Tampa Counseling Ban Enjoined

Jan 30, 2019

A federal magistrate judge issued a 38-page report and recommended that Liberty Counsel’s preliminary injunction be granted against a Tampa ordinance which prohibits licensed counselors from providing talk therapy to minors seeking to reduce or eliminate unwanted same-sex attractions, behaviors, or identity. Liberty Counsel represents Robert Vazzo, LMFT, David Pickup, LMFT, New Hearts Outreach ministry, and their minor clients.

U.S. Magistrate Judge Amanda Sansone wrote in her detailed and well-reasoned Report and Recommendation that the Tampa Ordinance 2017-47 should be enjoined because the plaintiffs demonstrated that the law violates each and every test of the First Amendment. The plaintiffs demonstrated that the ordinance is unconstitutional because it is (1) a content restriction that is not narrowly tailored; (2) a viewpoint discrimination; (3) unconstitutionally overbroad; (4) a prior restraint; and (5) unconstitutionally vague. 

Liberty Counsel argued that the City never considered less restrictive alternative means, such as voluntary versus non-voluntary counseling, informed consent, and talk therapy versus other (no longer used) techniques. The counselors engage in talk therapy with those who voluntarily seek counsel and only with informed consent. The City representative testified under oath that the officials had no idea between the different forms of counseling. Liberty Counsel presented evidence that so-called “aversive” therapy or “electro shock” has not been practiced for decades. The counselors only engage in talk therapy, and the City admitted that talk therapy was banned under the ordinance.

The Magistrate’s Report and Recommendation now goes before the federal District Judge for final consideration.

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