Posts Tagged 'Criminal Justice'

ACLU and Florida Immigrant Coalition host statewide Immigration Enforcement Summit – June 23, 2012 – University of Central Florida, Orlando

By Ron Bilbao, Advocacy Coordinator/Legislative Associate. ACLU of Florida.

Over 100 participants gathered at the University of Central Florida’s School of Business Administration on Saturday, June 23rd to get down to business on how to deal with the real problem with immigration in Florida these days – enforcement. On the eve of the Supreme Court’s decision on Arizona’s infamous SB 1070 law, advocates from seventeen different counties throughout Florida joined together to prepare for the worst. Despite Florida not being one of the six states with Arizona-style anti-immigrant laws in place, all sixty-seven counties have agreements with the federal government to implement the nefarious “Secure Communities” program which, among other things, gives local police authority to check the immigration status of anyone who is detained for any offense. The result has been increased mistrust between communities of color and local police, in many cases, crimes going unreported for fear of retribution and potential deportation leading to the separation of families and a constant fear throughout Hispanic neighborhoods. We don’t need a Florida-style SB 1070 law, we are already feeling the terrorizing effects of its discriminatory enforcement.

The summit brought together national and local speakers to discuss the impact of the Supreme Court decision on Florida, how to respond, and most importantly how to fight back against enforcement right now in our local communities. Andre Segura, staff attorney at the ACLU’s Immigrants’ Rights Project in New York kicked off the day with a keynote discussing the questions before the Court in Arizona v. United States to be decided the following Monday, and how that ruling could affect Florida now and in the near future. An all-star panel followed the keynote where national and regional leaders discussed how they are fighting back against racial profiling and enforcement practices in their respective areas. Panelists included Sian ófaoláin of Rights Working Group that is organizing states to pass anti-racial profiling legislation; Héctor Cruz from WeCount! who is leading a campaign to take local control over ICE holds; Mayron Payes of the Center for Community Change describing his work on family commissions; and Paola Everett of the ACLU of Florida’s Tampa office detailing their documentation and data-collecting study on racial profiling in three Florida counties. The panel was moderated by Dr. Joyce Hamilton-Henry, director of the mid-Florida regional office of the ACLU of Florida.

A series of workshops followed which aimed at training participants in the details of fighting back against enforcement locally. From Know Your Rights 101, to Documenting Racial Profiling, to Legal Defense and Rapid Response, to Voter Engagement. The trainings were thorough and led by experts in the field. After the workshops, participants broke into groups by regions and set specific goals by which to implement the work they trained for in the workshops. The summit closed with a group report-back and some inspiring words from Maria Rodriguez, Executive Director of the Florida Immigrant Coalition and Board Member of the ACLU of Florida.

Watch a video of the summit: here

See photos from the summit: here 

Watch media response to the summit: WESH and FOX

Download materials from the summit: http://bit.ly/materialsforsummit

Standing On Shaky Ground: Rick Scott’s Defense Of Selective Constitutional Rights

Guest Post
By Martha Jackovics
Beach Peanuts
beachpeanuts@gmail.com
@BeachPeanuts

On the very same day that Tampa Mayor Bob Buckhorn sent a request to Gov. Rick Scott to restrict carrying firearms during the Republican Convention this summer, the governor responded:

No.

Not exactly a shocking response from the gun owner, NRA member, and the man who stacked the new Stand Your Ground Task Force with gun friendly lawmakers,some who actually wrote the law and have already defended it as it pertains to Trayvon Martin case in op-eds before they were appointed.

From The Tampa Tribune:

“The short answer to your request is found in the 2nd Amendment to the U.S. Constitution and in Article 1, Section 8 of the Florida Constitution,” Scott replied.

Both sections guarantee citizens’ rights to keep and bear guns, he noted.

In his letter, Buckhorn appealed to the governor to restrict carrying firearms during the RNC in downtown Tampa under the emergency powers granted to the governor during times of emergency. Given the highly charged atmosphere surrounding the RNC, placing no limits on gun possession could increase the threat to public safety, Buckhorn’s letter argued.

Scott replied that he understood Buckhorn’s concern. The city already plans to ban sticks, poles, water guns and lots of other potential weapons from a downtown “event zone.”

(In his letter, Scott adds this: “Firearms are noticeably included, however, in the 2nd Amendment. The choice to allow the government to ban sticks and poles, but not firearms, is one that the People made in enacting their state and federal constitutions.)

“But it is unclear how disarming law-abiding citizens would better protect them from the dangers and threats posed by those who would flout the law,” Scott wrote. “It is at just such times that the constitutional right to self defense is most precious and must be protected from government overreach.”

Scott said he was confident law enforcement would be able to protect Tampa’s citizens and visitors without the extra step of banning guns.

Buckhorn said he wasn’t concerned with people licensed to carry concealed weapons, a list that used to include him. He said he was more worried about one of those licensed weapons getting loose and landing in the wrong hands.

“Some of the people that will be here in August are not exactly model citizens,” he said. “I think even the most ardent 2nd Amendment supporter would understand why I made that request.”

Yes, even the most ardent 2nd Amendment supporters would understand Buckhorn’s point, (not to mention law-enforcement officers) but this is Rick Scott we’re talking about, and we can add this to the very long list of things that he fails to understand about governing. 

Also not shocking is the hypocrisy employed in Scott’s decision. 

It seems Gov. Scott would prefer risking a “shootout at the O.K. Corral” situation rather than diss the NRA trample on one’s constitutional rights. After all, Scott is a well known defender of constitutional rights!

Except when he isn’t.

Also in his letter to Mayor Buckhorn, Scott wrote

“We have had political conventions in this country since the dawn of the Republic. They are an essential means of furthering our constitutional rights to free speech and to vote. “Our fundamental right to keep and bear arms has coexisted with those freedoms for just as long, and I see no reason to depart from that tradition this year.”

Surely you jest, Gov. Overreach? Our constitutional rights to free speech and to vote? In Rick Scott’s Florida, constitutional rights are selective.

For example, some would say that the concept of free speech ceased to exist once Scott bought his way into Tallahassee and declared Florida “Open For Business.Scott’s alliance with “big business” has been beneficial to both, and he seems to be a firm believer in the Mitt Romney school of thought:

“Corporations are people, my friends!”

That’s not the only similarity between the two. In fact, anyone thinking of voting for Romney might want to pay a visit to Florida or talk to a resident first. Florida under Scott’s slash and burn policies can provide an ugly preview of the potential disaster in the wake of a President Romney. The lower your income, if you have one, the less rights you have. Just ask a Florida welfare recipient.

Voting rights were one of the first things to come under assault in Florida after Scott arrived. Sure, we still have the “right” to vote, but thanks to Scott and the conservative majority in the legislature, it’s much harder to exercise that right. Where was Scott’s love of the Constitution when the chairman of the Senate Judiciary subcommittee on civil rights and the Constitution was holding hearings on those voting restrictions? As you’ll recall, when asked what steps Scott’s administration planned to take to ensure Florida’s new laws didn’t disenfranchise Florida voters, he didn’t bother to respond. He never showed up for the hearings either.

In fact, Rick Scott spends a great deal of time AND money on issues dealing with the rights of Floridians. Unfortunately it’s taxpayer money, and it’s due to Scott restricting those rights rather than defending them, and we all pay dearly on both counts. Never mind that the courts have often ruled in our favor. Scott, or the “Supreme Executive”as he refers to himself, just declares those courts “wrong” and we’re forced to spend more on seemingly endless appeals. So many, in fact, when Scott “disagreed” with a judge recently who found an unconstitutional breach of contract where Scott cut state salaries to offset pensions, the governor’s press release began with: “As you would expect, I believe this decision is simply wrong.

“As you would expect” will no doubt become boilerplate for many a future press release from the governor’s office, as the potential for appeal list is long. From drug testing welfare recipients and state employees, to privatizing prisons and education from elementary schools to colleges and universities, and on and on.

With so many challenges at such high costs, Scott’s method of governing seems to fly in the face of his philosophy as a fiscally conservative, “small government candidate,” but no matter. While Rick Scott disagrees with so many in the judicial branch, he’s come up with a “simple” solution for that too. Simply convince the legislature to give you the power to hand pick the judges yourself, pretend that your constituents would like nothing more than allowing their governor unchecked power, then give this response publicly to the media: “When you’re elected governor, people expect you to not have a limit on who you can appoint.” 

In Florida right now, Constitutional rights are fragile things and they need to be protected. Do you trust this man with yours?

Ending “Florida’s dirty shameful secret”

ImageMaria Kayanan
Associate Legal Director, ACLU of Florida

It was Florida’s dirty shameful secret:  for decades, Florida women who entered jail when pregnant often gave birth under extraordinarily inhumane conditions, with their hands and feet cuffed, and sometimes, with leg irons.  Doctors’ and nurses’ pleas to remove the restraints fell on deaf ears, as the corrections officers called the shots.

 In 2009, I received a letter from a woman in jail on the west coast of Florida; she told me that during labor, both of her hands and one foot were cuffed to the hospital bedrails.  During active labor, when it was time to push, she couldn’t pull up on her legs.  Ask any obstetrical nurse or physician:  that’s bad for the woman, and bad for the baby.  Then, after her baby was born, her handcuffs prevented her from holding her newborn.  Again – bad for the woman; bad for the baby.  

 This was just one letter I received from women in jail – there were many others, all of which told the same stories of the woman’s restraint during labor, delivery, and recovery.  Not all county jails subscribed to this cruel practice:  some had compassionate birthing practices that involved midwives and doulas.  However, there were no uniform guidelines, no statewide standards.  Whether a woman was shackled during labor and delivery depended on where she was incarcerated, and whether the corrections officer showed any compassion.

 But thanks to a bill awaiting Governor Scott’s approval, that’s all going to change.  The bill, sponsored in 2012 by Senator Arthenia Joyner (D-Tampa) and Rep. Betty Reed (D-Tampa) is named the “Healthy Pregnancies for Incarcerated Women Act,” and bans the use of restraints on prisoners during labor, delivery, and recovery unless they present a true security risk or flight risk.  In 2011, the bill, sponsored by then-Senator Tony Hill and Rep. Reed, passed the Florida Senate unanimously but stalled in the House.

Jail is a terrible place to be pregnant.  Now, however, women in Florida’s jails who have the misfortune of giving birth during their jail terms will at least be free of the hobbling restraints that were the norm rather than the exception across Florida.  Better for the women; better for their babies.  Thank you, Senators Joyner, Hill, and Rep. Reed, on behalf of all the women behind bars who can’t convey to you their personal thanks. We’ll tell them how you, and the entire Florida Legislature, stood up for them and their babies.