Appeals Court Upholds Dismissal of Taylor Biro Lawsuit

On April 9, 2025, a federal appeals court affirmed a lower court ruling that dismissed a lawsuit filed by Taylor Biro against the City of Tallahassee. Biro is a former member of the Citizens Police Review Board. Biro alleged the city violated her freedom of speech by removing her from the Citizens Police Review Board (CPRB) because of anti-law enforcement slogans on her coffee cup.

After having her lawsuit dismissed in U.S. District Court, Biro appealed the decision. On April 9th, a three-judge panel of the 11th Circuit U.S. Court of Appeals unanimously sided with U.S. District Judge Allen Windsor.

The court’s opinion states, “Thus, we hold that the district court properly dismissed with prejudice Biro’s complaint for First Amendment retaliation because she failed to demonstrate that her free speech interest outweighs the City’s interest in the efficient and effective administration of government services.”

The controversy arose in late 2022 when Biro was using a coffee cup that had an “Abolish Police” sticker. Court documents indicate that “During her two years of serving on the Board, Biro attended all meetings, bringing a cup with a sticker that says, “Abolish Police” that was “prominently displayed” in front of her. This cup was always placed on the table in front of Biro. “

Some claimed that this showed a clear bias against the police on an oversight committee created to build trust between law enforcement and the community. The Big Bend Chapter of the Police Benevolent Association claimed that Biro was “promoting an inappropriate, incendiary, and anti-police message at a recent CPRB meeting.”

The Tallahassee City Commissioners reviewed the matter and voted 3-2 to remove Biro from the board. Commissioners Jack Porter and Jeremy Matlow voted against the removal.

Biro maintained that the city removed her from the CRPB because she doesn’t abide by conventional societal standards. Biro said, “I have never shied away from wearing my values on my sleeve, or on my cup, and that’s why I have that sticker on there.”

The CPRB members also released a statement saying they all supported Taylor Biro remaining on the board.

Biro filed a complaint against the city in early 2023. A federal district court ruled that the CPRB was created “[t]o enhance trust between the Tallahassee Police Department and the community by creating an unbiased panel of volunteers” and dismissed the complaint.

The court determined that Biro’s claim was invalid as it failed the Pickering test — a previous ruling that found government can allow an entity’s interests to take precedence over an individual’s interests if sufficient evidence is provided to pass the four-part test. In other words, an employee’s right to express an opinion is not always absolute.

In a second complaint against the city, Biro claimed that she was terminated because she pushed back against police training that the Tallahassee Police Department participated in with ex-Navy Seal Eddie Gallagher. At the time of the training, Gallagher was facing murder and war crimes charges but was later acquitted. The city dismissed the complaint saying that Gallagher only observed the training along with other trainers.

When both of these cases were dismissed, Biro went to the 11th Circuit U.S. Court of Appeals.