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.
Rights & Liberties
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.
Despite Parental Notification Law, Court Finds Room for Teens to Protect Privacy When Seeking Abortion
Florida voters in 2004 approved a constitutional amendment that requires parents to be notified before their minor daughters can have abortions. But an appeals court ruling released Friday shows how far teens can go to challenge the law–and preserve their privacy when seeking an abortion.
Replacing Salisbury Steak With Sardines, Florida Prisons’ Kosher Option Raises Hackles
Inmates contend that the peanut butter, sardines and cabbage served up daily by the Florida Department of Corrections are designed to discourage them from signing up for the kosher meals or to punish inmates if they do, and that the chow is far from what a federal judge had in mind last year when she ordered the state to start serving kosher meals to inmates.
Abortion Restrictions May Tighten in Florida as “Viability” Bill Diminishing Women’s Rights Moves Forward
Under current law, third-trimester abortions are allowed if they are necessary to save a pregnant woman’s life or preserve her health, The proposals would make that standard more restrictive, and would exclude a woman’s psychological health as a reason to perform an abortion.
Rick Scott’s Dilemma: Helping Undocumented-Immigrant Students Or Sticking to His Base
While Scott has repeatedly said he supports a proposal to end annual 15 percent tuition hikes, he’s remained mum about the portion of the bill that would grant in-state tuition to undocumented students, or Dreamers.
Spurred By Judge Craig’s Drubbing of Palm Coast, Rep. Hutson Calls for Repeal of Red-Light Cameras
Calling himself “in complete opposition to the use of red light cameras in Florida,” Rep. Travis Hutson, whose district includes all of Flagler County, took the unusual stop of criticizing Palm Coast’s method of unduly punishing vehicle owners who are cited even though they may not be driving the cited vehicle. He called attention to two measures that would repeal ca,eras or change the rules in drivers’ favor.
Judge Craig Indicts Palm Coast’s “Bad Faith” Red-Light Cameras and Exposes City’s Legal Flaws as He Contests Violation
In a half-hour hearing before Palm Coast’s red-light violations officer, Flagler Circuit Judge Dennis Craig on Thursday ridiculed the city’s guilty-until-proven-innocent standard as well as the council’s claim that cameras are intended to improve safety. The city dismissed his citation not on the grounds he raised, but by inventing a case of “prudent” driving that the evidence did not show.
In-State Tuition For Undocumented Immigrants Passes House, 81-33, as GOP Opposition Thins
The measure allows undocumented immigrants to pay cheaper, in-state tuition rates if they attend Florida middle and high schools for at least four straight years before going to college.
Florida National Guard Stalls Proposal to Let Residents Carry Unlicensed Weapons During Emergencies
Concerns expressed by the Florida National Guard stalled an NRA-backed Senate proposal that would allow people without concealed-weapons licenses to carry concealed firearms when forced outside in times of emergency.
Senate Panel Unanimously Approves Minor Changes to Florida’s Stand Your Ground Law
The bill would clarify that a law enforcement agency must fully investigate whether a person claiming self-defense has lawfully used force. It also would no longer preclude lawsuits from third parties who are injured by negligent conduct used in self-defense.
Eight Gay Couples Married Elsewhere File Federal Lawsuit Challenging Florida’s Rights Violations
The lawsuit lists numerous examples of alleged disparate treatment, such as the state retirement system providing benefits to the surviving spouses of dead public employees who were in heterosexual marriages. Such benefits are not available to surviving spouses in same-sex marriages.
Sheriff Jim Manfre: How To Restore Common Sense to Stand Your Ground
The public’s valid concern over the vigilante-style actions of certain people who have watched too many Western movies should be dealt with through legislative action, argues Sheriff Jim Manfre, starting with a definition of self-defense that doesn;t leave its determination in the perpetrator’s hands.
Federal Lawsuit Against Palm Coast Code Enforcement Charges Search and Due Process Violations
Linda Thomas, a retired attorney in Palm Coast, filed the lawsuit in federal district court, charging the city’s code enforcement division with violations of the 4th and 14th amendments. Flagler County circuit court in two rulings already found the code enforcement division had improperly and arbitrarily cited Thomas, but the court did not address constitutional issues.
Supreme Court Calls on Florida Legislature to Legalize Right of Undocumented Immigrant “Dreamers” To Practice Law
The Florida Supreme Court unanimously ruled on Thursday that undocumented immigrants cannot be admitted to The Florida Bar, calling on the Legislature to change state law to allow so-called “Dreamers” to become attorneys.
Life Without Parole for Juveniles: Florida Struggles to Comply With Supreme Court Ruling
Florida sentences more juveniles to life in prison without parole than any other state, but the pressure is on the Legislature this year to comply with restrictive U.S. Supreme Court rulings because without sentencing guidelines, the Florida judiciary is filling the gap one case at a time.
Denying Service to Gays and Lesbians: Right of Conscience Vigilantism Meets Stand Your Ground
Bills in four states that would let businesses deny service to gays and lesbians on religious-freedom grounds are based on the same faulty justification of Stand Your Ground laws on self-defense grounds. In both cases, the 1st and 2nd Amendments are perverted into defenses of vigilantism rather than protection of rights.
Lock and Load: NRA-Willing, Florida Legislature Takes On Slew of New Gun Legislation
Bills dealing with toaster pastries and insurance policies are just two of more than a dozen gun-related measures lined up for the 2014 legislative session that starts Tuesday. As in previous years, many of them will go nowhere, especially if Marion Hammer, the National Rifle Association’s powerful Florida lobbyist, doesn’t like them.
Convicted in Trooper’s Murder, Paul Howell Is Executed, Gov. Scott’s 15th
Howell was convicted in 1994 in the 1992 murder of Florida Highway Patrol trooper Jimmy Fulford in 1992 when a bomb Howell manufactured exploded in the trooper’s hands after a traffic stop.
Global Warning Olympics: Closing Ceremonies for Winter
Watching the Olympics requires too much of a suspension of disbelief to make the effort worth the time or the self-deception. There was an added and quite massive invention to these games: faking winter in a warming world, though in that regard we’re all self-deluded Russians.
When a Senator Turns Anti-Union Goon: A Labor Defeat Reverberates Across the South
In light of the failed vote to unionize a VW plant in Tennessee, why should we care about the travails of labor unions in our country? Because, with no one in Washington able to effectively represent workers nationwide, unions are the only ones left to fight for a living wage.
Clarence Thomas as a White Playwright: “Race” Inflames City Rep’s Stage, With Sequins
David Mamet’s “Race” turns the table on an old American convention: the white rapist of a black woman. This time getting away is not an option in a thrill-ride of a play that turns the tables on stereotypes and prejudices. No one is immune. It is the Palm Coast City Repertory Theatre’s big event of the year, under the direction of John Sbordone.
Grim Reaping: Gov. Rick Scott Now Florida’s Record Holder For Most 1st Term Executions
Juan Carlos Chavez’s execution last week was the 13th on Florida Gov. Rick Scott’s watch — a record among first-term Florida governors since the death penalty was reinstated in 1976, and a record Scottt is smashing with yet more death warrants he is signing in his fourth year.
Florida Lawmakers Edging Toward Offering In-State Tuition for Some Undocumented Immigrants
A measure allowing some undocumented students to receive in-state tuition was easily approved Wednesday by a House subcommittee, but the bill still faces a steep climb in the Senate.
Stand Your Ground: Florida is Not My Castle. And It’s Not Yours, Either.
The right to stand one’s ground against aggression in one’s home is unquestioned, but, argues Julie Delegal, in public, spaces must be shared, peacefully. The castle doctrine cannot be extended to cover the entire state, as Florida’s Stand Your Ground law does.
How Obamacare’s Enemies Turned a Victory For Workers’ Freedom Into a “Job Killer”
The prediction that Obamacare will lead to the equivalent of 2.5 million fewer jobs has nothing to do with businesses cutting the workforce and everything to do with workers being finally free of job-lock, now that they don;t need to stay in a job to have health insurance. That’s a good, and very American, thing, not the job-killing catastrophe Obamacare’s enemies make it out to be.
ACLU May Challenge Elections Division Ruling Blocking UF Student Union as Voting Location
Democrats contend Gov. Rick Scott is “laying roadblocks to voting” because of a state Division of Elections opinion that the student union at the University of Florida can’t be used as an early voting location.
Russian Roulette: Gun Owners and Their Temperament
The decision to keep a gun handy makes you a bad risk—not only for insurance companies, but for those of us who feel we have a right to go to the movies, the mall, or sit in our own backyard without having to worry about a gun owner whose bursitis is acting up or who is simply having a bad day.
Florida Supreme Court Orders Review of Lethal Injection Cocktail Ahead of Feb. 26 Execution
Before the scheduled execution of inmate Paul Augustus Howell on Feb. 26, Justices have ordered a circuit court to hold an evidentiary hearing on whether substitution of the drug midazolam violates the constitutional protections against cruel and unusual punishment by the government.
NRA-Backed Bill Would End Zero-Tolerance Punishment of Students Play-Acting Guns at School
The NRA-backed measure by Florida House Judiciary Chairman Dennis Baxley, R-Ocala, would prevent children from being disciplined for simulating a gun while playing or wearing clothes that depict firearms.
Florida Lawmakers Would Stiffen Penalties On Insurers Discriminating Against Gun Owners
Insurance companies could face tougher penalties if they impose higher rates, refuse to issue or cancel auto or homeowner policies due to gun ownership, under a measure backed by a House committee Tuesday.
Arrested For Felony Child Abuse and Pot Possession: The Mother’s Account
Sophia Zhudro is the 30-year-old resident of Palm Coast’s B-Section who was arrested on Jan. 24 for marijuana possession as she was parked with her 15-month-old on the side of a residential street in her neighborhood. She tells her side of the story, taking issue with the way the incident was related by police.
With 132 Death Row Inmates Readied for Execution, Lawyers Contest Fast-Track Law Before Florida Justices
More than 150 lawyers and Death Row inmates are challenging the so-called Timely Justice Act, signed by Gov. Rick Scott in June, intended to speed up executions. Lawyers argue it violates the constitutionally protected separation of powers as well as inmates’ rights to due process.
Judge J. Michael Traynor’s Alarming Equivalence Between an Attempted Murderer and His Victim
When Judge J. Michael Traynor sentenced Nathaniel Juratovac to four years in prison for the attempted murder of Flagler County firefighter Jared Parkey last week, the judge managed to blame both men for the violent incident that led them to the courtroom, a stunning and immoral leveling of blame in a state that too easily excuses gun violence.
Flagler Beach Police Launch Initiatives to Protect Residents and Property, But Public Records Expose Vulnerability
Though the initiatives are very well-meaning, participating residents who want their house watched while they’re away or who live alone and need a daily check-in must fill out detailed applications that reveal a lot of personal information and details about their property. The documents are public records, and may potentially create vulnerabilities for the very residents police are aiming to protect.
In an Unusually Brutal Arrest, a Palm Coast Woman Is Charged With Child Abuse Over Minor Pot Possession
Sophia Zhudro, 30, was parked on a quiet, residential street in Palm Coast’s B-Section when she was detained, then arrested and charged with child abuse because deputies found a small amount of marijuana in her car (near in in the child seat). Zhudro’s traumatized child was forced out of her arms by four deputies and turned over to DCF.
Florida Is Excluded From Congressional Fix of Voting Rights Act Supreme Court Nullified
Following the U.S. Supreme Court decision striking down Section 4 of the Voting Rights Act, Congress is working to reinstate a similar provision that would require certain states to acquire federal “preclearance” for new voting laws. Unlike the provision enacted in 1965, though, Florida is no longer one of the state’s that would need oversight.
Death Penalty’s Latest Mutation:
Experimenting on Human Beings
The decision to seek the death penalty simply can’t be justified either by society’s or individuals’ desire for revenge, argues Steve Robinson. Were that the case, we could issue baseball bats to family members and let them beat the convict to death in the town square.
Rarely Punished, Guards May Be Responsible for Half of Sexual Assaults in Prisons and Jails
The federal report is based on data from all of the nation’s federal and state prisons as well as many county jails. It shows more than 8,000 reports of abuse each year between 2009 and 2011, up 11 percent from the previous report, and extremely rare prosecutions.
Medical Marijuana Initiative Gets Needed Signature to Make November Ballot, Pending Court Clearance
With 710,508 validated signatures statewide in Florida— 27, 359 more than the required 683,149 — and reaching signature requirements in the bare minimum of 14 congressional districts, People United for Medical Marijuana beat a Feb. 1 deadline for submitting petitions to the state.
Six Gay Couples and Equality Florida File Lawsuit in State Court Seeking Freedom to Marry
The lawsuit argues that Florida’s laws barring same-sex couples from marriage violate the United States Constitution by denying them the legal protections and equal dignity that having the freedom to marry provides.
He Won’t Give Up: Scott Taking Drug Testing of State Employees to U.S. Supreme Court
Lawyers for Scott filed a petition this week asking the Supreme Court to hear the case, after the 11th U.S. Circuit Court of Appeals last year ruled against across-the-board drug testing, but various groups blasted the Scott administration for continuing to pursue the drug tests. They pointed to repeated past rulings against such drug testing.
Askari Muhammad Is Executed After 38 Years on Death Row and Numerous Legal Bungles
Muhammad was sentenced to death in 1975 for the murder in July 1974 of Sydney and Lillian Gans near Miami, and, after that sentencing was thrown out, sentenced to death for the murder of prison guard James Burke in 1980. He is the 13th individual executed on Gov. Rick Scott’s watch since 2011.
As State Mulls Review, Christians and Atheists Agree: Keep Florida Capitol a Free Speech Zone
The threat of a lawsuit is hovering over the state’s rejection of a satanic display, and the rotunda exhibit policy is set to undergo a staff review. But the prevailing view among those who have recently jumped at the chance to use the public floor space to express their beliefs is to simply let everyone have their say.
The Shame of Guantanamo, 11 Years On
The irony should not be lost on us that our congressional district is represented by Ron DeSantis, the sort of fanatic who had no trouble advertising his brief service in Guantanamo’s kangaroo courts as a badge of honor while leaving silent his employment with a more legitimate Florida corporate law firm. With political charlatans like that in Congress, it’s no wonder Guantanamo endures.
Double-Murder Charge Dropped as Stand Your Ground May Head for Supreme Court Review
The 3rd District Court of Appeals ruling Thursday overturned a lower court’s second-degree murder conviction of Gabriel Mobley outside a Chili’s restaurant in Opa-Locka, and could once again put Florida’s first-in-the nation “stand your ground” law and its meaning before the Florida Supreme Court.
Scott Signs 14th Death Warrant: Juan Carlos Chavez, Murderer of 9-Year-Old Jimmy Ryce
Juan Carlos Chavez, will be executed on Feb. 12. Scott’s order comes less than a year after the death of Martha Ryce, who dedicated her life to advocate for missing children after the murder of her brother. Martha Ryce, considered the voice of her family, committed suicide on December 30th in Atlanta. She was 35.