An effort to require public-school students to engage in a moment of silence at the start of each school day is back before the state Legislature. Sen. Dennis Baxley, R-Ocala, refiled legislation (SB 282) on Thursday that would require principals to direct first-period teachers to set aside one to two minutes for “quiet reflection.”
Rights & Liberties
Trevor Tucker, in Remarkable Shift, Provides 3-2 Majority to Add ‘Gender Identity’ to Long-Sought School Protections
The Flagler County School Board this evening reversed its April vote and added “gender identity” to its anti-discrimination policy, ending a year-long and at times controversial and embittered debate over the identity and rights of LGBTQ students.
Why Was Flagler’s County Administrator Allowed to Illegally Start a Public Meeting With a Christian Prayer?
A county commissioner read out a long and explicitly Christian prayer prepared by County Administrator Jerry Cameron at Monday’s commission meeting, breaking decades of precedent without prior legal review, public discussion or commissioners’ prior knowledge.
Pistols, a Hearse and Trucks Playing Chicken: Why Some Voters Felt Harassed and Intimidated at the Polls
Across the country, people complained about threats, aggressive electioneering and racist language both at early voting locations and on Election Day. We’ve corroborated some of those accounts.
Enough with ‘Patently False and Fabricated Conspiracy Theories’ on 2020 Vote, a GOP Elections Supervisor Says
Pasco County Elections Supervisor Brian Corley, a Republican, condemns continuing attacks on the integrity of the presidential election– the most secure, transparent election in history, he says, now undermined by “destructive rhetoric” that is “prioritizing politics at the expense of our country’s founding principles.”
Covid Justice: Florida Court Rules Zoom Hearings Don’t Violate Defendants’ Constitutional Rights
In a legal test of remote court proceedings during the Covid-19 pandemic, an appeals court Wednesday rejected arguments that using Zoom technology in a probation-violation hearing would violate a defendant’s constitutional rights.
The Strange Case of Cornelius Baker’s Dangling Fate on Death Row, 13 Years After a Bunnell Murder
Conflicting Supreme Court cases gave convicted murdered Cornelius Baker hope that he could get a new sentencing trial and escape the death penalty, as have two previous Flagler death row inmates. But the conflicting cases, again reflecting the contradictions of Florida’s capital punishment laws, now leave his fate in an absurd twilight zone.
Oral Arguments on Alachua’s Mask Mandate Evoke Hijabs, Nazis, KKK, Crime and, Finally, Public Health
Oral arguments about Alachua County’s mask mandate before a three-judge panel of the First Circuit Court of Appeal Monday was a spectacle of audacious leaps and strange analogies that nevertheless illustrated the sharp and far from resolved divide between mask proponents and anti-maskers, including on the judicial bench.
Court’s Trump Appointees Strike Down Florida Bans on Bigoted ‘Conversion Therapy’ Aimed at LGBTQ Children
Two South Florida ordinances barred therapists from providing treatment or counseling that is designed to change minors’ sexual orientation or gender identity. Critics of such therapy say it harms minors who are lesbian, gay, bisexual or transgender. The federal court ruled against the ban on First Amendment grounds.
11th Circuit Upholds Firing of Sandy Hook Massacre Denier and Florida Atlantic University Professor
A three-judge panel of the 11th U.S. Circuit Court of Appeals on Monday rejected James Tracy’s First Amendment arguments that he was fired in retaliation for views posted on a blog. The panel upheld a jury’s decision on the First Amendment issue and a district judge’s rulings against Tracy on other issues.
Federal District Court in Jacksonville Honors 2 Flagler Palm Coast High Students in 19th Amendment Essay Contest
Sean Gilliam, a junior and International Baccalaureate candidate at Flagler Palm Coast High School, was the second-place winner Friday in the 2020 high school essay contest sponsored by the federal court for the Middle District in Jacksonville, taking home a $1,000 check, and junior Kenny Logan won honorable mention and $50. Both are students of FPC history teacher Allison Elledge.
DeSantis Wants Court to Deny Further Challenges to School-Reopening Orders Across Florida
Trying to end months of legal wrangling, the state is urging an appeals court to keep in place a decision that backed Gov. Ron DeSantis and Education Commissioner Richard Corcoran in a fight about reopening schools during the Covid-19 pandemic.
If Trump Tries to Sue His Way to Election Victory, Here’s What Happens
It’s easy enough for the Trump campaign to file a lawsuit claiming improprieties, but a lot harder to provide evidence of wrongdoing or a convincing legal argument. Here’s what you need to know as the election lawsuits start to mount.
Holland and Klufas Hold On, Staly Wins Re-Election, Don O’Brien and Andy Dance Win County Commission, Ed Danko, Victor Barbosa Win Council Seats
With all early voting results counted, Sheriff Rick Staly had an insurmountable lead to win re-election to his second term, as did County Commissioner Donald O’Brien. Andy Dance, the school board member, also had an insurmountable lead to win the County Commission seat Charlie Ericksen opted not to contest.
Electionland: The State of Election Day in Palm Coast and Flagler County
At the current rate, and with mail ballots still being dropped off, Flagler could end the day with 75,000 ballots cast out of 92,000 eligible voters, for a turnout of 81 percent–close to the records of the 2000 and 2004 elections.
Supreme Court Rejects Death Row’s James Dailey’s Appeal in Murder of 14-Year-Old Girl
A three-judge panel of the 11th U.S. Circuit Court of Appeals disputed inmate James Dailey’s contention that newly discovered evidence would clear him in the murder of Shelly Boggio.
ACLU Condemns Flagler County Administrator Jerry Cameron Over ‘Disdain Toward Voters’
Cynthia Fisher, President of the Volusia/Flagler Chapter of the ACLU of Florida, called Flagler County Administrator Jerry Cameron’s refusal to suspend a construction project around the Government Services Building for the two weeks of early voting a voter-suppression tactic, and his attitude toward voters “condescending.”
Florida Supreme Court Will No Longer Review Death Sentences, Ending 50-Year Fail-Safe Step
The majority ruling was one of a series of opinions this year in which the Supreme Court, newly packed with right-wing judges, has reversed course on death-penalty and criminal legal precedents, opening the way to swifter and death sentences with fewer obstacles.
Election Supervisors Are Told Felons Must be Allowed to Cast Regular Ballots, Not Provisional
Attorney Ron Labasky sent an email to supervisors after lawyers for voting-rights advocates raised an alert about possible problems encountered by felons trying to cast ballots during the early voting period, which ends Sunday.
53,000 Flagler Voters Cast Ballots Without Incidents. A Handful of Local Republican Pols Have Behaved Less Well.
If voters have been model citizens so far, and they have, a very small handful of candidates or party operatives, particularly in the Republican Party, have been a little less so: their actions have required the interventions of poll deputies, of Supervisor of Elections Kaiti Lenhart and of sheriff’s deputies.
Teachers and Others Seek Rehearing in Court to Argue ‘Irreparable Harm’ of In-Person Schools
Attorneys for Florida’s teachers union and others point to the trial court’s factual findings, supported by clear evidence, establishing that the state had abused its powers in a way that was harmful to Floridians.” The motions pointed to continuing safety threats to teachers and other school employees.
A Week Before Prison Term Was to End, Palm Coast Man Faces Delayed Charges On Same 2-Year-Old Case
Brian Scott Odell, 37, pleaded guilty and was sentenced to two years in prison for unlawful sex with a 16-year-old girl, but now faces new charges from that same case, only because it took this long for investigators and the prosecution to produce the evidence. He was to be released to probation next week.
Emails Threatening Democrats to Vote Trump in Flagler County and Elsewhere Originated With Iran
The emails that several Flagler County Democrats, hundreds of Floridians and others across the country received today, threatening recipients to vote for Donald Trump or else, were the work of Iran, according to a federal investigation.
Early Voting Draws Out Voters in Throngs at 2 Palm Coast Locations and GSB, But Nowhere Near Record
Voters began lining up to vote more than three hours before early voting began today at the public library site, with lines growing to include hundreds of voters at each of the three sites in Palm Coast and Bunnell.
The Bigotry Behind Judge Barrett’s Judicial Hijab
We don’t have to imagine what Amy Barrett’s jurisprudence will look like regarding gay rights, abortion, women’s rights, sex discrimination, even human rights and the separation of church and state. Reactionaries can party like it’s Deuteronomy again.
‘If They Can’t Understand the Detour They Shouldn’t Be Voting,’ County Administrator Says, Reversing Pledge to Suspend Construction at GSB
County Administrator Jerry Cameron is refusing to suspend construction for the two weeks of early voting, even though voters must detour through a confusing maze to get to the county elections office in back of the Government Services Building.
Flagler Elections Supervisor Lenhart Issues Sharp, ‘Zero-Tolerance’ Warning Against Voter Intimidation
Responding to concerns about voter intimidation days from early voting in Flagler, both Supervisor of Elections Kaiti Lenhart and Sheriff Rick Staly are sending strong messages to would-be disrupters at polling places, and preparing for polling days with 39 poll deputies–civilians sworn in just for the election period.
Judge Refuses to Extend Florida’s Voter-Registration Deadline Even as He Calls System Broken
Saying “this court cannot remedy what the state broke,” a federal judge on Friday reluctantly refused to give Floridians more time to register to vote after a state online system crashed in the hours before Monday’s deadline to sign up for the November presidential election.
Federal Judge Weighs Extending Florida’s Voter-Registration Deadline After State System Crashes
A federal judge has fast-tracked a lawsuit seeking to extend the period of time for Floridians to register to vote in the November presidential election, after the state’s online system repeatedly crashed in the hours leading up to a registration deadline Monday.
Our Toothless Mask Mandates
Americans have gotten used to all sorts of mandates, from cleaning up after dogs to stopping at intersections. There’s no reason it should be this hard to enforce ones around the coronavirus.
Why Are Republicans Listed First on Election Ballots? Democrats Want Full Federal Court to Hear Challenge.
The petition was the latest move in a legal battle about a state law, initially passed in 1951, that requires candidates who are in the same party as the governor to appear first on the ballot. The law was passed during a time of Democratic dominance of Florida politics.
Trump Supporter’s Obscenity-Laced Video Against Democrats in Town Center Draws Sheriff’s and Bi-Partisan Rebuke
Sheriff Rick Staly called for calm in the election season after a Palm Coast man’s video of himself hurling obscenities and provoking Democrats at a Town Center rally circulated on Facebook. Democrats, Republican and Trump Club officials all denounced the video.
Bloomberg Seeks to Pay Felons’ Outstanding Fines So They Can Vote. DeSantis Wants Him Investigated.
Attorney General Moody at the request of DeSantis asked the FBI and FDLE to investigate Bloomberg raising at least $16 million for the Florida Rights Restoration Coalition, contending it could be a violation of state laws against offering incentives to people or groups in exchange for voting in a particular manner.
DeSantis Election-Keyed Proposal to Criminalize Certain Acts at Protests Sparks Partisan Furor
The proposal comes as Republicans double down on efforts to deliver a second presidential victory to Trump in Florida, a battleground state with 29 prized electoral votes, on Nov. 3.
DeSantis Calls for Criminalizing Numerous Acts By Protesters While Protecting Those Who Hurt Them
DeSantis, a staunch supporter of Trump, calls for new felony crimes when property is damaged or when people are injured as a result of protests while drivers would not be liable for injuries or deaths “caused if fleeing for safety from a mob.”
How Detectives Used Facebook, Cell Phone Records and Tag Readers in Home-Invasion Armed Robbery Arrest
The story behind the latest arrest is a window into detectives’ methods, illustrating how the use of technology such as license plate readers, search warrants for cell phone records and Facebook accounts, and old-fashioned on-the-ground interviews combined to help connect the dots and build a case against an otherwise elusive suspect.
Save Lives. Fill Out Your Census.
Certain communities — such as rural, Black, Indigenous, Latinx, immigrant, and LGBTQ folks — are especially likely to be undercounted. Some experts warn this year’s census could be the worst undercount of Black and Latinx people in 30 years.
Federal Court’s 6-4 Ruling Deals Heavy Blow to Felon-Voting Rights, Upholding Florida Restrictions
A divided federal appeals court on Friday upheld the constitutionality of a Florida law requiring felons to complete all financial terms of their sentences — including paying fines, fees, costs and restitution — to be eligible to vote.
Joe Mullins Fires Demeaning Personal Insults at Commissioners in a Meeting, Repeating ‘Dangerous’ Pattern
Flagler County Commissioner Joe Mullins called fellow-Commissioner Greg Hansen a “fat sonofabitch” and Charlie Ericksen a “useless old man” at a meeting Wednesday just months after Ericksen had felt so threatened by Mullins that he called on Sheriff Staly for help.
Heroes
If Flagler County had a Nobel Prize, Flagler Health Department Chief Bob Snyder and Dr. Stephen Bickel, the medical director there, would have won it this year for their management of the coronavirus pandemic, absurd claims against them notwithstanding.
County Commission Meeting Turns Circus as Defiant Anti-Maskers Spread Falsehoods Before They’re Asked to Leave
A group of anti-mask militants held up the county commission meeting for 30 minutes today before addressing the panel in brews of misinformation, social media memes and alternative facts and calling for the removal of the Health Department’s Bob Snyder and Dr. Stephen Bickel. The commissioners explicitly rebuffed the militants in turn.
State Puts Gag Order on Flagler Health Department’s Public Release of Covid Numbers in Schools
The state’s gag order falls as the Flagler health department was preparing to issue a weekly reports of cases in schools, and as a drizzle of covid cases continues to affect Flagler schools, with a few classrooms, individual faculty and students required to quarantine. The district intends to issue some of the information.
Motorized March to Flagler Courthouse Friday Marks 1963 March on Washington and Justice Reform
After the motorized march wends its way into the parking lot, speakers on the steps of the Flagler County courthouse commemorating the 1963 March on Washington will talk on criminal justice issues, voting rights and police reform.”
Hundreds of Thousands of Nursing Home Residents May Not Be Able to Vote in November Because of the Pandemic
Swing states such as Florida and Wisconsin have suspended efforts to send teams to nursing homes to assist with voting. Despite a federal law that residents must be “supported by the facility in the exercise of” their rights, some states prohibit staff from actively doing so.
Wear a Mask If You Can. But Don’t Bully Those Who Can’t.
“I know when I go out now that people are looking at me and judging me. They assume I don’t believe in science or I don’t care about their health, and neither is true,” the author writes.
Federal Court Freshly Stocked With Former DeSantis Picks In Showdown Over Florida Felon Voting
As Floridians went to the polls in Tuesday’s primary elections, an Atlanta-based appeals court held arguments in a showdown over voting rights that could determine whether hundreds of thousands of convicted felons will be able to cast ballots in the November presidential election.
As Trump Steps Up Vote-By-Mail Attacks, Postal Officials Warn Florida of Ballot Deadline Problems
With millions of Floridians seeking to vote by mail amid the coronavirus pandemic, postal officials have warned Secretary of State Laurel Lee that the state is at risk of having ballots go uncounted in the November presidential election.
St. Johns Schools Discriminated Against Transgender Student, Appeals Court Rules in Case with Local Implications
On the heels of months of debate over Flagler schools’ stance on transgender students, the 11th Circuit Court of Appeals ruled on Friday that the St. Johns County school district discriminated against a transgender high school student by denying him the right to use the boys’ bathroom.
Constitutionality of Mask Ordinance Goes Before Appeals Court in Case With Broad Implications
Plaintiff Evan Power, the Leon County Republican Party chairman, is teaming with state Rep. Anthony Sabatini, R-Howey-in-the-Hills, to challenge the county’s ordinance, which a Leon County judge found constitutional.
Florida Cops in Use-of-Force Incidents Are Not Shielded by Victims’ Rights Law, Judge Rules
Two Tallahassee police officers contended that the amendment should shield the release of their names because they had been victims in incidents that required the use of force — including a high-profile incident in which an officer shot and killed a transgender man.