Posts Tagged 'Police Practices'

July 10 Webinar on the RNC in Tampa

First Amendment BullhornBaylor Johnson
Online Advocacy Coordinator, ACLU of Florida

In just over two months, our state will be at the center of global attention, as thousands of journalists, political activists, and protesters descend on Tampa for the 2012 Republican National Convention. How will policies and laws put into place for the Convention impact the rights of the reporters, demonstrators, and the citizens of Florida? And what can we do to ensure that our First Amendment rights and other freedoms are being upheld?

Join us online on Tuesday, July 10 from 7 to 8:30 p.m. for a free know-your-rights webinar, 2012 RNC in Tampa: What You Need to Know. We’ll discuss the rights of demonstrators and photographers, the permitting process and other rules and restrictions passed for the event, and take questions from the webinar attendees on how you can stand up for your rights.

The webinar will feature speakers from the ACLU of Florida, the Public Defender’s Office, as well as Tampa City Attorney James Shimberg, and Tampa Police Department Chief Jane Castor and Assistant Chief John Bennett.

Register for the webinar today to reserve your spot. You will receive an email with log-in information after you have registered. For additional questions or comments, contact our Mid-Florida Regional Director Joyce Hamilton Henry at jhamiltonhenry@aclufl.org.

UPDATE 7/10: Excitement for the webinar has exceeded our expectations! So many people have registered to learn to protect their rights that we may exceed the capacity for the webinar. If you have registered, try to log in early to ensure your spot in the webinar. If the webinar is full when you attempt to log in, keep trying, or follow us on Twitter as we livetweet the event at @ACLUFL, and download the PowerPoint (approx. 3MB) here.

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?

Cartoon: Attorney General Pam Bondi Asks Supreme Court to Approve Racial Profiling

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Howard Simon on the Shooting Death of Trayvon Martin

Howard Simon
Executive Director, ACLU of Florida

When news broke about the shooting death of Trayvon Martin and the decision of the Sanford, Florida Police Department not to press charges of any sort against the shooter, George Zimmerman, the ACLU added its voice to those who were calling for a more thorough outside investigation.

Our Mid-Florida Regional Director Joyce Hamilton Henry was one of five speakers at the first rally in Sanford, held at the Allen AME Chapel.

Our concerns about the inept work of local police and prosecutors has been heightened by reports that the detective investigating the shooting death of Trayvon had recommended the filing of charges, but was overruled by the States Attorney for Seminole County.

And now, with so much of the conversation (witness Change.org, that has collected approximately two million signatures on a petition calling for the arrest of George Zimmerman, essentially defining Zimmerman’s arrest as justice for Trayvon),we have tried to change the focus of the discussion.

The op-ed below the break, which is reprinted from the Tampa Bay Times (formerly the St. Petersburg Times) focuses on:

  •  Not putting excessive faith in the criminal justice system;
  • It doesn’t always render justice or too frequently it renders inadequate justice
  •  We need to use this incident to address (a) problems of race, (b) problems with local law enforcement, and (c) America’s gun culture

Questions in teen’s shooting need to go deeper

Continue reading ‘Howard Simon on the Shooting Death of Trayvon Martin’

Investigation of Trayvon Martin’s Death and Police Response Must Be Fair, Thorough, Unbiased

Joyce Hamilton Henry
Mid-Florida Regional Director, ACLU of Florida

Rev. Al Sharpton, Dr. Joyce Hamilton Henry, and Sybrina Fulton

(Pictured above, from left to right: Rev. Al Sharpton, Joyce Hamilton Henry and Sybrina Fulton, mother of Trayvon Martin, at the gathering.)

Tens of thousands of people were in Sanford, Florida, last night — coming together over the tragedy of the shooting of 17-year-old Trayvon Martin. (Pictured above, from left to right: Rev. Al Sharpton, Joyce Hamilton Henry and Sybrina Fulton, mother of Trayvon Martin, at the gathering.)

National political, social and media leaders joined the Martin family in seeking justice and speaking to and for a community in pain. As Mid-Florida Regional Director of the ACLU, I was there and I can tell you that the emotion and energy in the crowd was intense as they demanded justice for Trayvon.

In the hours before and since the rally last night, two events unfolded which will shape this ongoing situation: it was announced that a state attorney from outside the area will help lead the official inquiry, and Sanford’s Police Chief, Bill Lee, announced he would temporarily step aside.

Early on, we highlighted the need for an unbiased, professional, thorough outside investigation into the shooting and called on state and federal leaders to act. Thankfully, the FBI, the Florida Department of Law Enforcement (FDLE) and the Department of Justice have announced that they will undertake an investigation. These agencies should investigate not only what happened to Trayvon, but the response of local law enforcement to his killing. With the addition of outside eyes on the Martin shooting, we don’t want to lose sight of the need to not only uncover what happened that tragic night but also review the initial local investigation itself. Unanswered and very troubling questions about the police response remain.

Bringing in a state attorney from outside Sanford is clearly a hopeful  development and their  expected professionalism will help the FBI and FDLE conduct the fair and objective investigation that is needed. The governor and law enforcement leaders deserve credit for making this happen.

Now that outside experts are looking over the evidence and hopefully reviewing the investigation itself, we must give them the room they need to do the job right.

Justice is best served in this tragedy by a thorough and unbiased investigation of both the shooting and the initial investigation by the Sanford Police Department.

TAKE ACTION: Please join us in calling on Florida Attorney General Pam Bondi to ensure that this investigation is done right. We deserve fair, thorough and unbiased answers.

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(Note: This piece also appears on the ACLU National Blog.)

Justice for Trayvon

Joyce Hamilton Henry
Mid-Florida Regional Director, ACLU of Florida

Tonight the author attended a gathering at the Allen Chapel AME Church in Sanford, Florida. The following is an excerpt of her remarks:

As we learn more about the tragic shooting death of Trayvon Martin, concerns are being raised about the manner, thoroughness and neutrality of the investigation by the police in Sanford, Florida.

The concern is justified.

To understand it, it helps to know how we got here. Not the events of Feb. 26, which ended in Trayvon’s death, but a sad history in Florida where justice for all has been illusive – and justice for some impossible. Too often, crimes with clear, undeniable racial motives were swept under the rug or overlooked while families and communities waited in vain for justice. So, when Sanford Police Chief Bill Lee, the person in charge of the investigation, tells a reporter “the investigation is color blind,” there is reason to be concerned.

Justice is supposed to be blind. Investigators should not be.

Any real investigation worthy of a professional law enforcement agency must consider the facts. And if racial biases or stereotypes played a part in what happened on Feb. 26, that’s a fact.

Communities of color and disadvantage know too well that some people who say they are color blind really mean they only see in one direction – conveniently overlooking how race and attitudes about race affect so many things. There’s a big difference between not seeing race and seeing what you want to see. When Lee says he’s being color blind, it’s time to bring in outside eyes.

It’s welcome news that federal, state and local law enforcement and a grand jury are looking over the shoulder of the police. Their inquiries need to be as much about the killing of Trayvon as the official response, including any departures from standard procedure in a homicide, and the professionalism and possible biases of Sanford police.

Justice demands at least that much.

Just as troubling, by announcing there is no evidence to dispute shooter George Zimmerman’s account that he was acting in self-defense, it appears Lee may have already made up his mind. If Lee has indeed finished his assessment, he must tell us what led to his conclusion. Lee needs to explain how a man armed with a gun and weighing about 80 pounds more than an unarmed teenager came to fear for his life – so much so that it was necessary to shoot and kill Trayvon in order to protect himself.

And if authorities are still investigating Trayvon’s killing, Sandford Police Chief Lee should stop commenting on the case. Announcing conclusions before all the questions are answered, at a minimum, is premature and superficial. Telling part of the story – making conclusions in public – isn’t answering questions, it’s raising them.

All the questions raised by this tragic shooting must be answered: fairly, accurately, and with justice in mind.