More than 653,000 Americans are experiencing homelessness in 2023, a 12% increase from last year. Among the people experiencing homelessness, 64% are unsheltered. As tent encampments continue to dot urban landscapes — strewn around parks, along sidewalks, lining highways or sometimes abutting schools — many cities have increased their sweeps, some governors have announced funding to clear encampments, and several states have outlawed the tent communities altogether.
Rights & Liberties
Judge Mulls Trial Competency of Migrant Facing Manslaughter Charge in Sudden Death of Deputy After Arrest
Declaring it a “complex situation,” Circuit Court Judge R. Lee Smith at the end of a three-hour hearing today said he needed time to think before issuing a decision on whether Vergilio Aguilar Mendez, the 18-year-old migrant controversially charged with manslaughter in the death of a St. Johns County deputy Michael Kunovich last May, is competent to stand trial. Kunovich died several minutes after Mendez was arrested for resisting arrest after a stop-and-frisk encounter in St. Augustine.
Taking On Artificial Intelligence, Florida Legislature Will Contend Unpredictable Scenarios in Coming Session
As access to artificial intelligence, or AI, continues to spread, state lawmakers are poised to consider ways to set up guardrails around a technology that one senator said has “outpaced government regulation.” Measures filed by Senate and House Republicans target issues such as potential defamation of people using AI in media, use of the technology in political advertising and the creation of a state council that would look at potential legislative reforms.
A Constitutional Scholar Explains Colorado Court’s Trump Ballot Ban
Taken as a whole, the structure of Section 3 of the 14th Amendment leads to the conclusion that Donald Trump is one of those past or present government officials who by violating his oath of allegiance to the constitutional rules has forfeited his right to present and future office.
Ban on Felons Owning Guns Survives as Florida Supreme Court Rejects Challenge
Florida Supreme Court Justices on Monday issued an order rejecting an appeal by William Edenfield, who was charged with possession of a firearm by a convicted felon after a 2020 shooting incident in Leon County. Edenfield went to the Supreme Court in August after the 1st District Court of Appeal rejected his Second Amendment arguments.
Anti-LGBTQ Activist Wants Flagler Library System to Stop Paying $173 Membership to American Library Association
The Flagler County library system is hoping to fend off an attempt by a South Florida activist opposed to LGBTQ equality to sever library staff memberships in the American Library Association and its affiliates, though currently that entire cost amounts to $173. It is the latest flare-up of an ongoing push by the far right in schools and libraries to restrict or ban LGBTQ-related materials, themes or associations, particularly in connection with children’s access or programs, though in this case the connection–if there is one–is tenuous.
Federal Judge Will Hear Arguments in Escambia Schools’ Book-Banning Case in January
The case is playing out amid wide-ranging debates in Florida and other states about school officials removing or restricting access to books. The plaintiffs in the Escambia County case contend that the school board’s decisions violated First Amendment and constitutional equal-protection rights. Attorneys for the school board argue the judge should dismiss the case because the board has authority to decide which books to purchase and keep on school shelves.
Florida Court Rules Child Is Mature Enough to Be a Mother, But Not to Have an Abortion
A state appeals court Friday upheld a Calhoun County circuit judge’s ruling that blocked a minor from having an abortion without notification and consent of a parent or guardian. The decision’s implicit reasoning is that the child is nevertheless mature enough to carry the baby to term.
The Immoral Gamble of ‘Shopping’ for Health Insurance
Between high premiums, deductibles, co-pays, co-insurance, other out-of-pocket costs, and the enduring myth that Americans still get to choose their own doctor, health insurance has become a maze of forced costs and limited options based on impossible choices you shouldn’t have to make. Obamacare has failed. Private insurance is often an overpriced, over-subsidized racket. Medicare alone remains the only viable solution with universal application.
Proposal to Rollback Florida’s Child Labor Laws, Masked as Opportunities for Teens, Clears Its 1st Hurdle
A proposal that would eliminate restrictions on the number of hours that 16- and 17-year-olds could work received its first hearing in the Florida Legislature on Wednesday, where it passed on a party-line vote in the GOP-controlled committee. The measure limits restrictions that now prohibit 16- and 17-year-olds from working more than six consecutive days in any one week or working 4 hours continuously without a break.
The Minefield of College Free Speech Codes
Private colleges and universities have speech codes that allow them to punish certain speech. But in their testimony before Congress about antisemitism on their campuses, college presidents tripped, triggered a furor over their prevarications. and one of them resigned after failing to respond clearly to a simple question.
How DeSantis and GOP Are Undermining Abortion-Right Ballot Initiatives Before the Vote
As abortion-rights initiative pick up victories in referendums, Republicans across the nation, exemplified by Florida’s Ron DeSantis, want to change the terms of the debate by injecting it with misinformation or overriding the referendum process.
Abortion Rights Supporters Reach 77% of Needed Signatures for Constitutional Amendment Ballot Measure
Supporters of a proposed constitutional amendment that would ensure abortion rights in Florida continue moving closer to submitting enough petition signatures to get on the 2024 ballot. The Florida Division of Elections website Friday showed 687,700 valid petition signatures for the measure, which is sponsored by the political committee Floridians Protecting Freedom.
Flagler Beach Property Owner Liam Mackin, 70, Identified as Anti-Semitic Hate Crime Suspect Just as He Flees
Flagler Beach police identified the man allegedly responsible for a series of hate crimes against local business on Nov. 19 and 20 as Liam Mackin, a 70-year-old resident and property owner with his wife at the Bridgewater condominiums in Flagler Beach, unit E101, since 2015. He has been a local resident for 30 years. But he has fled to Ireland. Mackin deliberately and very specifically targeted businesses that were either owned by Israelis or Americans of Jewish heritage, or had business or family affiliations with Jewish concerns.
A Poisoned Tree Grows in St. Augustine
An 18-year-old migrant faces an aggravated manslaughter charge for the death by heart attack of the sheriff’s deputy who arrested him on a resisting charge, while the migrant was on a sidewalk eating dinner and speaking to his mother by phone at his motel in St. Augustine. The death of the deputy was a tragedy. The charge against the migrant compounds it with a miscarriage of justice in the making.
The Deeply Rooted Biases Biases Behind Transgender Athlete Bans
In 2023, 24 states had laws or regulations in place prohibiting transgender students from participating on public school athletic teams consistent with their gender identity. These bans mean that a person whose sex assigned at birth was male but who identifies as a girl or woman cannot play on a girls or women’s athletic team at a public school in that state. State-level politics and public biases against transgender people are largely to blame.
In Florida, Voter-Suppression Is Essential to GOP’s Edge
Republicans in 2023 are on a campaign to emulate what occurred during Reconstruction by disenfranchising African Americans, engaging in severe gerrymandering so that the odds are turn in their favor in 2024. Their harsh and uncompromising position on abortion is costing them support and has led to losses in primaries. But the GOP’s political strategy is explained by former President Donald Trump, who has said the quiet part out loud: Republicans will never again win elections if democratic reforms make voting easier.
Hearing Set in Ban of Palestinian Group at USF
A federal judge has scheduled a hearing Jan. 26 in a lawsuit filed by the group Students for Justice in Palestine at the University of Florida after state university system Chancellor Ray Rodrigues issued an order targeting such organizations.
Florida Appeals Court Upholds Disenfranchising Black Voters in North Florida, a Victory for DeSantis
A state appeals court has rejected a legal attempt to save a Black-opportunity congressional district in North Florida, relying on legal reasoning never raised by the parties to the case: That the district originally was devised to benefit Democrats, not Blacks specifically.
The Kissinger Delusion
This man’s death, way overdue–Kissinger lives to be 100 but Hank Williams, born the same year, dies at 30?–is a tragedy only in one sense: despite the copious and undisputed record about one of the most brutal men of the 20th century, Kissinger is still garnering bootlicking tributes. The tragedy is that America does not learn. It rinses the blood and repeats.
Citing ‘Broken and Arbitrary System,’ Plaintiffs Argue Against Ending Felon Voting Rights Case
Plaintiffs allege that the way state and local officials have carried out Amendment 4, designed to restore voting rights for felons who have completed their sentences, violated the U.S. Constitution and the federal Voting Rights Act. Attorneys for the Florida Rights Restoration Coalition and four individual plaintiffs filed a 61-page court document opposing a request by Gov. Ron DeSantis’ administration, county clerks of court and elections supervisors to dismiss the lawsuit.
Statewide Grand Jury Attacks Organizations That Help Migrants and Calls for Further Crackdowns
A statewide grand jury has issued a 146-page report that calls for taking a series of steps to try to curb illegal immigration. The report includes calling for further attempts to crack down on businesses that hire undocumented immigrants, probing non-government organizations and collecting fees on transfers of money from Florida to other countries.
Proposed Florida Law Would Ban Local Governments and Contractors from Recognizing Preferred Pronouns
A legislative proposal to bar state and local governments and contractors or nonprofits drawing state money from recognizing employees’ preferred gender pronouns if they differ from their biological sex has drawn criticism from LGBTQ+ Democrats as “a disturbing escalation of right-wing extremism in Florida.”
Trump’s Draconian Immigration Policies Are Setting the Tone for GOP’s Presidential Contenders
What were once considered far-right policies are now common talking points among the GOP candidates. That includes support for building a wall along the Southern U.S.-Mexico border and ending birthright citizenship for American-born children of undocumented immigrants — a protection that is enshrined in the 14th Amendment of the U.S. Constitution.
Coded Racism in Jason Aldean’s Song Exposes Problem with Small-Town Values
The Maury County Courthouse in Columbia, Tennessee, has come to represent the overlooked cultural divisions between urban and small-town America.
The courthouse was the site of the lynching of a Black teenager in 1927. It also served as a rallying spot for white vigilantes who assembled there during race riots in 1946. It is now the focus of a modern-day controversy over singer Jason Aldean’s “Try That in a Small Town.”
Flagler’s Top Prosecutor’s Advice to New Cops: Be Truthful, No Tattoos, and Don’t Be ‘a D*ckhead’
Five new recruits for the Flagler County Sheriff’s Office and Flagler Beach police got a blunt, unfiltered briefing on how to testify in court from Assistant State Attorney Jason Lewis. It was a rare look, witnessed by FlaglerLive, at the dynamic between prosecutors and cops on the usually confidential fringes of court cases, and at how prosecutors prepare, guide and at times admonish police before they take the witness stand, since a cop’s testimony can make or break a case.
Justice in Palestine Student Group at USF Sues DeSantis Over His Order to Ban It
The University of South Florida chapter of the group National Students for Justice in Palestine has filed a lawsuit against Gov. Ron DeSantis and state higher-education officials over an order that called for disbanding the organization on campuses.
At Least 3 Locations in Flagler Beach Are Target of Anti-Semitic Graffiti; Police Looking for Offender
At least three business locations in downtown Flagler Beach were the target of anti-Semitic graffiti in Flagler Beach between Sunday and Monday. Flagler Beach police have surveillance footage of the individual, and are looking for the public’s help to identify him.
Eight Florida Cities Get Perfect Scores in LGBTQ+ Equality Report
Despite enduring a year that advocates have derided as the “most anti-LGBTQ legislative session in history,” a nationwide report gives eight Florida cities perfect 100% scores when it comes to assessing LGBTQ+ equality in the areas of municipal policies, laws, and services. Getting maximum scores of 100 in Florida are: Tampa, Wilton Manors, Fort Lauderdale, Hollywood, Miami, Oakland Park, Orlando, and St. Petersburg.
U.S. Supreme Court Rejects DeSantis Attempt to Enforce Drag Show Law Halted in Lower Courts
A divided U.S. Supreme Court on Thursday rejected a request from Gov. Ron DeSantis’ administration that would have allowed enforcement of a new state law aimed at preventing children from attending drag shows. U.S. District Judge Gregory Presnell this summer issued a statewide preliminary injunction against the law, finding that it violated First Amendment rights.
Realtors Want Their Signs in Rights of Way. Palm Coast Warns that Hate and Other Signs Would Follow.
Palm Coast Council member Ed Danko is leading the charge on behalf of Realtors and other businesses to open up city rights of way to their advertising signs on weekends. Fellow Council member Theresa Pontieri is warning that doing so would open up rights of ways to every sign imaginable, including hate signs, while overwhelming the city’s Code Enforcement Department. The council is split on an issue it will have to decide soon.
UF Ordered to Pay $372,000 in Legal Fees in Case that Violated Professors’ 1st Amendment Rights
A federal judge has awarded more than $372,000 in legal fees to attorneys who represented professors in a high-profile lawsuit against the University of Florida over being able to serve as expert witnesses in court cases.
Condemn Palestinians’ Genocidal Rhetoric–and Israel’s Genocidal War
There’s unquestionably some river-to-the-sea anti-Semitism out there. It should be and is being denounced. But conflating all criticism of Israel with anti-Semitism is itself a form of bigotry that places Palestinian lives beneath contempt and Israeli policy above reproach, even as swaths of Gaza in November 2023 look like Dresden in February 1945 and anti-Palestinian rhetoric in media and government continues to be indistinguishable from the vilest racism.
Flagler Sheriff’s Office Awarded $355,000 Federal Grant to Develop Hate-Crime Prevention Initiatives
In its application for the grant, the Sheriff’s Office said it would “develop a comprehensive approach to addressing hate crimes committed in Flagler County through enhancing agency investigation and reporting capabilities, as well as by forming partnerships with community stakeholders… in identifying potential hate crimes and targeted violence prevention.”
When Even Ed Danko Is Right
Ed Danko is right to resist Mayor David Alfin’s proposal to have all council members sign “Code of Conduct,” including a pledge of civility. It is not an elected board’s place collectively to regulate or codify its members’ behavior, or government’s place to force pledges of any kind on anyone.
Should Domestic Abusers Have Access to Guns?
The U.S. Supreme Court on Tuesday hears arguments in a case that will decide whether courts should, as is the case in Florida, have the authority to take away the guns of people who are under a domestic violence protective order, which aims to shield victims from their abusers.
How a Reckless FHP Chase Almost Caused a Catastrophic Crash in Seminole Woods
On Oct. 26, Palm Coast resident Kendall Clark and her husband were driving in a residential Seminole Woods neighborhood to visit family when they were almost in a severe crash with a Florida Highway Patrol trooper chasing an alleged suspect who had committed no violent crime nor was wanted on a warrant.
ACLU Calls Out Florida’s Suppression of Palestinian Students’ Voices
Top leaders at the American Civil Liberties Union criticized Florida in a letter Wednesday for demanding the deactivation of chapters of a pro-Palestine student organization. More than 600 college and university leaders received the letter, urging them to reject political calls to investigate and punish student groups for exercising free speech.
Staunch Opposition Kills Paul Renner’s Calculated Proposal to Consolidate Judicial Circuits
Amid overwhelming opposition to consolidation, a committee appointed by the Florida Supreme Court on Friday unanimously recommended against shrinking the number of judicial circuits in the state as Rep. Paul Renner had proposed. Critics labeled consolidation a gerrymandering effort aimed at weakening Democrats’ power in the court system.
Americans Need to Hear More Palestinian Voices
The absence of Palestinians and their advocates from news coverage isn’t just unfair. Sarah Gertler, a Jewish American, argues it is harmful, silencing criticism of Israel and making news media complicit in war atrocities.
Miami-Dade Poised to Approve Nation’s 1st Protections from Excessive Heat for Outdoor Workers
South Florida’s Miami-Dade County could be the only local government in the nation to provide heat-related protections for outdoor workers in the construction and agriculture industries, though advocates claim the proposal has been watered down due to lobbying by business interests.
‘In God We Trust’ Tests Limits of Religion in Public Schools
Louisiana passed a law in August 2023 requiring public schools to post “In God We Trust” in every classroom – from elementary school to college. Even under recent Supreme Court precedents, the Louisiana law may violate the establishment clause of the First Amendment, which prohibits the government from promoting religion.
DeSantis’s Censorship University System Is Causing a Brain Drain
DeSantis is obsessed with remaking education according to his authoritarian tendencies, doing his damnedest to wreck K-12 with his army of book-banning harpies in “Moms for Liberty” and his Scared Karens legislation, and forbidding honest discussion of slavery and racism so as to never make white kids feel “discomfort, guilt, anguish, or any other form of psychological distress.”
DeSantis Appealing to U.S. Supreme Court a Ruling Blocking Ban on Drag Shows
Gov. Ron DeSantis’ administration has gone to the U.S. Supreme Court in a fight about a ruling that blocked statewide a new law aimed at preventing children from attending drag shows. The state’s attorneys want the Supreme Court to approve a partial stay of a preliminary injunction that U.S. District Judge Gregory Presnell issued to block the law.
Palm Coast’s Jessy Gilbreath, 28, Arrested for Raping Autistic Child, 12, in His Charge
Jessy Kalany Gilbreath, a 28-year-old resident of 45 Eton Lane, Side B, in Palm Coast, faces a capital felony charge of child rape. Though it’s the first such charge for a Flagler County suspect since the Legislature in its last term revived a law making an individual convicted of raping a child younger than 12 eligible for the death penalty, that does not apply in this case because the capital offense did not take place after Oct. 1, as did other alleged offenses.
Palm Coast Council Will Expand Public Comment Segments at Workshops, Even at Risk of Epic Meetings
The Palm Coast City Council will expand its public comment segments at workshops even if it risks lengthening often-epic sessions. Council members cited the importance of public comments–and the extent to which such comments can educate members and sway decision-making. Nick Klufas, the senior member of the council(he’s in his seventh year), cautioned that the council “could potentially get gunked up via this process.”
Voices from Gaza: ‘These Could Be Our Final Days.’
Olfat al-Kurd is a 45-year-old a mother of four, and Muhammad Sabah, 42, both residents of Gaza, provide testimonies about their attempts to escape bombings and find secure refuge inside the 140 square mile enclave–exactly the geographic size of Bunnell. Gaza’s population is 2 million.
In Gaza, Fighting Atrocities with Atrocities Compounds the Indefensible at Civilians’ Expense
Israel hasn’t won a war since 1967, and even that proved to be the untenable occupation and low-grade war it has faced for decades. It’s not about to win against Hamas. Hamas knows this. Israel knows it. Civilians are paying. Civilians alone will lose, as revenge substitutes for strategy and both sides perpetrate war crimes.
Palm Coast Moving To Loosen Sign Ordinance, Allowing More Free Expression–and Realtors’ Sales Pitches
A proposed rewriting of Palm Coast’s sign ordinance would not change the look of the city markedly, preserving most of the restrictions in place now. But a draft ordinance–still very much a work in progress–errs on the more permissive than restrictive side, now that local governments are largely (but not entirely) barred from regulating what signs say. That means homeowners will get to express themselves more freely, including with hate speech. Realtors will get to plant more signs.
Flagler County Tried to Evict a Tenant at the Airport. Jury Called It Retaliation and a Violation of 1st Amendment.
Flagler County Airport Director Roy Sieger sent Les Abend an eviction notice regarding the hangar Abend had leased for over four years. A two-day trial resulted in a verdict against the county, with a jury finding that the county was retaliating against Abend, a former member of the county’s airport advisory board, for his criticism of Sieger. An eviction case turned into a rare First Amendment case in County Court. Abend will get to keep the hangar.