National Read Aloud Day: Century’s Mayor Reads To Head Start Kids
February 17, 2017
Thursday was “National Read Aloud Day” – a day set aside to read aloud to children. In Century, Mayor Henry Hawkins stopped by the Century Head Start Center to read aloud to the children, and they presented him with a certificate of appreciation. NorthEscambia.com photos, click to enlarge.
Tate High Senior Cheerleaders Honored
February 17, 2017
The Tate High School senior cheerleaders were honored Thursday night. They are (L-R) Mallory Stephens, Jasmine Crabtree, Alexis Wilson and Hayden Lindsay. Submitted photo for NorthEscambia.com, click to enlarge.
Florida Supreme Court Blocks Abortion Waiting Period
February 17, 2017
In another in a string of rulings siding with abortion-rights advocates, the Florida Supreme Court on Thursday blocked a 2015 law that would have required women to wait 24 hours before having abortions.
Thursday’s 4-2 decision was the second time the state high court kept the law, approved by the Republican-dominated Legislature and signed by Gov. Rick Scott, from taking effect.
A Leon County circuit judge issued a temporary injunction blocking the law from being implemented, but the 1st District Court of Appeal overturned that decision a year ago. The Supreme Court then issued a stay temporarily blocking the law while it considered the matter.
The appeals court pointed to a lack of evidence to support the temporary injunction, saying in part that the circuit judge “failed to make sufficient factually supported findings about the existence of a significant restriction on a woman’s right to seek an abortion.”
But in Thursday’s majority opinion overturning the appellate decision, Justice Barbara Pariente wrote that enactment of the law “would lead to irreparable harm.”
The law would require women to make at least two visits to a health-care provider before being able to have the procedure, Pariente noted.
“The mandatory delay law impacts only those women who have already made the choice to end their pregnancies. Indeed, under Florida’s pre-existing informed consent law, a woman can already take all of the time she needs to decide whether to terminate her pregnancy, both before she arrives at the clinic and after she receives the counseling information,” she wrote for the majority. “No other medical procedure, even those with greater health consequences, requires a twenty-four hour waiting period in the informed consent process.”
The law would require women seeking an abortion “to make an additional, unnecessary trip to their health care provider” that “could impose additional harms by requiring a woman to delay the procedure or force her past the time limit for the procedure of her choice,” Pariente wrote.
The American Civil Liberties Union of Florida filed the challenge on behalf of a Gainesville abortion clinic and a group of medical students, shortly after the law was passed. The lawsuit maintained that the waiting period is an unconstitutional violation of right to privacy.
“Today we make clear, in Florida, any law that implicates the fundamental right of privacy, regardless of the activity, is subject to strict scrutiny and is presumptively unconstitutional,” wrote Pariente, who was joined in the majority by Chief Justice Jorge Labarga and justices R. Fred Lewis and Peggy Quince.
But, in a dissent joined by Justice Ricky Polston, Justice Charles Canady accused the majority of taking “an unreasonably narrow view of the purpose of informed consent” and argued that the plaintiffs had not presented any evidence to prove that the 24-hour waiting period imposed “a significant restriction on the right to abortion.”
And the law “enhances voluntary consent” by giving women more “post-informed reflective time free from undue influence” by doctors or clinic personnel, as well as more time to consider “the medical risks of terminating or not terminating a pregnancy,” Canady wrote.
Justice Alan Lawson, who joined the court at the end of December, did not participate in Thursday’s ruling.
The 2015 law is one of a number of anti-abortion measures approved by Republican lawmakers, even as the courts have repeatedly blocked the laws from going into effect.
A federal judge last summer issued a permanent injunction against a 2016 abortion law that would have led to increased inspections of clinic records and prevented abortion providers from receiving public money for other health services.
The ACLU filed a lawsuit challenging another portion of the same 2016 law that deals with people or organizations that provide advice to women considering abortions.
People or groups who provide information about abortions — considered “referral or counseling” agencies under the law — would have to register with the Agency for Health Care Administration, pay a $200 fee and could be charged with a felony for violating the statute. A ruling in that case is pending.
Nancy Abudu, legal director for the ACLU of Florida, hailed Thursday’s ruling in the waiting-period case. But lawmakers have filed a slew of anti-abortion bills again this year, she pointed out.
“Even though we’ve won this battle, the real war, in terms of protecting a woman’s right to choose, is far from over,” Abudu said in a telephone interview. “So far, we’re seeing some victories. We wish this would signal to the Legislature that they need to focus on other things.”
by Dara Kam, The News Service of Florida
Softball: Tate, Northview Win With Shutouts; Tate Baseball Splits Preseason Games
February 17, 2017
BASEBALL
Preseason At Gulf Breeze:
Pace 3 Tate 3
Tate 2 Gulf Breeze 3
Escambia Academy 3 Patrician Academy 1
SOFTBALL
Tate 18 Washington 0
Hannah Brown threw a perfect game Thursday as the Tate Aggies beat Washington 18-0. The Aggies took a commanding lead with a 13-run second inning with homer runs from Hayden Lindsay and Hanna Brown; a singles from Syndi Solliday, Tristyn Cook and Shelby Ullrich; a double from Deazia Nickerson and triple from Belle Wolfenden.
Northview 15 Freeport 0
Tori Herrington pitched a 15-0 shutout over Freeport, facing 18 batters, striking out 8 and only gave up 2 hits in a 5 inning run rule. Northview scored 3 runs in the top of the 2nd, 9 runs in the top of the 3rd and added 3 more in the top of the 5th. Kendall Enfinger led off the 3rd with a double followed by Tori Herrington with a HARD line drive single and Aubree Love drove them in with a 3 run HR to right center field.
Hitting for the Lady Chiefs were
Jamia Newton 2-4 with a run and a stolen base
Kendall Enfinger 2-3 with 2 runs,double, single and an RBI
Tori Herrington 3-4 with 2 runs, double, 2 singles and 2 RBI’s
Aubree Love 2-3 with 2 runs, HR, single, walk and 3 RBI’s
Peighton Dortch 2-3 with 2 runs, double, single and a walk
Teriana Redmon 0-3 with 2 runs and a walk
Lydia Smith 0-4 with 2 runs and an RBI
Valen 2-4 with 1 run, 2 singles and 2 RBI’s
Alana Brown 2-3 with a run, 2 singles, walk and 3 RBI’s
Mallory Merchant 0-1.
West Florida 15, Pine Forest 2
Lauren Carnley homered for the West Florida Jaguars Thursday as they defeated Pine Forest 15-2.
Appeals Court Rules Against State In ‘Docs Vs. Glocks’ Case
February 17, 2017
Siding with a coalition of individual doctors and medical groups, a federal appeals court ruled Thursday that major portions of a controversial Florida law restricting physicians and other health-care providers from asking patients about guns is unconstitutional.
The statute, dubbed the “docs vs. glocks” law, included a series of restrictions on doctors and health providers. For example, it sought to prevent physicians from entering information about gun ownership into medical records if the physicians know the information is not “relevant” to patients’ medical care or safety or to the safety of other people.
Also, the 2011 law said doctors should refrain from asking about gun ownership by patients or family members unless the doctors believe in “good faith” that the information is relevant to medical care or safety. And the law sought to prevent doctors from discriminating against patients or “harassing” them because of owning firearms.
The plaintiffs in the case, including individual doctors, argued that the restrictions were a violation of their First Amendment rights. A federal district judge agreed with them and blocked the law from going into effect. A three-judge panel of the 11th U.S. Circuit Court of Appeals upheld the constitutionality of the law in three separate rulings, but the ban keeping the law from going into effect remained in place.
Thursday’s 90-page decision — comprised of two majority opinions authored by different judges, as well as a dissent — came from the full appellate court after the plaintiffs requested what is known as an “en banc” review.
The court found that the record-keeping, inquiry and anti-harassment provisions of the law are unconstitutional, but upheld the portion of the law that bars doctors from discriminating against patients who have guns.
“Florida may generally believe that doctors and medical professionals should not ask about, nor express views hostile to, firearm ownership, but it ‘may not burden the speech of others in order to tilt public debate in a preferred direction,’ ” Judge Adalberto Jordan wrote in one of the majority opinions.
Lawyers for the state argued that the law did not violate the First Amendment.
“The act’s goals are not only substantiated; they are compelling,” the state argued in one brief. “The act shields patients who own firearms from purposely irrelevant record-keeping, questioning, discrimination, and harassment, and thereby furthers the state’s compelling interest in protecting citizens’ fundamental right to keep and bear arms for defense of self and state.”
But Jordan noted that lawmakers relied on six anecdotes as the basis for the “Firearms Owners’ Privacy Act,” or FOPA, and that the court’s analysis focused on the First Amendment, not gun rights.
“The first problem is that there was no evidence whatsoever before the Florida Legislature that any doctors or medical professionals have taken away patients’ firearms or otherwise infringed on patients’ Second Amendment rights. This evidentiary void is not surprising because doctors and medical professionals, as private actors, do not have any authority (legal or otherwise) to restrict the ownership or possession of firearms by patients (or by anyone else for that matter),” Jordan wrote.
The court also rejected the state’s argument that the restrictions in the law were minor.
“Saying that restrictions on writing and speaking are merely incidental to speech is like saying that limitations on walking and running are merely incidental to ambulation,” Jordan wrote.
And Jordan pointed out that patients are free to refuse to answer questions about guns or firearms if they want to.
“There is nothing in the record suggesting that patients who are bothered or offended by such questions are psychologically unable to choose another medical provider, just as they are permitted to do if their doctor asks too many questions about private matters like sexual activity, alcohol consumption, or drug use,” he wrote.
The “anti-harassment” provision in the law “forces doctors to choose between adequately performing their professional obligation to counsel patients on health and safety on the one hand and the threat of serious civil sanctions on the other,” Judge Stanley Marcus wrote in the other majority opinion.
But in a dissent, Judge Gerald Tjoflat argued that the state law was narrowly drawn and is an “attempt to regulate a very specific part of the relationship” between a health care provider and a patient.
“It does not prevent medical professionals from speaking publicly about firearms, nor does it prevent medical professionals from speaking privately to patients about firearms so long as the physician determined in good faith the relevancy of such discussion to the patient’s medical care, safety, or the safety of others,” he wrote. “The act does not categorically restrict the speech of medical professionals on the subject of firearms. Instead, it simply requires an individualized, good faith judgment of the necessity of speech related to firearm ownership to provide competent medical care to a patient.”
Gov. Rick Scott’s office is reviewing the decision, an aide said Thursday evening.
House Minority Leader Janet Cruz hailed the ruling.
“From the beginning, this was nothing more than a solution in search of a problem. Unfortunately, that’s an all-too-common occurrence among Republicans in Tallahassee who write legislation that’s intended to appeal to their base rather than the best interests of all Floridians,” Cruz, D-Tampa, said in a statement.
by Dara Kam, The News Service of Florida
Holman Prison Canteen Manager Busted On Drug Charges
February 17, 2017
An employee at the Holman Correctional Facility in Atmore has been arrested for attempting to smuggle illegal contraband into the prison.
During a patrol of the facility’s parking lot, a dog assigned to the ADOC K-9 Drug Unit alerted on a vehicle owned by Curtis Andrews, 64, of Mobile.
After investigators with the Alabama Department of Corrections detained Andrews, they reported finding concealed in his clothing several packages wrapped in tape containing 179 grams of synthetic marijuana and methamphetamine.
Andrews was charged with unlawful possession of a controlled substance, promoting prison contraband, and trafficking. Andrews, who managed the facility’s canteen, resigned after his arrest and was taken to the Escambia County Jail.
Andrews had been employed by the ADOC since 1990.
NHS Lifters Place In Recent Meet
February 17, 2017
The follow are Northview High School results from a recent weightlifting meet:
Greg Pressley, 2nd place, 119-pound class
Dalton Hadley, 3rd place, 129-pound class
MJ Jones, 1st place, 139-pound class
Ohijie Elliott, 1st place, 154-pound class
Colten Dockens, 2nd place, 154-pound class
Chase Olsen, 1st place, 169-pound class
Keaton Solmonson, 2nd place, 169-pound class
Tim Bush, 2nd place, 183-pound class
Ray Bush, 3rd place, 183-pound class
Jacob Hawkins, 3rd place, 199-pound class
Tyler Kite, 3rd place, 219-pound class
Justin Helton, 2nd place, Heavyweight class
File photo.
Century Celebrates Tornado Recovery With Trees
February 16, 2017
A small crowd gathered Wednesday afternoon to celebrate Century’s recovery efforts following an EF-3 tornado one year ago.
The storm tore through the town with winds of up to 152 mph, damaging or destroying over 100 homes and businesses on February 15, 2016.
Mayor Henry Hawkins joined recovery workers and the Florida Forest Service in planting trees at the Century Community Center on West Highway 4, and about 200 trees were available to the public for Arbor Day. Hawkins also issued an official proclamation celebrating the tornado recovery and Arbor day.
“Trees,” Hawkins said in the proclamation, “are a source of joy and spiritual renewal.”
Photos by Jared Sigler for NorthEscambia.com, click to enlarge.
Cantonment Man, Four Others Arrested In Armed Burglary
February 16, 2017
Five people – including a Cantonment man – have been arrested on various charges after they were involved in an armed burglary incident on Sunday.
Arrested were:
- Terry Jackson, 34, of the 1000 block of McKenzie Road, Cantonment. Charged with two counts of burglary, one count of fleeing and eluding, and one count of criminal mischief.
- Joshua Miller, 30, address unavailable. Charged with two counts of burglary and one count possession of a weapon by a convicted felon. Miller also has an outstanding warrant from Manatee County for armed bank robbery.
- Joseph McElroy, 35, of the 200 block of Airport Boulevard, Pensacola. Charged with armed burglary, possession of a weapon by a convicted felon and criminal mischief.
- Tina McDaniel, 35, of the 200 block of North Pinewood, Pensacola. Charged with two counts of burglary and one count of criminal mischief.
- Amanda Combs, 29, of the 3000 block of Muldoon Road, Pensacola. Charged with two counts of burglary and one count of criminal mischief.
Detective Matt Mercado said officers were dispatched to an armed burglary call at a residence in the 700 block of West Government Street around 10 a.m. Sunday (Feb. 12). Mercado said Combs, McDaniel, Jackson, McElroy, and Miller had gone to the residence, cut through a fence and then broke a lock and latch off a storage trailer on the property. Mercado said the property owner – Warren Williams, 49 – had asked Combs and McDaniel several times to remove their personal belongings from the trailer, but they hadn’t and arrived unannounced on Sunday.
Williams called police during the burglary, and before officers arrived, McElroy also pulled the power meter from the house. Williams went outside to confront the suspects and when he did, Mercado said McElroy pointed a handgun at him and threatened to shoot him. McElroy then entered the trailer with Combs and McDaniel and discharged the firearm inside the trailer while Williams was trying to keep the door shut until police arrived.
As an officer arrived, Jackson and Miller got into a truck and fled the scene and McElroy exited the trailer and fled on foot. Officers pursued the truck but discontinued the pursuit after a short time.
Jackson was taken into custody around 5 p.m. Sunday at a home in the 200 block of Airport Boulevard.
Detectives and PPD SWAT members returned to the residence on Tuesday to execute a search warrant for McElroy and Miller. Mercado said SWAT officers were involved because officers had received information that McElroy and Miller had threatened to shoot officers if they tried to take them into custody. Both suspects were taken into custody at the house without incident.
On Tuesday, detectives seized a .32 caliber handgun fired in the burglary incident on Sunday and also some methamphetamine from the house. The investigation is continuing.
Death Penalty Fix On The Fast Track
February 16, 2017
A proposal that would require unanimous jury recommendations for death sentences to be imposed sailed through its first House vetting Wednesday, receiving unanimous approval from the House Criminal Justice Subcommittee.
The legislation (HB 527), and a similar Senate measure (SB 280), is the latest attempt to get the state’s death penalty — on hold for more than a year — back on track in the wake of a series of court rulings.
The issues began with a U.S. Supreme Court decision in January 2016 finding that the state’s capital sentencing system was unconstitutional because it gave too much power to judges, instead of juries.
Lawmakers quickly passed a measure to address the court ruling, which did not address the issue of jury unanimity. The new law included a component that did away with simple majority recommendations for death to be imposed, and instead required at least 10 jurors to agree on death sentences.
But the Florida Supreme Court in October struck down the new law as an unconstitutional violation of the right to trial by jury and said unanimous recommendations are required.
Buddy Jacobs, a lobbyist who represents the Florida Prosecuting Attorneys Association, urged the Criminal Justice Subcommittee on Wednesday to quickly pass the new bill to fix the death penalty.
“We have 50 cases ready to be tried in Florida. Some are picking juries as we speak. This is a real crisis in the criminal justice system, and it’s a real crisis for the victim’s families of these terrible, terrible crimes,” he said.
But defense lawyers, who repeatedly cautioned lawmakers last year against approving a law that did not require unanimity, maintain that the state still has work to do to fix the death penalty statute.
Public defenders contend that the current law is not narrow enough to capture the “worst of the worst,” something that courts look for when evaluating death penalty laws. Florida, one of only two states that does not require unanimous jury recommendations for death, is an “outlier,” 10th Judicial Circuit Public Defender Rex Dimmig said Wednesday.
“Florida will continue to be an outlier after this bill is passed. If Florida is to continue to have a death penalty, comprehensive reform is needed,” he said.
But bill sponsor Chris Sprowls, R-Palm Harbor, said lawmakers have a duty to ensure that Floridians “have access to justice” in the form of the death penalty.
“The only way to ensure that is to have a constitutional statute, and that’s what we’re doing,” he said.
The House and Senate measures face their second committee hearings next week before heading to the floor for full votes. The annual legislative session starts March 7.
by Dara Kam, The News Service of Florida