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Florida Gov. Rick Scott: Marriage Equality Is "The Law of the Land"

 

The producers at Fox News must have thought something had gone wrong with the audio during an interview Tuesday night, 19 July 2016, at the Republican National Convention in Cleveland, while questioning conservative Republican Gov. Rick Scott of Florida. He was asked about same-sex marriage. And as Politico reported, what he said was: "It's been decided."

 

"The Supreme Court has already made a decision," Scott told Greta Van Susteren. "It's the law of the land."

 

Referring to the massacre of 49 people at Pulse nightclub in Orlando last month, the governor also said what so many other Republicans have been afraid or unwilling to say: that the victims were LGBTQ. The gunman attacked "our gay community, attacked our Hispanic community," Scott said.

 

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Orlando Hospitals Won't Charge Pulse Survivors for Medical Care

 

Two Orlando hospitals have announced they will not bill survivors of the Pulse nightclub mass shooting for providing medical assistance during the tragedy. The move will write off a total of about $5.5 million in hospital bills.

 

"The Pulse shooting was a horrendous tragedy for the victims, their families, and our entire community," Orlando Health President and CEO David Strong told the "Orlando Sentinel." "During this very trying time, many organizations, individuals, and charities have reached out to Orlando Health to show their support. This is simply our way of paying that kindness forward."

 

Orlando Health's main hospital, Orlando Regional Medical Center, treated 44 of the dozens of victims of the worst mass shooting in American history. Nine patients died at the hospital after arrival. The facility is located just blocks away from the nightclub.

 

The company says they will bill the insurance for anyone with coverage, but any out-of-pocket expenses will be absorbed by the medical providers. The families of those who died will also not be charged.

 

Florida Hospital, however, will not even charge insurance providers for the care already received and will cover any follow-up surgeries and doctor visits for survivors. "It was incredible to see how our community came together in the wake of the senseless Pulse shooting," said Daryl Tol, Florida Hospital's president and CEO. "We hope this gesture can add to the heart and goodwill that defines Orlando."

 

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Florida Done Fighting Teen's Efforts to Change F to M on Birth Record

 

Per the "Miami Herald:"

 

Today, 4 October 2016, Florida health administrators say they will finally comply with a judge's order to amend the birth certificate of a transgender teen from Broward County, after having duly lost a succession of court rulings. Last week, Leon Circuit Judge Karen Gievers ordered the state Department of Health to change the gender marker on a 15-year-old's birth certificate from "female" to "male." A judge in Broward County had originally issued the same order in 2015, but health administrators then asked Gievers to affirm that the agency has the authority to make such a change.

 

Gievers' order, and the health department's decision to comply with it, settles a year-long dispute between the teen's family and the DOH, which had refused to issue the amended certificate despite a Broward court order. The "Miami Herald" has not named the family, as both Gievers and the Broward judge, Renee Goldenberg, ordered that the teen's identity remain confidential.

 

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Florida: 11th Circuit Court Rules Middle Schools May Form Gay-Straight Alliance Clubs

 

The "Orlando Sentinel" reports:

 

On 6 December 2016, in Carver Middle School Gay-Straight Alliance v. School Board of Lake County Florida, a federal appeals court overturned a lower-court ruling that supported the Lake County School Board's decision to block middle-schoolers from forming a gay-straight alliance club to combat bullying.

 

In a battle dating to 2011, the 11th Circuit Court of Appeals ruling found that the Equal Access Act, which requires federally-funded secondary schools to treat all extracurricular clubs the same, applies to middle-school students.

 

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Florida: Federal Sexual Orientation Discrimination Case Settled

 

Today, 19 December 2016, in Baldwin v. Foxx, a case in which a former FAA employee was suing for sexual orientation discrimination under Title VII, the Plaintiff David Baldwin filed notice that he has accepted a judgment in his favor.

 

"Defendants offer to have judgment entered against them, and in favor of Plaintiff David Baldwin in the amount of Ten Thousand and One Dollars ($10,0001.00), such amount to be considered inclusive of all costs accrued to date that might be recoverable against Defendants in this action, including without limitation, any claim of attorney's fees, expert witness fees, or other costs awardable by statute, contract, or otherwise. This offer of judgment is made for the purposes specified in Rule 68, and is not to be construed either as an admission that defendants are liable in this action, or that plaintiff has suffered any damages."

 

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"Ending Anita:" How Two Key West Bartenders Won Gay Marriage for Florida

 

This new book is Anthony Adams' recounting of how two Key West bartenders become the first couple in Florida to win a same-sex marriage lawsuit. From the book's Amazon description:

 

"Ending Anita" is the story of Aaron Huntsman and Lee Jones, the two gay, outspoken, and impatient blue-collar Key West bartenders with no experience as activists who won gay marriage for Florida. Any online search for information about gay marriage (marriage equality) in Florida will get you the dates, court cases and rulings, but "Ending Anita" introduces you to the people behind the headlines. In addition to the Florida plaintiffs Aaron and Lee, you will meet the straight, Republican Roman Catholic mother who became their brilliant lawyer and then their friend. You will meet the gay judge who was slated to hear their case but was suspiciously chased off the bench because of his profile on a gay hook-up site. You will meet the gay former Marine with experience in the Hollywood film industry who helped guide them through the media scrutiny that almost drowned them during their suit. You will meet the close-knit circle of loyal and protective Conch (Key West) friends who stood with Aaron and Lee in their battle for justice.

 

Gay marriage (marriage equality) is now the law of the land thanks to the Supreme Court. That victory was actually earned by LGBT activists on the state-level where they fought against anti-gay laws treating them as second-class citizens. Florida in particular was beset by homophobic laws spawned by Anita Bryant's Miami-based anti-gay fear mongering of 1977. Florida public sentiment has now changed in favor of LGBT rights, but anti-gay politicians did not want those laws dropped. Aaron and Lee, with no political or legal experience, were told they were in over their heads. This did not stop them.

 

Aaron and Lee were born post-Stonewall! Despite several decades of LGBT progress, when they went to their County Clerk's office to request a marriage license, they were declined. "Ending Anita" is the story of their winning fight against that discrimination.

 

For students of Florida history, "Ending Anita" contains a marriage equality timeline, a history of gay Florida, and a history of gay Key West. The addenda include the Huntsman v. Heavilin suit, the court transcript of the hearing, and the text of Judge Garcia's ruling.

 

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Florida: State Reaches Settlement on Issuing Accurate Birth Certificates

 

Tallahassee FL - Today, 11 January 2017, almost two years to the day after same-sex marriages became legal in Florida, the State has finally settled the lawsuit, Chin v. Armstrong, filed against it by married same-sex couples who were denied accurate birth certificates for their children.

 

On 13 August 2015, two couples, along with Equality Florida Institute, the largest organization representing LGBT Floridians, filed said lawsuit challenging Florida's refusal to issue birth certificates listing both spouses as parents of their children. The plaintiffs are represented by the NCLR and Florida attorneys, Mary Meeks and Elizabeth Schwartz.

 

Under the terms of the settlement, the Department of Vital Statistics agrees to treat same-sex spouses the same way it treats different-sex spouses for purposes of birth certificates, and will issue corrected birth certificates to married same-sex couples at no charge, including couples who were validly married in any other state at the time their children were born in Florida. The State also agreed to pay some attorneys' fees to the couples' attorneys.

 

"The LGBTQ community can now celebrate a long-awaited victory," said Hannah Willard, Public Policy Director for Equality Florida. "Married same-sex couples deserve to be treated fairly and equally before the law in all ways, including in the recognition of our families. Thanks to years of hard work by the NCLR and our local attorneys, the State of Florida has agreed to our terms so that we can put this discrimination behind us."

 

"Through the course of this lawsuit, Florida took important steps to protect same-sex couples and their families and we are very happy that the State has now fully resolved the case," said NCLR Senior Staff Attorney Amy Whelan. "Leaving children and families vulnerable in this way benefits no one and we hope other states will follow Florida's example."

 

Not having an accurate birth certificate denies children with same-sex parents the dignity, legitimacy, security, support, and protections available upon birth to children of married different-sex parents. It also prevents parents from taking care of their children's every day needs like obtaining healthcare, signing up for daycare, and enrolling in government programs and benefits. The resolution of this lawsuit has eliminated these problems and will ensure that these families are treated equally.

 

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Florida: Jacksonville City Council Adds LGBTs to Human Rights Ordinance

 

On 14 February 2017, the Jacksonville City Council voted to expand the city's Human Rights Ordinance. The measure passed 12-6, with Councilwoman Katrina Brown being absent. She was expected to vote "yes." The bill, sponsored by council member Aaron Bowman, Tommy Hazouri, and Jim Love, added the words "sexual orientation and gender identity" to the pre-existing HRO which already prohibits discrimination in public accommodations, employment, and housing.

 

Mayor Lenny Curry returned the bill without a signature, thus making the HRO expansion law.

 

Previously, and excluding the confused state of affairs with the Houston non-discrimination ordinance, Jacksonville had been the most-populous city in the USA to not include the LGBT community within their non-discrimination protections.

 

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Florida: Inclusive Non-Discrimination Bill Introduced

 

Florida remains one of the most populous states in the nation where discrimination based on sexual orientation and gender identity remains legal. But that could change this year, as a bill has now been introduced in the state legislature that would prohibit such discrimination in employment, housing, and public accommodations. "To me, this is as important as any piece of legislation I will file this year," says state Rep. Rene Plasencia, a Titusville Republican. He believes the chances of getting the bill passed and put in front of Gov. Rick Scott are as strong as ever.

 

In 2016, similar legislation for the first time got a vote in the Florida legislature, though only in the House, where it died on a tie vote in committee. The state Senate never took up a bill last year. LGBT activists in Florida, though, seem optimistic about the legislation winning support this year. "Momentum continues to grow," says Nadine Smith, executive director of Equality Florida. "We've seen the business community start to consolidate behind the measure, not only because it's the right thing to do but because of bottom-line competitiveness."

 

Plasencia sponsored the legislation along with state Rep. Ben Diamond, a Democrat from St. Petersburg. Since being filed, the bill has drawn 12 other lawmakers as co-sponsors, including three Republicans; Republicans control the Florida House 79-41 and the Senate 25-15. Plasencia says the real trick, though, will be making sure chairmen are willing to take up the legislation once it gets assigned to committees.

 

Similar legislation has been filed in the Florida Senate by state Sen. Jeff Clemens, a Lake Worth Democrat, but that legislation has not picked up any co-sponsors. Clemens has also sponsored a bill that would outlaw conversion therapy.

 

Hannah Willard, public policy director for Equality Florida, says 56 percent of Floridians already live in jurisdictions where local discrimination bans are in place. Florida has more local anti-discrimination ordinances than any other state, and every ordinance covers LGBT individuals. And while pro-business lawmakers and Chamber of Commerce groups previously have bought into arguments that anti-discrimination regulations could potentially hurt businesses or discourage companies from locating in Florida, the outcry last year over North Carolina's notorious HB2 may indicate the tide has turned.

 

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Jacksonville: Once Again, Liberty Counsel Proves to Be Bigots

 

Liberty Counsel is fighting to overturn Jacksonville's Human Rights Ordinance, and is pulling out all the stops to try to block the legally-enacted Human Rights Ordinance approved last month by city leaders in Jacksonville FL, filing a lawsuit to that effect in Duval County Court on Tuesday, 28 February 2017.

 

The plaintiff is an unknown figure named John Parsons, a local resident represented by Mat Staver and his pack of conservative legal eagles. As the right-wing Christian law firm did with "marriage," adding quotation marks around the word as if to question the legality of same-sex marriage, its news release announcing the suit refers to the HRO as "the so-called Jacksonville 'Human Rights Ordinance.'"

 

The law amended the city's existing discrimination protections to include LGBTQ people. Discrimination complaints will be investigated by the city's Human Rights Commission, and violations will be punishable by a $500 fine.

 

The law includes a provision that exempts small businesses with less than 15 employees from the ban on employment discrimination. It also exempts religious organizations from all of the discrimination prohibitions and the law has no new requirements regarding restroom usage.

 

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Florida: State Supreme Court: "Sexual Intercourse" Includes Same-Sex Couples

 

Tallahassee FL - The Florida Supreme Court has determined that "sexual intercourse" is not just the vanilla whatever between a man and a woman. The question arose during a case in which a man was charged with a third-degree felony for failing to reveal to his male partner that he was HIV-positive.

 

In February 2015, his lawyer argued before the state's Supreme Court that Florida laws were so narrowly defined that "sexual intercourse" did not apply to sexual activity between same-sex partners, nor to any sexual activity beyond traditional vanilla sex.

 

On Thursday, 16 March 2017, the court rejected that argument, ruling that the Legislature's goal was clearly to reduce the spread of human immunodeficiency virus when it enacted the law, even if it did not clearly spell out what it meant by "sexual intercourse."

 

Given the context of the ruling, one can also presume that the legislature did not deem it necessary to draw diagrams, nor did it see fit to include illustrations. However, given the lengthly, 2-year time-interval between oral arguments and the issuance of the ruling, one wonders whether the court itself may have needed such guidance.

 

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Tampa to Ban Gay Conversion Therapy

 

Councilman Guido Maniscalco proposed the ban on gay conversion therapy earlier this month. The measure would punish licensed mental health professionals who offer conversion therapy to minors with fines of up to $5000. The rules apply to psychiatrists, psychologists, doctors, osteopaths, social workers, therapists, and licensed counselors. The ban exempts members of the clergy who are still free to ruin lives.

 

The proposed ordinance had its first reading on Thursday, 16 March 2017, after a hearing on the matter. The Tampa city council then voted unanimously in favor of the ban. A second reading is scheduled for April.

 

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Florida: Massive Ruling in Federal Class-Action Suit

 

Re: Death Certificates for Same-Sex Couples

 

On 23 March 2017, in Birchfield v. Armstrong, the Florida federal class-action suit for retroactive recognition of spouses on death certificates, the Federal judge has certified a class of plaintiffs and grants summary judgment in favor of said plaintiffs, saying "the defendants must correct a constitutional error that affected a death certificate's information on both marital status and a spouse's identity."

 

Class is defined as:

"Each person (i) who entered into a valid marriage with a same-sex spouse in a jurisdiction that permitted the marriage, (ii) whose spouse died in Florida on or before January 6, 2015, (iii) for whose spouse a Florida death certificate was issued that did not recognize the marriage and list the surviving spouse, and (iv) who has not already obtained a court order to amend the death certificate to recognize the marriage and identify the surviving spouse."

 

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Florida: Commentary on "Birchfield" Decision

 

One may recall that Judge Robert Hinkle, the federal judge in the Birchfield case, also ruled in our favor in the very strongly-worded consolidated marriage case, Brenner/Grimsley v. Scott/Armstrong, the ruling with the 90-day countdown (from 6 October 2014) that led to 6 January 2015, the date mentioned above, and the date upon which same-sex marriage thus became legal in Florida.

 

However, ever since then, the state of Florida has continued to obstinately fight that ruling, especially when it came to the matter of retroactive recognition of same-sex relationships, whether it pertained to birth certificates (see Chin v. Armstrong, already decided in our favor on 11 January 2017), and now, death certificates. A-G Bondi has a very difficult time grasping the obvious,-- that the Supreme Court ruling in Obergefell v. Hodges, in addition to its same-sex marriage ruling, specifically addressed the matter of retroactive death certificates for same-sex couples duly married in another jurisdiction, as that was precisely what Jim Obergefell set out to obtain from the state of Ohio,-- and precisely what the instant decision in Birchfield corroborates.

 

But Florida under Scott and Bondi is special, and apparently requires its own separate federal court ruling on every matter related to same-sex marriage, and all the associated issues pertaining thereto.

 

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Florida: Trans Student Suing School District for Bathroom Access

 

Drew Adams, a 16-year-old trans boy, is suing the St. Johns County School Board in St. Augustine, FL, because he's been denied access to the boys' bathroom. The 16-year-old transgender student at Allen D. Nease High School in Ponte Vedra Beach, FL, is suing his school district after being denied access to the bathroom that aligns with his gender identity.

 

Drew Adams came out as transgender when he was 14, and started his freshman year at the school in August 2015 as a boy, which was reflected on his drivers' license and in the pronouns teachers and other students used for him. He also used the boys' bathrooms - until 22 September 2015, when he was pulled out of class by guidance counselors who told him that someone had anonymously reported that he was using the boy's bathrooms, and that he had to use the school's gender-neutral bathrooms instead.

 

He has since only used the gender-neutral bathroom, though it felt like "an insult to [his] identity," and caused him humiliation and anxiety, according to the federal court documents filed Wednesday, 27 June 2017, in the Middle District of Florida. The St. John's County School Board, which oversees the high school, is named in the lawsuit as a defendant, along with Tim Forson, the superintendent of schools, and Lisa Kunze, the high school's principal.

 

Adams had, along with his parents, first appealed to school administrators. When that failed, they filed a complaint with the federal Department of Education's Office of Civil Rights, which began investigating his case, but has not issued a decision. The suit argues that the school's actions are a violation of Adams' constitutional rights under the Equal Protection Clause of the Fourteenth Amendment and a violation of his civil rights under Title IX of the Education Amendments of 1972, which bans discrimination on the basis of sex.

 

"(The current policy) sends a message to transgender students that schools see transgender students as different or unworthy of the same educational opportunities as other students. The law is quite clear in terms of the recent decisions," Paul Castillo, senior attorney for Lambda Legal who is representing Adams in the case.

 

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11th Circuit Court of Appeals: Prospective Jurors Must Be Vetted for Homophobia

 

On 22 November 2017, in an appeal from a Florida federal district court, a 3-member panel of the 11th Circuit Court of Appeals ruled that a defendant will be granted a new trial because the judge refused to ask potential jurors questions about any anti-gay bias they might have.

 

"Raymond Berthiaume brought suit against Lieutenant David Smith of the Key West Police Department and the City of Key West .... alleging claims of excessive force, false arrest, false imprisonment, battery/unnecessary force, and malicious prosecution, arising from Lieutenant Smith's October 2013 arrest of Berthiaume. Following a three-day trial, the jury returned a verdict in favor of the defendants, and the district court subsequently denied Berthiaume's motion for a new trial.

 

"On appeal, Berthiaume contends that he was denied a fair trial by an impartial jury. Berthiaume asserts, inter alia, that the district court abused its discretion in failing to ask jurors his proposed voir dire question, which was: 'Do you harbor any biases or prejudices against persons who are gay or homosexual?' After review, and with the benefit of oral argument, we conclude that, given the particular facts and circumstances in this case described below, the district court abused its discretion in not asking that question."

 

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Palm Beach County FL Bans Conversion Therapy for Minors

 

West Palm Beach - On 19 December 2017, Palm Beach County commissioners voted 5-2 to ban conversion therapy for minors, becoming the first county in the state of Florida to approve such a ban.

 

The vote came after County Attorney Denise Nieman recommended that the commission not pass the proposed ordinance. She cited a lawsuit against Tampa, which had passed a similar ordinance, and is now being sued by a pair of people represented by Liberty Counsel.

 

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Florida: Ft. Lauderdale Elects Its First Out, Gay Mayor

On Tuesday, 13 March 2018, Fort Lauderdale voters on gave a clear victory to attorney Dean Trantalis, 64, to take over where Mayor Jack Seiler leaves off. Bruce Roberts, the city’s former police chief, trailed far behind Trantalis, with about 35 percent of the vote.

Thus, Fort Lauderdale, which has a history of homophobic mayors, has just elected its first openly gay mayor, Dean Tantralis, making him the mayor of the largest city in the South currently led by an openly gay official.

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Florida: Transgender Student Wins Federal "Bathroom" Case

On 26 July 2018, in Adams v. School Board of St Johns County, the federal case in which a transgender boy is being denied access to the boys' restroom at his Florida high school, Judge Corrigan has ruled in favor of the plaintiff, Drew Adams. "Drew Adams must be permitted to use any of the boys’ bathrooms at Nease High School that are available to any other male student, except within locker room and shower facilities, so long as Adams is a student enrolled at Nease High School."

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Florida: Transgender Woman Wins Federal Suit against Florida Dept. of Corrections

The federal court in Tallahassee today, 22 August 2018, ruled in favor of Reiyn Keohane, a transgender woman currently incarcerated at the Walton Correctional Institution.

Prior to entering DOC custody, Ms. Keohane, now 24, had been living as a woman for several years and had legally changed her name and begun hormone therapy. After arriving in DOC custody in July 2014, Ms. Keohane made clear to DOC officials that she needed to continue her treatment for her gender dysphoria, which included both hormone therapy and the ability to groom and dress consistent with her female gender identity. DOC staff told her that she would never receive hormone therapy while incarcerated; her female clothing items were confiscated; her hair was forcibly shaved; and her numerous grievances were rejected.

Today’s ruling holds that it is medically necessary for Ms. Keohane to be able to socially transition in prison, in that she must be permitted access to the same clothing and grooming standards as other female inmates.

The Order on the Merits is here:
http://bit.ly/2NbzQHX

Note, the Order on the Merits, linked above, contains some rather gruesome detail involving self-mutilation which forced me to stop reading it.

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Florida: Transgender "Bathroom" Case Appealed to 11th Circuit Court of Appeals

On 23 August 2018, in "Adams v. School Board of St Johns County," the case of the transgender boy being denied access to the boys' restroom at his Florida high school, the St. Johns County School Board is appealing the decision to the 11th Circuit Court of Appeals that requires the school to allow Drew Adams to use the boys' restrooms at his high school.

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Florida: Gay Latino State Legislator Just Got Engaged

Florida's first and only LGBTQ Latinx legislator, Carlos Guillermo Smith, representing the 49th District of the Florida House of Representatives, just got engaged to his long-term same-sex partner, Jerick, tonight, 13 October 2018, on stage at Orlando Pride.

Note: The 49th District occupies an area on the east side of Orlando around University Park and E. Colonial Drive (FL 50) where the East-West Expressway (FL 408) and the Eastern Beltway (FL 417) intersect. It is 50% Anglo white, 10% Anglo black, 33% Hispanic, and 7% other.

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Florida: Judge Dismisses Charges Arising from Gay Sex Sting

On 19 October 2018, a Florida judge has dismissed charges against a man who was arrested as part of a sting of an adult store. In July 2018, police in Hollywood, Florida, responded to an anonymous complaint about gay sex in the backroom of the Pleasure Emporium.

Police responded with an undercover sting. Two officers went to the Pleasure Emporium, paid $25 each to enter the backroom, walked under a giant neon sign that read “PRIVATE VIEWING,” watched gay men having sex in a room, and then arrested 13 of them.

The men were prosecuted for indecent exposure in a public place, but Broward County Judge Ginger Lerner-Wren just ruled that the backroom of the Pleasure Emporium is not a public place. “The court finds that the Pleasure Emporium is not a public space under [Florida Statute] 800.03,” she wrote, citing that the law specifically says it’s not a crime to expose oneself “in any place provided or set apart for that purpose.” She noted that the private rooms are separated from the public business area with several barriers, like a locked door, a sign that says the rooms are private, and the $25 fee.

As a separate side issue, Florida media outed the same 13 men by publishing their names and photos, after having received said information from the Hollywood Police Department. Since their actions have just been ruled a non-crime, a separate civil suit for damages is likely to be filed against the police department.

In addition, Rhonda Gelfman, a lawyer who is representing many of the men arrested in the sting, said that she will now try to help those among the remaining 12 who have already pleaded guilty to something that the judge just ruled wasn’t even a crime.

Rick

 

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Florida: Hand Re-Count in US Senate Race Begins

On Thursday, 15 November 2018, Florida Secretary of State Ken Detzner ordered election workers to recount all ballots by hand in the state’s tight race for US Senate, a move that Democrats hope will uncover thousands of votes in urban areas that tabulating machines may have missed. That scenario could be a windfall for incumbent Democratic Sen. Bill Nelson, who trails his Republican challenger, Republican Gov. Rick Scott, by12,603 votes, or 0.15%. That puts their race within the 0.25% margin that automatically triggers such a manual recount.

About 25,000 ballots in Broward County showed votes for the governor’s race but not the Senate race, according to preliminary returns last week. Typically, Senate races, which are at the top of the ticket, receive more votes than other contests in midterm elections. Democrats hope these “undervotes” — in which no candidate is selected on a ballot in a given race — are the result of machines simply failing to register votes, while a human inspector could see the voter’s intent.

On the Senate ballots that had been counted in Broward County as of last week, voters broke for Nelson by a margin of more than two-to-one, suggesting that any votes uncovered by hand could also tilt heavily in Nelson’s favor. One analysis found 38,593 undervotes statewide in the Senate race.

Two deadlines are approaching in the coming week. Sunday at noon, 18 November, marks a deadline under state law for county election boards to submit the results of the hand recount to state officials — a deadline many worry cannot be achieved in major counties, where hundreds of thousands of votes must be visually inspected. And the state’s elections canvassing board is required to certify the election by 9 AM on Tuesday, 20 November.

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Federal Suit Filed After Gay US Citizen Threatened with Deportation

A gay man, a US citizen born in Philadelphia, was held by the Monroe County FL sheriff's department at the request of ICE and threatened with deportation "back to Jamaica." On 3 December 2018, the Southern Poverty Law Center, the ACLU, and the ACLU of Florida filed a federal lawsuit on his behalf.

The case has been assigned to Chief Judge K. Michael Moore with referrals to Chief Magistrate Judge Andrea M. Simonton.

"The SPLC sued Monroe County Sheriff Rick Ramsay today for illegally holding a US citizen in the county jail on a US Immigration and Customs Enforcement (ICE) hold. The suit is the first to challenge a Florida sheriff for unlawfully detaining people at ICE’s request as part of a Basic Ordering Agreement (BOA), ICE’s latest scheme to use local law enforcement to find and deport immigrants." 

 

Actual Female, Mis-Classified as Transgender When Jailed, Sues Florida

Fior Pichardo de Veloz, a grandmother from the Dominican Republic, is suing after Florida police arrested her – and then put her in jail with male prisoners because they mistakenly thought she was transgender.

Pichardo, who had come to the United States to witness the birth of her grandchild, spent ten hours in a cell with male inmates after a prison doctor decided she is transgender because she takes hormone blockers for menopause.

A federal appeals court has ruled that Pichardo can sue the doctor and a nurse who insisted she be treated as a man – despite a strip search that showed she is a woman. A previous judge had thrown out the lawsuit, saying the medical personnel were immune from the negligence lawsuit.

“Every reasonable prison officer and medical personnel would have known that wrongfully misclassifying a biological female as a male inmate and placing that female in the male population of a detention facility was unlawful,” Judge Frank Hull wrote in the unanimous decision.

Pichardo was arrested at Miami International Airport on an old drug charge that, unknown to her, was still outstanding. Pichardo is an attorney and elected official in the Dominican Republic.

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