The case pits two former lesbian partners, one of whom provided an egg that was fertilized and implanted in the other woman, who later gave birth. After the relationship ended, the woman who gave birth blocked her former partner from having parental rights.
Rights & Liberties
Jose Godinez-Samperio, Undocumented Immigrant and Lawyer, Falters at Florida Court
A skeptical Florida Supreme Court on Tuesday said it may be powerless to let Jose Godinez-Samperio, an undocumented immigrant, practice law in the state despite recent moves by the Obama administration to allow immigrants brought to the country as children pathway to permanent status in the United States.
The Palm Coast City Council’s Disturbing Synthetic Marijuana High
On synthetic pot, the Palm Coast City Council and other local governments are being had, as governments trample due process to enforce a legal shortcut against a ghost epidemic–the latest hysteria in the derelict war on drugs.
Flagler Sheriff Tallies DUI Catch as Supreme Court Agrees to Hear Blood-Test Case
Flagler County deputies arrested 11 drunk drivers and many others on charges unrelated to DUI. On Tuesday, the U.S. Supreme Court agreed to decide whether forcing a DUI suspect to submit to a blood test is constitutional.
Customer Wins “Stand Your Ground” Ruling After Confrontation With FPL Bill-Collectors
An appeals court Thursday agreed with the dismissal of criminal charges against a Miami-Dade County man who relied on the state’s “stand your ground” law after a confrontation with two Florida Power & Light workers on his property.
How Two Council Members, Out of View, Got WNZF to Back-Pedal on Synthetic Marijuana
What was behind what sounded like a retraction on synthetic marijuana by WNZF’s David Ayres on his Free For All Friday show last week? Private discussions between Palm Coast Council member Bill McGuire with Mayor Jon Netts, and a letter Netts wrote Ayres, that the council never discussed openly–even as the council has yet to vote finally on the matter.
Those 11 Constitutional Amendments on November’s Ballot: Women League Says Just Vote No
Florida voters will see 11 of the most confusing, complex and sometimes misleading state ballot amendments ever proposed, and voters will need to decide: Do I want this in our state constitution? Deirdre Macnab, state president of the League of Women Voters of Florida, says No.
Using Straw Man, Palm Coast Ridicules County’s Opposition to Red-Light Cameras
Rather than address questions raised by County Commission Chairman Barbara Revels, the Palm Coast Council invented a claim that the county wanted to enable law-breaking, unsafe drivers, and dismissed Revels’s request to reconsider installing spy cameras on State Road 100.
Warning of “Scary Things” in Coming Election, County Attorney Hadeed Urges Voter Education
In a surprisingly candid talk framed around the 225th anniversary of the Constitution, Flagler County Attorney Al Hadeed warned of the potentially corrupting influence of money in Florida’s judicial elections, and of the Legislature’s loading of the November ballot with 11 purposefully long and confusing constitutional amendments, a spiteful snub of the Supreme Court.
DCF Defends Drug Testing of Welfare Recipients
The head of the state welfare agency is asking a court to throw out a challenge to the state law requiring drug testing of public assistance recipients, which could allow the program to restart.
Avoiding F-16 Intercept, Teens-in-Flight Team Delivers Aurora Gift and Heads Home
Jack Howell’s Teens-in-Flight mission to deliver $10,000 to defray the medical expenses of the victims of the Aurora, Colo., movie theater shooting culminated on Saturday. The trio aboard the Cessna began the flight home early Sunday.
When Riots In Defense of Islam Are More Vile Than Any Parody of the Prophet
“Innocence of Muslims” is a vile movie about Islam, but its movie maker had every right to make it, and it is far less vile than the murderous riots Muslim fundamentalists have launched as a result–or Mitt Romney’s political opportunism over the crisis.
Go Ahead, Steal His Email:
Florida Court Rules It’s Not Cyberstalking
The First Circuit Court of Appeal found that a wife stealing her husband’s email and locking him out of his own account did not amount either to cyberstalking or to a form of domestic violence. The case involves Michael and Cheryl Young of Alachua County.
We’re All Vikings Fans Today: Chris Kluwe Kicks Emmett Burns’s Gay Marriage Bigotries
Maryland lawmaker Emmett Burns wrote a bullying letter to the Baltimore Ravens owner asking him to silence Brendon Ayanbadejo’s support for gay marriage. Chris Kluwe kicked back the most winning answer of the year.
Florida DCF’s Answer to Welfare Recipients’ Unforwarded Addresses: Cut Off Benefits
The Florida Department of Children and Families has approved a change that would end public-assistance benefits for people who don’t report new addresses, drawing concerns that some low-income residents could unnecessarily lose food and medical aid.
Raped, Pregnant and 11 Years Old: The Problem with the “Right-to-Life” Movement
In Pinellas County, an 11-year-old girl, pregnant after her rape by her mother’s 42-year-old boyfriend, is a stark rebuke to the right-to-like and personhood movement, argues Mary Jo Melone.
Federal Judge Rejects Higher Tuition for Florida Children of Undocumented Immigrants
A Miami federal judge has found that Florida is violating the constitutional rights of American-born children of illegal immigrants by requiring them to pay higher tuition rates than other students at state colleges and universities.
Palm Coast Will Require Garage Sales to Be Registered and Pay $5 Fee to Ensure Tracking
Palm Coast will impose a new permitting and fee requirement on garage sales to ensure that residents hold no more than two sales per lot per year, and to provide treasure hunters with a government-based database of garage sales by address and date.
Jack Howell’s Teens-in-Flight Raising $10,000 for Aurora Shooting Victims’ Medical Bills
Jack Howell was incensed to hear that some of the Aurora, Colo., shooting victims would have trouble paying their medical costs. He’ll be flying $10,000 to them in September through a fund-raiser he’s organizing.
Without Evidence But Plenty of Cash, Palm Coast Approves 52 Spy Cameras, Up from 10
The Palm Coast City Council’s agreement to increase the city’s traffic spy cameras to up to 52 is backed by no crash data and no scientific evidence that the 10 existing cameras improve safety, but Palm Coast stands to make up to $437,000 a year from the new scheme.
At the University of Florida, a War Over the Alligator’s Newspaper Racks
The University of Florida wants the independent Florida Alligator newspaper—which it does not own–to remove its orange racks from campus, and replace them with non-descript plastic bins. Bill Cotterell argues it’s not a First Amendment issue.
Two-Week DUI Crackdown Begins on Flagler and Florida Roads as FHP and Sheriff Mobilize
The Florida Highway Patrol and the Flagler County Sheriff’s “Drive Sober or Get Pulled Over” campaign begins Aug. 17 and stretching through the Labor Day weekend, which ends Sept. 3. It’s part of a national anti-DUI campaign, but no local checkpoints are scheduled.
Ayn Rand vs. Paul Ryan
Modern conservatives, Paul Ryan included, ignore the fundamental principles that animated Ayn Rand: personal as well as economic freedom, argues Jennifer Burns, while Maureen Dowd calls Randism “a state of arrested adolescence.”
Chronic, Scandalous Abuse and Worse at a Florida Brain-Injury Center Demands Attention
It is impossible to look at the pages-long list of abuse allegations at the Florida Institute for Neurologic Rehabilitation and not wonder how it is allowed to remain open: Sexual abuse. Mental abuse. Burns. Broken bones. Bruises. Cuts and punctures. Bizarre punishment. And much worse.
Zimmerman Will Attempt Stand Your Ground Defense; Prosecution Flubs Release of Records
Lawyers for George Zimmerman confirmed Thursday that he will assert a “stand your ground” defense. If successful in a pre-trial hearing, the murder charge against Zimmerman, in the killing of Trayvon Martin, could be dropped.
Undocumented Immigrant Is Not Disqualified from Practicing Law, Florida Bar Says
The Florida Board of Bar Examiners has found no “good moral character and fitness issues” that would disqualify Jose Manuel Godinez Samperio, an undocumented immigrant, from being admitted to practice law in Florida, but is still waiting for an opinion from the Florida Supreme Court before making a decision.
Complaint Cites Broad, Harsh Discrimination Against Black Students in Flagler Schools
Flagler County schools are among five Florida districts cited by the Southern Poverty Law Center in complaints filed with the federal Office of Civil Rights, calling for federal investigations into discriminatory punishments that disproportionately target black students.
Uniform Policy Rules and Penalties Dress Up School District’s New Code of Conduct Edition
The Flagler County School Board Monday approved rules and penalties that apply to the district’s new uniform policy. But the Code of Conduct makes many allowances for students who cannot wear uniforms.
Smart-Phone Canvassing: Is Your Neighbor A Democrat? Obama Has an App for That.
![For each targeted address, the app displays the first name, age and gender of the voter or voters who live there: "Lori C., 58 F, Democrat." All this is public information, which campaigns have long given to volunteers. But you no longer have to schedule a visit to a field office and wait for a staffer to hand you a clipboard and a printed-out list of addresses. With the Obama app, getting a glimpse of your neighbor's political affiliation can take seconds. While The New York Times dubbed the app "the science-fiction dream of political operatives," some of the voters who appear in the app are less enthusiastic about it. "I do think it's something useful for them, but it's also creepy," said Lori Carena, 58, a long-time Brooklyn resident, when she was shown the app. "My neighbors across the street can know that I'm a Democrat. I'm not sure I like that." It's unclear if the app displays all registered Democrats who live in a certain area, or only a subset of voters President Obama's campaign is trying to reach. Asked about the privacy aspects of the new app, a spokesperson for the Obama campaign wrote that "anyone familiar with the political process in America knows this information about registered voters is available and easily accessible to the public." The information included in the app has "traditionally been available to anyone who walks into a campaign field office," said the spokesperson, who declined to be named. While the app makes voter information instantly available, it displays only a small cluster of addresses at a time. It has built-in mechanisms to detect when people are misusing the data, "such as people submitting way too many voter contacts in a short period of time," the spokesman said. "The campaign is strongly committed to ensuring the safety and privacy of the public and follows up with appropriate action, including alerting appropriate authorities if necessary, in any case of abuse or inappropriate behavior," said the spokesperson. "Any voter who requests not to be contacted again is immediately removed from any provided to volunteers." This isn't the first time campaigns have released digital tools that make voter information freely available. Both the Obama and Romney campaigns currently have online calling tools that give anyone who registers for their websites the names and phone numbers of voters to contact. In 2008, the Obama campaign's "Neighbor to Neighbor" program allowed volunteers to use their home computers to print out lists of names and addresses to contact. Two years later, the Democratic group Organizing for America, formed to keep mobilizing the president's supporters after Obama was elected, released a mobile app that was in some ways a prototype of Obama's new app. Volunteers in the 2010 midterm elections could use their mobile phones to map voters in their immediate vicinity and then send in responses from the voters they had contacted, which eliminated the need for clipboards and printed lists. Natalie Foster, who was the new media director of Organizing for America, said the tools used in 2010 had built-in privacy limits, "where you are only given a certain number of voters that you could conceivably canvass. If somebody goes above that limit, or is just obviously clicking a button over or over, we'll just shut it down." Privacy "was definitely a consideration and something that was focused on, to make sure people aren't just going in and downloading a lot of data," said Joshua Hendler, the former director of technology for Organizing for America. Foster, who is now the CEO of the economic advocacy group Rebuild the Dream, and Hendler, who now works for PR firm Hill and Knowlton Strategies, said that making voter information more open makes the political process more democratic, because it lowers the barrier for people to get involved in political campaigns. Shaun Dakin, a voter privacy advocate and longtime critic of political robocalling, flagged the Obama app last week as a "total privacy fail." Dakin, who criticized the Obama campaign's 2008 Neighbor to Neighbor program on similar grounds, said voters should have the right to opt out of being contacted by political campaigns. He also questioned why the Obama app included the ages of nearby voters, another piece of information that people might not want to have made public. Lori Carena, the Brooklyn voter, said she doesn't object to having canvassers knock on her door. In fact, she said she wishes it happened more often in New York, a state that's such a Democratic stronghold she feels the campaign isn't interested in hearing her concerns. Asked what she feels is the difference between the traditional way of canvassing — with voter names and addresses on a printed-out list — and the new mobile app, she said, "Well, I just don't get all this new stuff with computers and apps. That's probably more creepy to me." Even low-tech tools used to distribute voter data can upset some voters. The Milwaukee Journal Sentinel reported this June that a liberal group in Wisconsin was sending fliers to voters which included a list of their neighbors and whether they had voted in 2008 and 2010. The fliers encouraged recipients to help get out the vote for the recall election of Gov. Scott Walker. Some voters were angry that their names and addresses were being distributed publicly. "I think this is invasion of my privacy and every other woman's privacy. It's like — 'Here, this is where all the women are,'" one woman told the Journal Sentinel. Jonathan Zittrain, a Harvard law professor and the co-founder of the Berkman Center for Internet & Society, said the Obama app represented a significant shift. While voter data has been "technically public," it is usually accessed only by political campaigns and companies that sell consumer data. He said it was "heartening" that the app makes data available to citizens who want to talk to their neighbors about their political choices. "The purpose of this app may be Democrats visiting Democrats. I can see apps where you ask Republicans to visit Democrats and Democrats to visit Republicans." "If we're comfortable enough to have [this information] go into the maw of big data processors, both political and otherwise, it seems consistent for neighbors to talk to neighbors over it," he said. "Much of our feelings around privacy are driven by what you might call status-quo-ism," he said, so many people may feel that the app is creepy simply because it represents something new. Interested to learn more about how political groups are using your personal information? See our reporting on tailored campaign emails and the new wave of targeted online ads.](https://flaglerlive.com/wp-content/uploads/obama-app.jpg)
The Obama for America app, “the science-fiction dream of political operatives,” is turning canvassing on its head as public information long available no longer has to scheduled through a visit to a field office and waits for staffers to hand volunteers clipboards and a printed-out lists of addresses.
When Good Lawyers Defend Bad Men
Melissa Moore Stens, a candidate for Flagler County judge, has been unfairly criticized for defending Paul Miller, the Flagler Beach man who shot and killed his neighbor over barking dogs. But Paul Miller should be on trial, not his lawyers–or the Sixth Amendment.
Seven Candidates Vying for that Flagler County Judge Seat: The Live Interviews
FlaglerLive interviewed the seven candidates for Flagler County judge: Don Appignani, Craig Atack, Josh Davis, Marc Dwyer, Sharon Feliciano, Melissa Moore-Stens and W. Scott Westbrook. The full interviews are presented.
Why I’d Eat at Chick-fil-A
I’d eat again at Chick-fil-A, just to send a message to the sanctimonious, self-congratulatory organizers of a boycott campaign that is targeting the business, writes columnist Bill Cotterell.
Early Voting Starts in 5 Counties, But Flagler And 61 Others Must Wait Until Saturday
Legislators changed the election law in 2011 and reduced the number of early voting days from 15 to 10. At least two legal challenges have been filed to the early voting dates, though neither is likely to be decided before the primary election, Aug. 14.
Countering 2 Precedents, Florida Court Rules Pregnancy Discrimination Is Not Illegal
Appeals courts in 1991 and 2008 had clearly stated that either the state law’s intent forbids discrimination or federal law, which explicitly forbids it, preempts state law. Yet the appeals court in Miami ruled against a woman fired from her real estate job after she got pregnant.
Palm Coast Takes a Deeper Drag
At Synthetic Marijuana Regulation
Palm Coast Mayor Jon Netts and council member Frank Meeker want Palm Coast and other local governments to jointly tackle the legality of synthetic marijuana even as states are gradually adopting bans on fake-pot sales across the country.
Voter ID Laws: Your Election-Year Guide to Disenfranchisement and Fraud
Voter IDs laws in Florida and 29 other states are a political flashpoint in another close election year, pitting claims of fraud against claims of disenfranchisement. A step back to look at the facts behind the laws and issues at the heart of the debate.
Florida House Candidate Bardley Maxwell Wants Government Employees’ Salaries Kept Secret
Florida House candidate Bradley Maxwell wants to state workers’ salaries and benefits kept secret. He also wants personnel files kept sealed from public view. Maxwell is challenging two-term incumbent state Rep. Michelle Rehwinkel Vasilinda, D-Tallahassee.
As Florida and Other States Privatize Prison Health Services, Care Standards Suffer
Florida and other states, in an attempt to cut costs, are increasingly outsourcing health care for inmates to for-profit companies, but the trend is raising concerns among unions and prisoners’ rights groups.
3 Flagler Beach Commissioners Attend Closed-Door County Staff Meeting, Clouding Sunshine
Commissioners Jane Mealy, Kim Carney and Mayor Linda Provencher attended the July 12 county staff meeting on beach renourishment with the U.S. Corps of Engineers, which was closed to the public. Dennis McDonald, a candidate for the county commission, raised issues with the potential sunshine violation.
Florida’s High Court Affirms Guilty Until Proven Innocent Standard in Drug Possessions
In not requiring “knowledge” of the illegality of whatever they were carrying, the law puts Florida at odds with at least 48 other states that require prosecutors to convince a jury that defendants knew they were carrying illegal drugs.
Cops Spying on Your Cell Phone: Warrantless, Routine, and With Providers’ Complicity
Privacy activists hold that cops’ tracking of cell phones require a search warrant to be constitutional. But the Supreme Court hasn’t ruled on the issue, and Congress has yet to pass a law addressing it.
Editor’s Note: When Comments Are Swift Boats’ Docking Hooks
I’ve been asked why certain comments in the John Pollinger-Anne-Marie Shaffer case were approved, considering their lavish innuendoes and borderline slanders. The decision bears explaining in light of this year’s distinctly foul election season.
Palm Coast’s Pre-2010 Red-Light Camera Fines in Question Following Latest Court Decision
The 5th District Court of Appeal in Daytona Beach on Friday found Orlando’s red-light traffic cameras illegal before they were standardized by a state law in 2010. Palm Coast’s set up was similar to Orlando’s. But the decision does not affect the current camera set up or the fine structure.
FHP’s Crackdown and the Prohibitionist Politics of Drunk Driving: A Dissent
Taking aim at today’s deployment of 40 FHP troopers on I-95, Darrell Smith calls the targeting of people who drink–as opposed to drunk drivers–a brown-shirted example of a police state mentality too readily embraced by the public.
Florida Law Barring Doctors From Asking Patients About Guns at Home Ruled Invalid
The law restricts doctors’ ability to provide truthful, non-misleading information to a patient, U.S. District Judge Marcia Cooke ruled. The “docs-vs-glocks” law was backed by the NRA and signed by Gov. Rick Scott in 2011.
Student-Led School Prayers Are Now Legal, But Fear of Litigation Could Trump God
The new Florida school prayer law lets local school districts approve policies allowing students to deliver prayers at school events, but districts aren’t likely to approve such measures for fear of costly litigation.
U.S. Supreme Court Upholds Health Care Reform, a Major Victory for Obama and the Uninsured
Chief Justice John Roberts joined the left of the U.S. Supreme Court in upholding the 2010 health care reform law, including the individual mandate. The Roberts ruling narrowed the allowance under tax rules, as opposed to the commerce clause. But the entire law was upheld.
Red-Light Camera Ticket Revenue:
Palm Coast, 14%, Private Company, 86%
American Traffic Solutions, which runs Palm Coast’s red-light traffic cameras, will make up to $4,250 per camera per month, while Palm Coast makes just $700. Still, the Palm Coast City Council is ready to sign a seven-year deal.
Florida Professors Still Can’t Travel to Cuba On State’s Dime; Low IQ Execution Cleared
Three Florida cases are the many the U.S. Supreme Court refused to hear, which means a ban on Florida university faculty’s travel to Cuba stands, as does Florida’s authority to execute a Daytona Beach murderer with an IQ of 70.
Stepping Up Obama Snubs, Scott Says He Won’t Implement Health Care Law in Florida
As the Supreme Court prepares to hand down its decision on Obama’s health care reform law, Gov. Rick Scott said on a conference call hosted by right-wing think tanks that Florida wouldn’t rush to implement the law.