Details of the December 2012 fatal shooting of 32-year-old Troy Gordon on Brownstone Lane in Palm Coast, at a time when Don Fleming was still sheriff, emerged in a court case today that revealed how a union could trump sheriff’s policy even in grave shooting incidents.
Rights & Liberties
Federal Judge Rules Florida’s Same-Sex Marriage Ban Unconstitutional, But Stays Decision
It is the fifth court decision in the state finding against Florida’s ban, but the first federal-court decision, and the first that applies state-wide. Nevertheless, as in previous cases, the judge stayed the decision, granting time for this and other decisions to be appealed.
The Phony War Over Campaign Signs
The problem isn’t the county’s ban on campaign signs at the public library, it’s the dismal slate of candidates on this year’s primary ballots, but Flagler’s Ronald Reagan Assembly candidates and Supervisor of Elections Weeks have teamed up to play up a bogus controversy.
Every Town a Ferguson:
Reflections of a Scary Black Kid from Brooklyn
Next time you feel intimidated by a black man, try to understand that it’s not about you, writes Jon Hardison, as much as it reflects remnants of a fear of what the average black American grew up with.
Kimberle Weeks Calls County’s Campaign Sign Rules “Interference”; Administrator Craig Coffey Responds
Flagler County Supervisor of Elections Kimberle Weeks says the county’s political-sign rules “may create an unpleasant and dangerous environment” for voters and campaigners at the public library. County Administrator Craig Coffey disagrees.
4th Judge in 3 Weeks Strikes Down Florida’s Gay-Marriage Ban
A Palm Beach County circuit judge ruled Tuesday that Florida’s same-sex marriage ban was unconstitutional in a probate case involving a gay couple who married in Delaware.
County Forcefully Rejects Elections Supervisor’s Claims That Campaign Sign Restrictions Hurt Turnout
Aided by a political candidate, Flagler Supervisor of Elections criticized county rules barring election signs on public property, claiming it lowers turnout and interferes with elections, promoting forceful rebuttals from the county administration.
Judge Upholds Blind Trust Law, Allowing Gov. Scott to Shield Assets From Public
Critics say the device contradicts constitutional safeguards requiring Florida voters to be made aware of what a public official owns and how it might affect his or her decisions. Scott, who reported a net worth of $132.7 million as of the end of last year, is believed to be the only official using a blind trust.
Florida’s “Docs vs. Glocks” Bill Wins Federal Appeals Court Approval in 2-1 Ruling
The 11th U.S. Circuit Court of Appeals said the state Legislature had the right to pass the NRA-backed law, which includes provisions restricting doctors and other medical providers from asking questions about gun ownership during medical visits.
Florida Ban on Gay Marriage Is Declared Unconstitutional, But Miami-Dade Judge Stays Decision Until Appeals
Eight days after a Monroe County judge declared a ban on same-sex marriage illegal, a Miami-Dade circuit court judge late today struck down the ban in Florida on behalf of six gay couples, but stayed her decision until the results of an appeal.
Israel’s March of Folly
Israel’s latest attack on Gaza reflects yet again that peculiar blend of arrogance and bigotry that has characterized Israeli policy toward Arabs since 1982: the arrogance that Israel is infallible, and the bigotry that sees Arabs either as inferior creatures to be walled off or as terrorists to be killed. It shouldn’t be surprised when the beasts rebel.
Florida Supreme Court Seeks Clarity on Inmates Sentenced to Life in Prison as Juveniles
The U.S. Supreme Court held that juvenile sentencing guidelines must offer young offenders the chance to have their cases reviewed after serving a certain number of years. A Florida law went into effect July 1, seeking to comply. But it remains unclear in key regards.
The Only Immigration “Crisis” Is America’s Refusal to Take In Children With Open Arms
What are we to make of people who will stand in front of a TV camera and say they don’t want “those” people in their town? What are we to make of people who know so little of their beloved country’s history that they will make a mockery of the Statue of Liberty’s welcoming torch by greeting busloads of terrified children with shouts of “Go back where you came from”?
Calling It “Obviously Unconstitutional,” Judge Strikes Down Gay Marriage Ban in the Keys
Judge Luis Garcia, a Jeb Bush appointee, ruled that fundamental rights such as marriage may not be defined by the state, nor can they depend on a vote, such as Florida’s 2008 constitutional amendment banning gay marriage. But the ruling applies only in Monroe County.
Palm Coast Activists Drop 1,600 Postcards to Rep. Ron DeSantis, Seeking Better Gun-Safety
The national, week-long “Not One More” campaign was inspired by the passionate plea of Richard Martinez, father of a victim of the May 23 mass shooting in Santa Barbara, in which Elliot Rodger killed six people and injured 13 before killing himself.
Hobby Lobby and Religion’s
Assassination of Common Sense
The Supreme Court’s decision granting some companies authority to deny contraception to employees is a reminder that women-hating, science-bashing and religiously-based bigotry veiled as “faith” are alive and well in America.
Blame Democrats for the Court that
Birthed the Hobby Lobby Decision
On the other hand, Democrats appear to have been clueless — and (some even) complicit, writes Stephen Goldstein. Year after year, they approved the radical majority of justices who now make up the “Roberts Court,” even when they knew their extreme agenda.
Gov. Scott Gives Up Drug-Testing Half of State’s Workers, But Still Aims Pee Cup at Rest
The governor has not conceded that forcing state employees to undergo urinalysis is unconstitutional despite lower court rulings that spurred the concessions. The U.S. Supreme Court earlier this year refused to take up the case, but it is believed Scott will again ask the high court to rule on the case if he ultimately loses in lower court proceedings.
Jose Manuel Godinez-Samperio, “Undocumented” Immigrant, Earns Florida Bar Recommendation To Be an Attorney
The action benefiting Jose Manuel Godinez-Samperio, of Largo, came less than two months after Gov. Rick Scott signed into law a bill (HB 755) that allows “Dreamers,” undocumented immigrants brought to the country as children, to be eligible for The Bar.
Birth Control Coverage: Hobby Lobby Decision May Not Be The Last Word
The Supreme Court’s decision Monday saying that “closely held corporations” do not have to abide by the contraceptive coverage mandate in the Affordable Care Act may not give those firms the ability to stop providing that coverage after all.
Corporate Religious Liberty: The Supreme Court’s Misguided Decision
When companies have clear policies on religious discrimination, their employees are less likely to be looking for a new job. The Hobby Lobby decision may undercut such successes when companies opt to follow its dictates, writes Joyce S. Dubensky.
Florida Justice Barbara Pariente’s Crusade: Jurors Need Help Understanding that Eyewitness Testimony Is Unreliable
Justice Pariente noted that the Innocence Commission analyzed wrongful convictions and highlighted eyewitness misidentification, which has been a factor in 75 percent of convictions later exonerated through DNA evidence nationally.
As Florida Eases Harsh Approach, Study Shows Locking Up Juveniles Makes Them Likelier Adult Criminals
Between fiscal year 2010-11 and fiscal year 2012-13, juvenile arrests in Florida declined 23 percent and felony juvenile arrests declined 17 percent, while transfers to adult court declined 36 percent.
John Ruthell Henry Is Executed, 18th Inmate Put to Death on Rick Scott’s Watch
No other first-term governor has signed the execution warrants of so many inmates since Florida re-instituted the death penalty in 1976. Since then, the state has executed 87 inmates. One in five of those has been executed on Scott’s watch, in less than four years.
Domestic Spying: How Marketers’ Tracking of Your Web History Is Getting Creepier–Offline
Online marketers are increasingly seeking to track users offline, as well, by collecting data about people’s offline habits—such as recent purchases, where you live, how many kids you have, and what kind of car you drive.
Florida Supreme Court Upholds “Timely Justice” Law Fast-Tracking Executions
In a concurring opinion of the unanimous decision, Justice Barbara Pariente emphasized that the law would not affect the Supreme Court’s “solemn responsibility” to block executions if needed to ensure that defendants’ rights have been protected.
Jitter Echo: Opponents of Amendment 2 Launch “Don’t Let Florida Go to Pot” Campaign
Opponents of a proposed constitutional amendment that would legalize medical marijuana launched the “Don’t Let Florida Go to Pot” campaign Tuesday, warning that passing the measure would lead to widespread abuse. Proponents of the measure are discrediting the campaign.
ACLU Sues Sarasota Police For Access To Records On Cell Phone “Stingray” Tracking Program
The ACLU of Florida has been seeking public records for several months now from about 30 police departments and sheriffs’ offices all over Florida in an effort to access whether or not police are not trampling on privacy rights.
Florida Leads Nation in Inmates Who Serve 100% Of Their Sentence, Increasing Chance of Re-Offending When Released
A new study by the Pew Charitable Trusts finds Florida leading the nation in inmates who “max out” their sentences — serving 100 percent of their time and being released with no supervision beyond the prison gates, thus increasing the chance of re-offending. Almost a third do re-offend.
Sunshine Lows: Cities and Counties Do a Lousy Job of Sharing Information With Citizens
When the First Amendment Foundation publicized its transparency scorecard last month, it found that on average, cities and counties in Florida had lots of room for improvement in sharing the workings of government with the governed.
In a Defeat For Non-English Speakers, Court Bars Entitlement to Spanish-Speaking Shrinks in Workers-Comp Claims
In what could be a first-of-its-kind decision in Florida, an appeals court ruled Tuesday that a man suffering from head injuries was not entitled to treatment from a Spanish-speaking psychologist as part of a workers-compensation insurance claim.
No Castle Doctrine: A Homeowner Is Arrested in F Section For Refusing to Let In Cops to Serve a Warrant
Susan Jones, for more than seven years a home owner on Palm Coast’s Ferdinand Lane, was arrested when she attempted to refuse entry to deputies who wanted to serve an arrest warrant on another woman staying in Jones’s house.
Alan Grayson Amendment Puts NSA on Notice Over Encryption Standards
An amendment filed by Rep. Alan Grayson, D-Fla. and adopted by a House committee would, if enacted, take a step toward removing the National Security Agency from the business of meddling with encryption standards that protect security on the Internet.
U.S. Supreme Court Declares Florida’s Death Penalty Too Rigid in Low I.Q. Cases
The court, in a 5-4 decision, said Florida’s use of an IQ score of 70 “creates an unacceptable risk that persons with intellectual disability will be executed, and thus is unconstitutional.” “Intellectual disability is a condition, not a number,” wrote Justice Kennedy for the majority.
Double-Killing in Ormond Beach:
Not Murder-Suicide, But Mercy and Heroism
Shortly after midnight today John Poucher, 89, shot his wife Barbara, 86, who was suffering from Alzheimer’s, then shot himself. The killings will be logged inaccurately as a murder-suicide. The crime is that we live in a society still too barbaric to give assisted suicide and mercy killing its due.
Florida Prisons Want To Slash Kosher Offerings; Justice Department Says It Would Be Illegal
In a brief filed Monday, lawyers for the Department of Corrections argued that the law allows Florida to scrap the kosher meals because of the financial burden placed on the “cash-strapped agency.” The state has spent more than $200,000 on the lawsuit so far.
On the Road to Marriage Equality, Florida Slams Against the Worst of Homophobia
Florida is nearing what could be a major step forward on marriage equality. But with awmakers like Charles Van Zant, we have some ugly reminders that the ignorance, prejudice and downright stupidity that plagued us in a dark past, are still alive and unwell today, writes Daniel Tilson.
Democrats Push to Restart CDC Funding for Gun Violence Research; NRA Calls It “Unethical”
Since 1996, when a small CDC-funded study on the risks of owning a firearm ignited opposition from Republicans, the CDC’s budget for research on firearms injuries has shrunk to zero. Two Congressional Democrats are unveiling legislation Wednesday that would restart such research, for $10 million.
When Guns and Mental Health Intersect: Cops Seize Arsenals on Two Occasions in 5 Days
For the second time in five days Flagler County Sheriff’s deputies have seized, with consent, two unrelated individuals’ weapons for safekeeping after incidents involving excessive grief or hallucinations, and fear among cops or relatives of the individuals involved that they could harm themselves if their weapons were left in their possession.
Satanic Temple, Come On Down: Florida Eases Holiday Display Bids at State Capitol
Rather than institute a new policy that would limit displays as some expected, the state Department of Management Services is trying to make the application process easier for groups seeking to put up temporary displays in the Capitol complex. The Satanic Temple will give Florida another chance after being blocked from putting up a holiday display last year.
Gov. Scott Sticking By Lethal Injection Formula Despite Gruesome Execution in Oklahoma
A new report issued by the Constitution Project on Wednesday recommends that states like Florida scrap the three-drug lethal injection cocktail that resulted in a botched execution in Oklahoma last week and switch to a single drug instead. But Gov. Rick Scott’s administration says it’s making no changes.
Palm Coast Council May Consider Red-Light Camera Referendum, But Wants More Talk
There were no dramatic moves Tuesday evening among council members or from the city manager. A dozen members of the public addressed the issue, as did City Manager Jim Landon, as did most of the council members and the mayor. But in the end, the most conclusive action was that the council should talk the matter over more thoroughly at a workshop soon.
Supreme Court’s Decision Allowing Prayers at Government Meetings Reverberates Locally
The U.S. Supreme Court’s 5-4 decision today allowing explicitly religious prayers at local government meetings had two direct connections to Palm Coast and Bunnell. So the ruling had particular resonance locally—happily for some, not so happily for others.
Support for Medical Marijuana Surges to 88% in Florida, Stoking Prospects for Amendment 2
The prospects for Amendment 2 don’t stop with pot. The Amendment is expected to draw out voters who support it. The turnout may influence the outcome of the governor’s race pitting incumbent Rick Scott against former Gov. Charlie Crist, whose boss, John Morgan, is leading the battle to legalize medical marijuana.
Federal Order Formalizes Agreement Between Flagler Sheriff and ACLU Ending Postcard-Only Mail at Jail
Flagler County Sheriff Jim Manfre had nothing to do with a sadistic postcard-only mail policy at the Flagler County jail when he was targeted by an ACLU lawsuit charging First Amendment violations. A federal judge formalized the final settlement of that lawsuit on Thursday.
For 2nd Time in 6 Weeks, a Flagler Judge Declares Palm Coast’s Red-Light Camera System “Improper” and Issues Stern Order
After a hearing on red-light camera citations where Palm Coast was, inappropriately, a no-show, Flagler County Judge Melissa Moore-Stens on Wednesday ordered the city to show why it was circumventing the court’s authority by telling drivers they could settle their camera citations by directly paying the city rather than follow legally required steps–and pay fines–through the court system.
In Clearest Pro-Immigrant Shift Yet, Gov. Scott Demands a Senate Vote on In-State Tuition for Undocumented
The governor, who originally came to office threatening to crack down on undocumented immigrants, said Tuesday that his opinion on the issue was shaped by stories he’s heard from students who grew up in Florida and would benefit from being able to pay the cheaper, in-state tuition rates.
0-For-5: In latest Blow to Scott, U.S. Supreme Court Rejects Appeal on Drug-Testing State Workers
The U.S. Supreme Court’s decision not to take up the case means that the 11th U.S. Circuit Court of Appeals ruling stands: Drug tests can’t be justified constitutionally for many of the 85,000 workers who would have been subject to Scott’s policy. The two sides continue to carry out a painstaking process of looking at different categories of workers to determine whether some could be subject to drug testing — a process stemming from the appeals court ruling.
A Rabbi, a Priest and a Bible Walk Into a Seminar: An Interfaith Class in Palm Coast Delivers Weekly Punchlines
Every week since December at St. Thomas Church in Palm Coast, Rabbi Merrill Shapiro and Rev. Robert Elfvin have led an interfaith seminar, open to all, on the Bible as it is read through Jewish and Christian eyes. No ideas are out of bounds and some are off the wall, but participants find it bracing, eye-opening and overdue. Ezra Salkin reports.
Dream Act’s Florida Push Dies as Senate Panel Kills Proposal to Give In-State Tuition to Undocumented Immigrants
Supporters of the bill seemed taken aback by the news, which came less than a week after Sen. Jack Latvala, the Clearwater Republican who sponsored the bill, announced that half the Senate had agreed to join him in sponsoring the measure. Latvala and Negron are locked in a battle over the Senate presidency for the session beginning after the 2016 elections.