On May 1 Circuit Judge Terence Perkins will sentence Brendan Depa on a charge that carries a maximum penalty of 30 years in prison. The punishment will be nowhere near that: the sentencing guidelines don’t call for it, the incident doesn’t warrant it, and Perkins is not a hanging judge. The question is whether he will impose any prison time, and whether reason and justice, not mercy or vengeance, will prevail.
14th Amendment
St. Johns County Among 3 Finalists for Site of Florida Museum of Black History
A committee on Friday narrowed down options for the site of a Florida Museum of Black History, selecting as finalists St. Johns County, Eatonville in Orange County and Opa-locka in Miami-Dade County.
The Flood of anti-LGBTQ+ Laws Shadowing Nex Benedict’s Suicide
Nex Benedict’s death is shadowed by the sentiment and ideology behind a wave of anti-LGBTQ+ laws sweeping the country. In 2024 alone, various state legislatures have introduced almost 500 such bills, many of which target LGBTQ+ youth in schools. Some of these bills restrict which restrooms transgender students can use and which sports teams they can join. Others censor the information that all students receive at school about sexual orientation and gender identity.
DeSantis and Surgeon General Turn Fentanyl Bill-Signing Into Attack on Transgender Athletes
Just moments after the governor said that he would sign two bills, one promoting opioid antagonists to prevent deaths from overdose and another boosting penalties for recklessly exposing first responders to fentanyl, Surgeon General Joseph Ladapo opened fire on athletic competitions that pit transgender women and girls against those who are biologically female.
DeSantis Lashes Out at Pot Freedom and Abortion-Rights Amendments
Gov. Ron DeSantis lashed out at two proposed constitutional amendments that will appear on the November ballot, three days after the Florida Supreme Court signed off on the measures.
6-Week Ban and Abortion-Rights Measure on November Ballot Could Boost Florida Democrats
Following a pair of blockbuster decisions by the Florida Supreme Court, Democrats are galvanizing around abortion as a “front and center” issue that they say could affect races up and down the ballot in November. Focus on the abortion issue exploded shortly after the Supreme Court overturned decades of precedent and triggered a 2023 law preventing abortions after six weeks. Critics maintain that the six-week restriction, which will take effect next month, amounts to a virtual ban on abortions.
You May Not Have An Abortion Past 6 Weeks in Florida. You May Vote To Restore Abortion Rights in November.
The Florida Supreme Court released two blockbuster rulings on abortion rights on Monday — one that within a few weeks will allow a ban on the procedure after six weeks’ gestation to take effect, and another allowing the voters to decide in November whether to amend the Florida Constitution to protect access to the procedure.
Florida Is Blatantly Mixing Church and State in So-Called ‘Pregnancy Crisis Centers’
Planned Parenthood says Crisis Pregnancy Centers are “run by anti-abortion activists who have a shady, harmful agenda: to scare, shame, or pressure you out of getting an abortion, and to tell lies about abortion, birth control, and sexual health.”
They/Them vs. Him/Her: A Federal Judge Will Decide Legality of Florida’s Ban on Pronoun Freedom
A federal judge on Friday heard arguments in a court battle over a law restricting educators’ use of personal pronouns and titles in schools, in one of a series of challenges to Florida policies targeting LGBTQ people. The challenge alleges the law violates the teachers’ First Amendment rights and runs afoul of a federal civil-rights law.
Wrongfully Arrested Migrant To Be Freed on Immigration Bond as Civil Rights Suit Is Filed Against St. Johns Sheriff
Virgilio Aguilar Mendez, the Guatemalan migrant who had been wrongfully arrested outside his motel in St. Johns County last May and charged with manslaughter after the sudden death by heart attack of his arresting deputy, is to be released from federal custody on an immigration bond this week. On Tuesday, one of his attorneys filed an amended federal lawsuit accusing St. Johns County Sheriff Robert Hardwick of violating Mendez’s civil rights.
To An Increasingly Hysterical Right, Women and Their Bodies Are a Danger To the Republic
What’s America’s biggest problem? Not catastrophic climate change; not income inequality; not systemic racism. It’s women. OK, also communists. They’re everywhere, but the Florida Legislature means to nip that in the bud. But even the threat of a worker’s revolt pales in comparison to the Woman Problem. To the increasingly hysterical Right, women — and their unruly bodies — are a danger to the Republic.
Federal Appeals Court Stops DeSantis’s ‘Stop Woke’ Restrictions on Workplace Training Against Bigotry
The workplace-training part of the law listed eight race-related concepts and said that a required training program or other activity that “espouses, promotes, advances, inculcates, or compels such individual (an employee) to believe any of the following concepts constitutes discrimination based on race, color, sex, or national origin.”
Texas Prosecutor Disciplined for Allowing Murder Charge Against Woman who Self-Managed an Abortion
The State Bar of Texas has fined and suspended Starr County’s district attorney for pursuing a murder indictment against 26-year-old woman after she self-managed an abortion.
State Attorney Dismisses Charges Against Virgilio Mendez, 18, Migrant Accused of Manslaughter in Deputy’s Death
The State Attorney’s Office today dropped the charges against Virgilio Mendez, the 18-year-old migrant arrested last May in St. Augustine over a dubious encounter with sheriff’s deputies prompted by nothing apparent, then charged with aggravated manslaughter in the death of one of the deputies, who had died of a heart attack the medical examiner ruled was of natural causes from heart disease. The charges drew widespread public outrage.
Florida House Passes Ban on Homeless Sleeping In Public Despite Added Burdens to Local Governments
The Florida House on Friday approved a controversial proposal that would prevent homeless people from sleeping in public, despite concerns about increased costs for local governments. The Republican-controlled House voted 82-26 along almost-straight party lines to pass the bill (HB 1365), which is backed by Gov. Ron DeSantis. It also would make it easier for residents and business owners to challenge local officials over how homelessness is addressed.
The Controversial Concept of ‘Fetal Personhood’ Is Creeping Up on Florida
If fetuses have legal personhood, abortion-rights activists argue it would infringe the rights of pregnant women and have serious implications for medical procedures like in vitro fertilization and the treatment of ectopic pregnancies and miscarriages. For all practical matters, the Florida Constitution is silent on the issue of fetal personhood, despite Chief Justice Muniz’s suggestion that fetal personhood rights might already exist.
Federal Judge Ends Challenges to Florida’s Election Law Targeting Black Voters
Chief U.S. District Judge Mark Walker issued a 17-page order after the 11th U.S. Circuit Court of Appeals last year overturned a ruling in which he found the law improperly discriminated against Black voters. Walker appeared to criticize the appeals court for “reweighing” facts in the case.
Some Florida Justices Skeptical About State’s Attempt to Keep Abortion Rights Amendment Off the Ballot
Some justices questioned how far the court can go to prevent initiatives from being placed on the ballot as they heard arguments about whether a proposal to ensure abortion rights in the state should be placed on th November ballot. “People in Florida aren’t stupid. I mean, they can figure this out,” Chief Justice Carlos Muniz said.
Florida’s Open Season on Civil Liberties
Florida lawmakers don’t care about the insurance crisis; they don’t care about runaway rents; they don’t care about hungry children or sick women or the climate crisis or pollution or the teacher shortage or anything that you and I and anyone else with two brain cells to rub together would identify as pressing problems here in the increasingly dysfunctional State of Florida. What they care about is ending your liberties. Here’s a list.
Threatening Charges, Florida Forbids Trans’ Preferred Gender Identity on Driver’s Licenses
Transgender people can no longer obtain a driver’s license that reflects their gender identity under a new policy that treats “misrepresenting one’s gender, understood as sex, on a driver license” as fraud punishable by civil and criminal penalties plus cancellation, suspension, or revocation of the license.
This Hyper Talk of a Border ‘Invasion’ Is an Old American Playbook
With persecution, poverty, and climate change driving large numbers of migrants to the southern border, some in politics and the media are again pushing the panic button and purposely but inaccurately using words like “invasion” to describe problems at the border.
Defense Calls Out Sharp Inaccuracies in Arrest Account of Migrant Facing Manslaughter Charge in Death of Deputy
The defense lawyer for Virgilio Aguilar Mendez, the 18-year-old migrant held for over eight months on an aggravated manslaughter of an officer charge in the death of a St. Johns County deputy, is calling his arrest “legally insufficient,” describing his arrest report as a series of misrepresentations and misapplications of the law, and citing the medical examiner’s report to conclude that the death of the deputy was unrelated to the arrest.
Stop the LGBTQ Cheap Shots
There are some feel-good bills and cheap shots that require no courage to vote for and bring the political bonus of being difficult for an opponent to argue against this summer, when most legislators will be back home running for re-election. And no topic makes for easier demagoguery than sex, specifically any activity that makes strait-laced Republicans a little squeamish.
70 Years After Brown vs. Board of Education, Deep Segregation Persists
In June 2023, the Supreme Court ended most race-conscious college admissions efforts. The decision followed the Covid pandemic, which exacerbated racial inequalities in the U.S.. Politicians and school boards have banned or removed books by authors of color from school libraries and restricted teaching about racism in U.S. history. These setbacks amid the current political climate make finally realizing the full promise of Brown more urgent.
The Check MLK Wanted Cashed for the ‘Riches of Freedom and the Security of Justice’ Is Still Bouncing
The African American community is experiencing record low unemployment, record highs in income and educational attainment, and has seen a massive decline in income poverty since the 1960s. Despite all that, the check for racial economic equality is still bouncing. Without intervention, it will take centuries for Black wealth to catch up with white wealth in this country.
GOP Measure Would Forbid Government Agencies from Using Individuals’ Preferred Pronouns
Mirroring a House bill filed in November, a Senate Republican on Thursday proposed a measure that would place restrictions on government agencies in the use of personal pronouns.
An Interview with Acclaimed Civil Rights Attorney and Equal Justice Initiative Founder Bryan Stevenson
Bryan Stevenson is the founder of the Equal Justice Initiative, a legal clinic in Montgomery, Ala., that’s made strides on prisoners’ behalf, and the National Memorial for Peace and Justice, a six-acre remembrance space highlighting the racial terrorism campaign that saw the lynching of over 6,500 victims, including women and children. In a wide-ranging interview, he reflects on the state of race in America and how honest accounts of history can help overcome resistance to progress.
With 3,500 Petitions from Flagler Voters, Abortion-Right Ballot Measure Meets Signature Requirements
Some 910,946 valid signatures have been tallied for a constitutional amendment proposal that would protect the right to an abortion in Florida until the viability of a fetus. That topped a requirement of submitting 891,523 signatures to qualify for the ballot. Flagler County alone submitted 4,800 petitions, 3,543 of them valid.
From Abortion to Disney, Guns, Pot, Trans and Social Media Law: 10 Florida Court Cases to Watch in 2024
High-profile Florida cases in state and federal courts in 2024 include a challenge to the 15-week abortion ban, Disney’s claim that the DeSantis administration illegally retaliated against it, a challenge to the state’s age-restriction on buying long guns, whether the wording of a constitutional amendment legalizing recreational pot can head for the ballot, and several more.
Judge Mulls Trial Competency of Migrant Facing Manslaughter Charge in Sudden Death of Deputy After Arrest
Declaring it a “complex situation,” Circuit Court Judge R. Lee Smith at the end of a three-hour hearing today said he needed time to think before issuing a decision on whether Vergilio Aguilar Mendez, the 18-year-old migrant controversially charged with manslaughter in the death of a St. Johns County deputy Michael Kunovich last May, is competent to stand trial. Kunovich died several minutes after Mendez was arrested for resisting arrest after a stop-and-frisk encounter in St. Augustine.
A Constitutional Scholar Explains Colorado Court’s Trump Ballot Ban
Taken as a whole, the structure of Section 3 of the 14th Amendment leads to the conclusion that Donald Trump is one of those past or present government officials who by violating his oath of allegiance to the constitutional rules has forfeited his right to present and future office.
Florida Court Rules Child Is Mature Enough to Be a Mother, But Not to Have an Abortion
A state appeals court Friday upheld a Calhoun County circuit judge’s ruling that blocked a minor from having an abortion without notification and consent of a parent or guardian. The decision’s implicit reasoning is that the child is nevertheless mature enough to carry the baby to term.
How DeSantis and GOP Are Undermining Abortion-Right Ballot Initiatives Before the Vote
As abortion-rights initiative pick up victories in referendums, Republicans across the nation, exemplified by Florida’s Ron DeSantis, want to change the terms of the debate by injecting it with misinformation or overriding the referendum process.
A Poisoned Tree Grows in St. Augustine
An 18-year-old migrant faces an aggravated manslaughter charge for the death by heart attack of the sheriff’s deputy who arrested him on a resisting charge, while the migrant was on a sidewalk eating dinner and speaking to his mother by phone at his motel in St. Augustine. The death of the deputy was a tragedy. The charge against the migrant compounds it with a miscarriage of justice in the making.
The Deeply Rooted Biases Biases Behind Transgender Athlete Bans
In 2023, 24 states had laws or regulations in place prohibiting transgender students from participating on public school athletic teams consistent with their gender identity. These bans mean that a person whose sex assigned at birth was male but who identifies as a girl or woman cannot play on a girls or women’s athletic team at a public school in that state. State-level politics and public biases against transgender people are largely to blame.
Florida Appeals Court Upholds Disenfranchising Black Voters in North Florida, a Victory for DeSantis
A state appeals court has rejected a legal attempt to save a Black-opportunity congressional district in North Florida, relying on legal reasoning never raised by the parties to the case: That the district originally was devised to benefit Democrats, not Blacks specifically.
Proposed Florida Law Would Ban Local Governments and Contractors from Recognizing Preferred Pronouns
A legislative proposal to bar state and local governments and contractors or nonprofits drawing state money from recognizing employees’ preferred gender pronouns if they differ from their biological sex has drawn criticism from LGBTQ+ Democrats as “a disturbing escalation of right-wing extremism in Florida.”
Eight Florida Cities Get Perfect Scores in LGBTQ+ Equality Report
Despite enduring a year that advocates have derided as the “most anti-LGBTQ legislative session in history,” a nationwide report gives eight Florida cities perfect 100% scores when it comes to assessing LGBTQ+ equality in the areas of municipal policies, laws, and services. Getting maximum scores of 100 in Florida are: Tampa, Wilton Manors, Fort Lauderdale, Hollywood, Miami, Oakland Park, Orlando, and St. Petersburg.
Sheriff Chitwood’s Dangerous, Irresponsible Attacks on News-Journal’s Frank Fernandez
Volusia County Sheriff Mike Chitwood’s repeated, vilifying and unjustified attacks on News-Journal reporter Frank Fernandez irresponsibly and dangerously inflame his social media base at a time when reporters’ safety is nothing to take lightly–the more so when a law enforcement chief who should know better is stoking the flames. Volusia County media should respond in concert.
Judge Exonerates ‘Christian’ Teacher Who Refused to Refer to Trans Student by His Preferred Pronouns
An administrative law judge Monday backed a Miami-Dade County teacher who reportedly told a transgender student that, “I’m a Christian, and my God made no mistakes” while refusing to call the student by preferred pronouns.
Florida’s Policing of Public Restroom Gender Draws Federal Lawsuit from Trans and Nonbinary Group
A group of transgender and nonbinary people on Friday filed a federal lawsuit challenging a new Florida law requiring people to use public restrooms that align with their sex assigned at birth, asking a judge to block enforcement before an upcoming march in Orlando.
A Uncomfortable Supreme Court Hears Abortion-Ban Case, with Privacy Protections on the Ropes
Five of the seven justices are appointees of the anti-abortion Gov. Ron DeSantis. A sixth, Charles Canady, is married to the legislator who co-sponsored the six-week ban on abortion. He did not recuse himself. If the court upholds a 15-week abortion ban, it would also mean that a six-week ban–more recently passed by the Legislature–would take effect 30 days after the ruling.
‘Fairness and Diversity’ Training for Judges? Florida Supreme Court Rules It Unnecessary.
The Florida Supreme Court on Thursday kept in place a decision to delete part of a rule that allowed judges to take courses in “fairness and diversity” to meet continuing-education requirements. In a 5-1 order, the court said it had considered comments and determined that “no further amendments to the rule are warranted at this time.”
With K-12 Health Standards Mum on Abortion, Younger Floridians Seek More Influence Ahead of Court Case
The Florida Supreme Court will hear oral arguments on Sept. 8 on the abortion issues and could reverse the course the court set more than 30 years ago. Some young Floridians are turning to the future of reproductive freedom in Florida, as through Floridians Protecting Freedom, the group that launched a pro-abortion initiative to add a constitutional referendum on reproductive freedom to the November 2024 ballot.
Judge Rules Unconstitutional DeSantis Plan That Eliminated Black Representation
Circuit Judge J. Lee Marsh ruled that a congressional redistricting plan pushed through the Legislature by Gov. Ron DeSantis violated the Florida Constitution and needs to be redrawn. The judge sided with voting-rights groups in a lawsuit focused on a North Florida district that in the past elected Black Democrat Al Lawson but was dramatically revamped during the 2022 redistricting process. White Republicans won all North Florida congressional districts in the November elections.
Federal Judge Refuses to Block Florida Law Targeting Adult Transgender Care, But Individuals May Sue
A federal judge on Friday refused to block a new Florida law making it more difficult for transgender adults to access hormone therapy and surgeries. But U.S. District Judge Robert Hinkle said he could issue a narrowly tailored injunction to ensure care for individual plaintiffs if they provide detailed medical records.
White Supremacist Murders 3 Black People at Dollar General in Jacksonville, Before Shooting Himself
Sheriff T.K. Waters said two males and one female — all Black — were killed in the shootings, and the shooter killed himself. He had been armed with an AR-15 style rifle and a handgun, with the rifle showing several swastikas. At the time of the news conference, the shooter’s name had not yet been identified, but Sheriff Waters said the man had authored manifestos that were provided to his parents, the media, and federal agents. The sheriff referenced the “disgusting ideology of hate.”
Flagler Schools Have a ‘Subgroup’ Problem. It’s Not Blacks. It’s Not Even Students.
It is now so routine to reduce individual students to cogs among subgroups enslaved to the expectations of standardized testing that our educators have lost sight of their purpose. The state’s transformation of education into a dehumanizing machinery is to blame. So is the Flagler County School Board’s emphasis on running the district as a business, and now branding its superintendent a “CEO.” The individuality and dignity of students is lost to a damaging bottom-line mentality.
Ohio’s Message to Florida: There’s Still Hope for Democracy
Terrified that an amendment giving women — not Gilead Republicans — control over their reproductive health would pass in November, Ohio’s right-wingers figured they’d change the rules in the middle of the game. But on Aug. 8, voters in this allegedly red state rejected a Republican-backed measure to make it harder for citizens to amend their constitution.
Forced-Birth Reactionaries Fail to Rig the Game in Ohio
In a red Ohio referendum this week, forced-birth reactionaries got blown out by a whopping margin of 430,000 votes. No word yet on whether Roe v. Wade killer Donald Trump has aspirationally asked Republican election officials to find 430,001 votes.