat Spat Is Taken To Court (St. Petersburg Times/tampabay.com)
http://sptimes.com/2007/08/31/Hillsb...at_is_ta.shtml


4.) DiMaio v. Democratic National Committee (Election Law @ Moritz)
http://moritzlaw.osu.edu/electionlaw...lCommittee.php