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Rights & Liberties

Battling a Pandemic of Bigotry

May 20, 2020 | FlaglerLive | 33 Comments

bigotry covid 19

Donald Trump fanned the flames of anti-Asian hostility by repeatedly calling Covid-19 the “Chinese virus” while the National Republican Senatorial Committee advised candidates to “attack China” as a mainstay of their campaign messaging.

A Perfectly Legal Lynching in Georgia?

May 12, 2020 | FlaglerLive | 28 Comments

Ahmaud Arbery, from a Facebook tribute page.

Killings of black men by whites are 8.5 times more likely to be ruled “justified.” That’s the reality behind a South Georgia prosecutor who’d said there was insufficient evidence to arrest two white men involved in the fatal shooting of black runner Ahmaud Arbery.

County Elections Supervisors Describe Struggles With Felons’ Voting Law and Lack of Reliable Data

April 29, 2020 | FlaglerLive | 7 Comments

Waiting for voters: equipment at the Flagler County Supervisor of Elections' office. (© FlaglerLive)

The state lacks a single database where felons, lawyers or elections officials can determine whether people have outstanding court-ordered financial obligations. Florida’s new but restrictive felon-voting law is the subject of a nationally watched trial this week.

How Many Deaths Can We Live With?

April 26, 2020 | FlaglerLive | 37 Comments

There was no hesitation in sending them to their death so others could live: the American cemetery in Colleville-sur-Mer, in Normandy. (© FlaglerLive)

The coronavirus emergency is raising ethical questions as communities reopen: how many deaths are we willing to live with, and whose deaths? The questions are at the heart of the debate on reopening, but are not being confronted honestly.

In Flagler Beach, a Few Dozen Demonstrators Rally for Trump, Leaving Reopening ‘Amerika’ To an Afterthought

April 25, 2020 | FlaglerLive | 55 Comments

Some 35 to 40 people stretched along State Road A1A in Flagler Beach this morning in what had been dubbed as a reopen-the-economy rally, but proved to be mostly a campaign rally for President Trump.

Flagler School Board Adopts Anti-Discrimination Policy Without Specified Protections for Transgender Students

April 23, 2020 | FlaglerLive | 4 Comments

Last February's demonstration outside the Government Services Building, before a school board meeting, which drew proponents and oppnents of the words "gender identity," proposed for a policy the board adopted on Tuesday--without the two words. (© FlaglerLive)

In contrast with months of raucous public debate on the issue, the Flagler school board in a virtual meeting on Tuesday adopted a policy without two words–gender identity–that had triggered intense controversy.

Lawsuit Challenging Florida’s “Poll Tax” on Felon Voting Rights Expanded to Hundreds of Thousands

April 13, 2020 | FlaglerLive | 9 Comments

Desmond Meade of the Florida Rights Restoration Coalition, which led the fight to restore voting rights for felons who have served their sentence, after regaining his own right to vote in January 2019. Meade is now helping lead the fight against the new restrictions the Florida Legislature imposed on felons' rights. (Facebook)

U.S. District Judge Robert Hinkle issued an order last week after saying he intended to grant class certification to plaintiffs, who allege that the 2019 law amounts to an unconstitutional “poll tax.”

Flagler Elections Supervisor Kaiti Lenhart Helping to Lead Push for Expansion of Mail Ballots and Early Voting

April 9, 2020 | FlaglerLive | 15 Comments

Flagler County Elections Supervisor Kaiti Lenhart. (© FlaglerLive)

Flagler County Elections Supervisor Keiti Lenhart is among the Florida supervisors who have asked Gov. Ron DeSantis for emergency measures they say will help them cope with an anticipated “significant statewide shortage” of poll workers later this year because of the coronavirus.

HIPAA Heist: Lethal Privacy In the Age of Coronavirus

April 2, 2020 | Pierre Tristam | 14 Comments

magritte coronavirus,secrecy

Misapplications and misinterpretations of the federal medical privacy law known as HIPAA are conspiring to kill more of us than otherwise would die from the coronavirus. And officials are taking advantage of the law to cloak their failures.

When DeSantis Shut Reporter Out of Coronavirus Briefing, He Shut Out All Floridians

March 31, 2020 | FlaglerLive | 28 Comments

Gov. Ron DeSantis at Saturday's briefing on the coronavirus. (Via Florida Channel)

Gov. Ron DeSantis denying Mary Ellen Klas, a Miami Herald/Tampa Bay Times reporter in Tallahassee, access to his coronavirus press conference on Saturday was vindictive, petty — and illegal. It denied access to the Floridians who look to these media outlets for vital information.

Flagler Cases Up to 4; Woman Treated for Covid-19 at Advent Is Released, But Her Son, an FPC Student, Tests Positive

March 24, 2020 | FlaglerLive | 12 Comments

Louise McCourty, a Flagler Palm Coast High School employee, distributing meals today at the school to families with children 18 and younger. (Flagler Schools).

Tuesday was proving to be a day of mixed signals, with resilience and fortitude competing with challenges and more dispiriting numbers as various segments of society were rapidly adapting to life under different degrees of restrictions and still often unclear expectations.

Flagler Beach and Flagler County Will Close 18 Miles of Beaches Monday Morning As Florida Infections Soar

March 22, 2020 | FlaglerLive | 57 Comments

flagler beach closing beaches

Flagler Beach and Flagler County are closing their beaches to the public starting at 6 a.m. Monday, joining a growing list of coastal communities and counties, in Florida and elsewhere, doing likewise in an increasingly strict response to the coronavirus.

Close the Damn Beach Already

March 19, 2020 | Pierre Tristam | 74 Comments

Visas to the virus: Flagler Beach this week. (© FlaglerLive)

By keeping the beaches open, Flagler and Flagler Beach officials are wanting it both ways. They’re sending contradictory messages and enabling irresponsibility. They’re issuing visas to the virus.

Flagler Circuit’s Chief Judge Issues Order With Potentially Extraordinary Measures as Florida Covid-19 Cases Double in 2 Days to 319

March 18, 2020 | FlaglerLive | 2 Comments

The Flagler County courthouse will be seeing a different sort of docket in the weeks ahead. (© FlaglerLive)

The court system’s new restrictions reveal the potential for extraordinary, court-ordered measures in answer to the coronavirus emergency, pointing to the sort of unprecedented role the courts and law enforcement may be taking on in the weeks and months ahead.

Why Flagler’s Covid-19 Cases May Not Be What They Are: Infected Non-County Residents Are Not Reported Locally

March 16, 2020 | FlaglerLive | 28 Comments

The Florida Department of Health has a new web page tracking coronavirus cases across Florida, but the numbers are less transparent than they seem.

Flagler County may well have one, two or three confirmed cases of coronavirus. If those cases were confirmed in non-Flagler County residents who happened to be in Flagler County, you will not know about them locally, according to Florida Department of Health rules.

In Stunning Reversal, Florida Supreme Court Rules Juvenile Prison Sentences May Exceed 20 Years

March 13, 2020 | FlaglerLive | 16 Comments

juvenile sentences

The 4-1 decision stunned public defenders, who expressed concern not only about its implications for juvenile sentencing but also about a reshaped court emboldened to revisit issues the legal community had considered settled.

Volusia/Flagler Chapter Marks ACLU’s Centennial With “Future Voters Essay Contest” and $500 Prize

March 9, 2020 | FlaglerLive | 2 Comments

Lin-Manuel Miranda, his father Luis Miranda, and John James have a message on the ACLU's 100th birthday. (ACLU)

The American Civil Liberties Union (ACLU) ‘s Volusia/Flagler chapter is celebrating the ACLU’s 100th birthday with an essay contest open to all students, with a $500 prize and publication of the winning essay in FlaglerLive.

Florida House Speeding Toward Proposal to Allow Stadium-Wide Prayers at High School Games

March 8, 2020 | FlaglerLive | 16 Comments

public address prayers

Amid a long-running legal battle, the Florida House on Friday moved forward with a proposal that could allow schools to offer prayers over public-address systems before events such as high-school championship football games.

DeSantis Favors Senate Bill That Would Require All Public and Many Private Employers to E-Verify

March 5, 2020 | FlaglerLive | 7 Comments

E-Verify systems have their opponents. (longislandwins)

All public employers including school districts, state agencies and public universities and private employers with at least 50 employees would have to use the federal system, or one that the state Department of Economic Opportunity deems is “substantially equivalent” to E-Verify.

School Board Superintendent Interviews: Cathy Mittelstadt

March 5, 2020 | FlaglerLive | 1 Comment

Cathy Mittelstadt at the end of her interview. (© FlaglerLive)

Cathy Mittelstadt, an assistant superintendent for operations in St. Johns County for the past three years, spent the majority of her professional years, almost all of them in leadership positions, in Florida’s top-ranked school district.

Misplaced Inquisitions: Mayor Holland, Coastal Cloud and the Palm Coast Observer

March 4, 2020 | Pierre Tristam | 32 Comments

Mayor Milissa Holland anchored a 90-minute segment at Monday's Palm Coast City Council meeting, devoted entirely to refuting allegations about the city's relationship with Coastal Cloud, and the mayor's role. The mayor is a company employee. (© FlaglerLive)

Mayor Milissa Holland and Coastal Cloud Co-owner Tim Hale repeatedly–and unfairly–invoked Palm Coast Observer Editor Brian McMillan’s name in poor light during a 90-minute city council segment devoted entirely to refuting critical allegations about the city’s contract with the company.

Full House and Senate Will Vote on Requiring ‘Moment of Silence’ in Schools

March 3, 2020 | FlaglerLive | 9 Comments

A line from a Walt Whitman poem at the Dupont Circle Metro station in Washington. (M.V. Jantzen)

The Senate Rules Committee on Monday signed off on a bill (SB 946) that would direct principals and teachers to give students up to two minutes each day to reflect on anything they want.

Stop Cloaking Bigotry in Veils of ‘Religious Freedom’

March 2, 2020 | FlaglerLive | 5 Comments

A Supreme Court case could open the door to even more legal discrimination in the name of religious freedom. The intolerant should rethink their claim to piety and morals, which contradict their ends.

Flagler Beach’s Oak Place Residents Want To Know Why the U.S. Post Office Won’t Deliver To Them

February 27, 2020 | FlaglerLive | 36 Comments

One of the post boxes the Postal Service won;tr deliver to on Oak Place in Flagler Beach, a street no different than many others in the city, the Hammock or unincorporated Flagler where delivery is routine.

The U.S. Postal Service refuses to deliver mail to houses along Oak Place in Flagler Beach even though FedEx, UPS and other delivery services do so, and the street, though dirt, is no different than innumerable such streets in the county.

Attorneys Urge Florida Supreme Court to Rethink Decision Making Unanimous Verdicts Unnecessary

February 22, 2020 | FlaglerLive | 2 Comments

The makeshift bell that opponents of the death penalty ring during vigils at every execution in Starke, the state prison where inmates are executed. (© FlaglerLive)

Pointing to “evolving standards of decency,” attorneys for a Death Row inmate have asked the Florida Supreme Court to reconsider a major ruling that said unanimous jury recommendations are not necessary before death sentences can be imposed.

Lessons from the Border

February 21, 2020 | FlaglerLive | 10 Comments

Central American migrants in southern Mexico. (Peter Haden)

Even if people know a little about the border with Mexico, many Americans simply have no idea about the U.S. policies that have created the displacement crisis, including American support for a criminal Honduran president.

‘This Will Not Stand’: Flagler Commission Prayer Draws Hint of Lawsuit as County Attorney Adamantly Defends Practice

February 20, 2020 | FlaglerLive | 40 Comments

Mike Cocchiola addressing the Flagler County Commission Monday on the new prayer the chairman of the commission speaks at the beginning of meetings.

As Mike Cocchiola, a member of the local ACLU chapter, suggested legal action may follow, County Attorney Al Hadeed “absolutely” defended the Flagler County Commission chairman opening sessions with a prayer. Hadeed overstated the actual legality of the practice, which courts are still contending.

Rebuking DeSantis, Federal Appeals Court Rules Florida Can’t Bar Felons From Voting Over Unpaid Fees

February 19, 2020 | FlaglerLive | 6 Comments

Desmond Meade --- a felon who garnered international acclaim for his advocacy for the constitutional amendment --- warned that the appeals-court ruling and Hinkle’s preliminary injunction applied only to the 17 plaintiffs in the case. (Desmond Meade/Facebook)

The Florida law enacting Amendment 4 “unconstitutionally punishes a class of felons based only on their wealth,” the 11th Circuit Court of Appeals ruled in a unanimous decision. But it applies only to 17 felons named in the suit for now.

Hearts and Rainbows v. Satan and Lies as LGBTQ Advocates and Opponents Hold Neighboring Demonstrations

February 18, 2020 | FlaglerLive | 26 Comments

Some of this evening's demonstrators for LGBTQ rights and protections in schools, from left, Jonas Winter, a 10th grader at Matanzas High School, Elliott Bertrand, a 10t grader at Flagler Palm Coast High School, Dmitri Marve, 12th grader at Matanzas, Lylia Demais, 7th grader at Buddy Taylor Middle School, and Takota Kokoun, 23, in college, formerly of Flagler schools. (© FlaglerLive)

The two demonstrations by advocates and opponents of LGBTQ rights outside the Government Services Building in Bunnell preceded the Flagler County School Board meeting Tuesday night, which again was dominated by transgender rights issues.

Flagler Politicians, Take Note: Brevard Taxpayers Just Paid $490,000 to Settle Illegal Christian Prayers at Meetings

February 13, 2020 | FlaglerLive | 36 Comments

Perhaps they should be praying not to get sued.

Just as Flagler County commissioners started proffering prayers at public meetings, as the school board almost did, the Brevard County Commission paid out $490,000 in a settlement for doing so illegally for years.

This Time Death Row Inmate Cornelius Baker Shows Up, Only To Learn His Chance for Re-Sentencing May Vanish

February 7, 2020 | FlaglerLive | Leave a Comment

Cornelius Baker, center, was as befuddled as everyone else in the courtroom MOnday when he showed up for the latest in a series of inconclusive hearings about his fate. His attorneys Junior Barrett, right, and Anthony Leonard, sat on either side of him. (© FlaglerLive)

Death row inmate Cornelius Baker’s fate is undetermined as the judge, the defense and the prosecution are all awaiting direction from other courts as to whether to re-try Baker in a sentencing phase or stick to his original death sentence.

The School Board’s Proposed Decorum Rules Are a Pretext to Silence Critical Information

February 6, 2020 | Pierre Tristam | 20 Comments

The Flagler County School Board has taken to plastering its rules outside meeting rooms. (© FlaglerLive)

The Flagler County School Board is considering speech restrictions at its meetings that include comment cards before a person can speak and prohibiting references to staff, students or anyone in the district.

Religious Leaders Defend Parochial Schools’ Shunning of LGBTQ Students on Taxpayers’ Dime

February 5, 2020 | FlaglerLive | 7 Comments

From the late medieval period. (© FlaglerLive)

Religious leaders and some black lawmakers on Tuesday escalated a fiery debate over anti-LGBTQ policies at private schools that receive state-funded scholarships, fueling discussions of religious freedom, discrimination and politics.

Rubio Derides as ‘Publicity Stunt’ Banks’ Funding Halt to Vouchers Underwriting Anti-Gay Schools

February 3, 2020 | FlaglerLive | 6 Comments

Sen. Marco Rubio. (NSF)

An investigation found at least 156 Florida private schools that took state-funded scholarships had anti-gay views or policies, and 83 of the schools refused to admit LGBTQ students or could expel them if their sexual orientations or gender identities were disclosed.

Girl Who Threatened to Kill FPC Teacher in Racist Screed Gets Probation, and Must Write Essay on Hate Speech

February 3, 2020 | FlaglerLive | 7 Comments

The girl was finger--printed immediately after the sentencing in circuit court this afternoon. (© FlaglerLive)

The 17-year-old former Flagler Palm Coast High School girl last December was found guilty of terrorist threats to kill her English teacher through racist-laced electronic messages with another student in December 2018.

The Senate’s Make-Believe Trial of Donald Trump

February 2, 2020 | FlaglerLive | 32 Comments

The building in back could use some repairs. (US Capitol)

In his 40 years as a lawyer, the author has never seen a trial flout the basic requirements for fairness so brazenly. In a real trial, any juror who admitted conspiring with the defendant would be unceremoniously ejected from the jury, for starters.

The Florida Lottery Exploits a Racist Stereotype

February 1, 2020 | FlaglerLive | 55 Comments

A still from the Florida Lottery's latest TV ad.

The Florida Lottery just issued a 30-second television spot that exploits a bigoted stereotype–the African-American with oversized lips–themed around making the black patient’s teeth “100 times whiter.”

Prosecution Asks for Temporary Halt in Cornelius Baker Death Penalty Re-Sentencing

January 30, 2020 | FlaglerLive | 1 Comment

Assistant State Attorney Jason Lewis, left, Assistant State Attorney Tammy Jaques and Assistant Regional Counsel Junior Barrett are asking Circuit Judge Margaret Hudson to delay the case of Cornelius Baker. (© FlaglerLive)

The prosecution is arguing that a Supreme Court decision last week may make the re-sentencing of convicted murderer Cornelius Baker, scheduled to start in four weeks in Bunnell, if unnecessary.

Florida House Panel Backs Bills Allowing Local Politicians to Arm Themselves at Public Meetings

January 29, 2020 | FlaglerLive | 18 Comments

guns county commissioners

The House Criminal Justice Subcommittee also approved a measure that would allow people to carry concealed weapons at religious institutions that share properties with schools.

Federal Appeals Court Hears Arguments on Repayments as Condition to Restoring Florida Felons’ Voting Rights

January 27, 2020 | FlaglerLive | 1 Comment

Florida law makes certain Americans less than 100 percent so. Above, officials from the Palm Beach Supervisor of Elections Office in an undated Florida Memory photo believed to be from the 1950s.

The fight is rooted in the wording of the 2018 constitutional amendment, which restored voting rights to felons “who have completed all terms of their sentence, including parole or probation,” excluding people “convicted of murder or a felony sexual offense.”

No, Joe Mullins, Flagler Is Not a ‘Trump County.’ It Is an American County.

January 27, 2020 | FlaglerLive | 114 Comments

Joe Mullins

Flagler County Commissioner Joe Mullins followed his call on liberals to love Flagler County or leave with suggestions of putting them on trains and buses, which brings to mind a different period of history, Christopher Goodfellow points out in an open letter to the commissioner.

Supreme Court Reverses Unanimous-Jury Requirement in Death Penalty, Raising Questions About a Flagler Case

January 24, 2020 | FlaglerLive | 2 Comments

Death Row Cell #5 at Florida's state prison in Starke. (DOC)

The Florida Supreme Court said unanimous jury recommendations are not necessary before death sentences can be imposed, backing away from a 2016 decision. The ruling puts in question the case of Bunnell’s Cornelius Baker, scheduled for a re-sentencing in February.

Wrongfully Convicted, He Was on Florida’s Death Row for 42 Years. He’s Seeking $2.5 Million the State Owes Him.

January 23, 2020 | FlaglerLive | 4 Comments

Clifford Williams spent 43 years on Death Row for a murder he did not commit. He is owed $50,000 for every year he was wrongly imprisoned. (NSF)

Clifford Williams, now 77, gives God the credit for his release from prison, after state prosecutors found he and his nephew, Hubert Nathan Myers, were wrongly convicted in the 1976 Jacksonville murder of a woman and the attempted murder of her girlfriend.

Beyond Transgender Student’s Transfer Out of Matanzas, Calls on School Board to Take LGBTQ Safety Seriously

January 22, 2020 | FlaglerLive | 23 Comments

Many in the school board chamber turned their back on Charlene Cothran as the pastor again attacked a transgender student and LGBTQ rights at a meeting of the board Tuesday evening.

A throng of students, faculty members and parents asked the Flagler County School Board Tuesday to support more explicit procedures protecting LGBTQ students as Charlene Cothran, a Palm Coast pastor, again attacked the a transgender student and ridiculed LGBTQ rights.

Flawed Marijuana-Impaired DUI Testing Means Wrongful Prosecutions and Lax Enforcement

January 19, 2020 | FlaglerLive | 7 Comments

DUI checkpoints can rely on relatively effective breath tests to check for alcohol-impaired drivers, but law enforcement has no equivalent to reliably test for marijuana impairment.

DUI-testing for marijuana impairment is inaccurate, easily disputed and defeated. The result is uneven prosecution. Innocent drivers are being wrongly convicted. Impaired drivers are remaining undetected, posing a potential safety risk to everyone on the road.

Florida Senate on Brink of New Rules for Drug Offenses, Lowering Sentences and Restoring Judges’ Discretion

January 17, 2020 | FlaglerLive | 5 Comments

Circuit Judge Terence Perkins presides over felony court in Flagler County. Judges would have more discretion in certain drug-trafficking cases when imposing sentence, if a bill set to pass the Senate is also approved in the Florida House and becomes law. (© FlaglerLive)

Under the new guidelines, judges would be allowed to consider shorter sentences and lower fines for drug-trafficking defendants who meet certain criteria. But the bill’s fate in the House is uncertain.

For Seven Days, Flagler Sees Florida’s Broken Death Penalty Machinery in Action

January 16, 2020 | Pierre Tristam | 20 Comments

death penalty broken trial tristam

Though David Snelgrove was finally sentenced to life in prison rather than death this week, his trial shows how the 20-year ordeal in court could have been avoided with the same result two decades ago, had capital punishment not been on the table.

Death Row’s Cornelius Baker a No-Show at His Own Pre-Trial Ahead of Potential Reprieve

January 15, 2020 | FlaglerLive | 1 Comment

Cornelius Baker was a no-show at today's pre-trial, taking advantage of the judicial equivalent of an excused absence--excused by the judge, though his own attorney was not aware that Baker had waived his presence, and the pre-trial had to be re-set for Feb. 4. Circuit Judge Margaret Hudson is presiding over the case. It is prosecuted by Assistant State Attorney Jason Lewis and Assistant State Attorney Tammy Jaques, right, and defensed by Junior Barrett (standing with the lawyers, closest to the camera). (© FlaglerLive)

Lawyers and the judge in the re-sentencing case of convicted murderer Cornelius Baker focused on a lengthy questionnaire about the death penalty the defense planned to submit to potential jurors. The judge ordered the questionnaire significantly shortened.

Life in Prison Without Parole, Not Death, For David Snelgrove as 20-Year Ordeal Over Fowler Murders Ends

January 14, 2020 | FlaglerLive | 2 Comments

David Snelgrove this morning, before the verdict, with his attorney, Michael Nielsen. In the foreground to the right, the murder victim's daughter eyed Snelgrove, having attended all seven days of trial, just as she had all previous such trials over the years. (© FlaglerLive)

The seven-day re-trial over the penalty for the 2000 murders in Palm Coast’s B-Section was necessary because two previous verdicts were ruled unconstitutional. Today’s verdict means that years, maybe decades, of further proceedings will not be necessary.

After Dueling Witnesses and Sniping Lawyers, Jury Must Now Decide Whether to Call for David Snelgrove’s Killing

January 13, 2020 | FlaglerLive | Leave a Comment

David Snelgrove's brain is at the center of the defense's strategy to ward off a death sentence for him. Snelgrove is to the right. His attorney, Michael Nielsen, is standing. (© FlaglerLive)

David Snelgrove’s double-murder of Glyn and Vivian Fowler in Palm Coast 20 years ago comes down, in this third sentencing trial in two decades, to a jury willing to believe he was a calculated killer as opposed to a crack-addicted mentally impaired man who snapped.

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