Greenberg v Zingale
Press Release
PRESS RELEASE
For immediate release
CONTACT INFORMATION
Stewart Greenberg
Delray Beach, Florida
Telephone (561) 276-1714
Federal Court Case Number 04-80443
Federal Court Challenge to Florida's Alimony Statute
Delray Beach, FL, May 24,2004 --Florida's Alimony statute violates the
Federal and the State Constitutional Right to Privacy according to a
lawsuit filed May 10, 2004 in Federal Court in West Palm Beach, Florida.
According to the lawsuit filed by Stewart Greenberg the state cannot
intrude in the Privacy Protected Zone of personal decisions relating to
marriage without a compelling state interest. Because the alimony statute
is part of the dissolution of marriage statute, it impermissibly intrudes on
the Privacy Right of Floridians. Mr. Greenberg's Federal complaint can be
viewed online at: http://www.cflap.org/dl/filings/Greenberg-Zingale.pdf
"In addition to the statute violating the Federal and the State Constitution
Right to Privacy, the statute runs asunder of the US Thirteenth amendment
prohibiting involuntary servitude, as well as violating the Florida Supreme
Court ruling which makes the parties in a marriage economic independents",
Greenberg says.
He further says, "I have followed how the Florida State Courts have had the
opportunity to offer Floridians an analysis of the clash between the Right
to Privacy Amendment and the alimony statute and have repeatedly refused
to do so. I feel it is time for the Federal Courts to address the issue and
give Floridians an answer."
"My federal lawsuit, as well as the Abolish Alimony Amendment proposal to
the Florida Constitution currently gathering momentum, are efforts to
ensure that all Floridians are treated equally in their marital decisions by the
state."
The alimony statute has no basis in common law and has long outlived its
usefulness. Most importantly, it is simply not compatible with the Federal
or State Constitutions."
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