Federal Appeals Court Rules Pensacola Bayview Cross Can Remain
February 19, 2020
The 11th U.S. Circuit Court of Appeals ruled Wednesday that the cross at Pensacola’s Bayview Park does not violate the Establishment Clause of the Constitution and it can remain due to its historic status.
In Kondrat’yev v. City of Pensacola, a federal appeals court previously found that the cross must come down, with two of the three judges saying that the outcome was “wrong” but that their “hands were tied” because of the notorious Lemon test. The U.S. Supreme Court in June 2019 instructed the lower appeals court to reconsider its ruling in light of the Supreme Court’s recent decision upholding another cross monument in Bladensburg, Maryland.
In the Pensacola case, the appeals court on Wednesday found “the cross does not offend the Constitution.”
“Pensacola is a historic city with a rich and diverse history. The Bayview Cross is an important part of that history as a symbol of our community’s coming together during a national crisis,” Pensacola Mayor Grover Robinson said. “Today the citizens of Pensacola will celebrate our long-awaited victory and the preservation of the Bayview Cross.”
The cross was in place, in one form or another, for 75 years without incident before the suit to have it removed was filed. The court found that there is no evidence the City of Pensacola has ever made the space around the cross available to the public on anything other than a neutral basis.
“The surest proof of that fact: Just two months before the filing of this lawsuit, the City granted plaintiff David Suhor’s request to reserve the cross for his own ’satanic purposes,’ which required a church that had already reserved it to move to another area of the park,” the ruling states.
The plaintiffs, four individuals represented by American Humanist Association, can still appeal the decision.
History of the Bayview Cross
In 1941, the National youth Administration erected a wooden cross in in the eastern corner of the park for an annual Easter sunrise program organize by the Pensacola Jaycees. It became a tradition, with people gathering for Easter services during World War II to pray, among other things, for “the divine guidance of our leaders” and for faith to “see through the . . . dark days of war”, according to court documents.
The services continued following the war, and in 1949 the Jaycees built a small stage—or “bandstand”—immediately in front of the cross to serve as a “permanent home” for the annual program In 1969, the Jaycees replaced the original wooden cross with the 34-foot concrete version at issue in this case. The new cross was dedicated at the 29th annual Easter sunrise service. The Jaycees later donated the cross to the city, which continues to light and maintain it at a current cost of around $233 per year.
Although the cross is only one of more than 170 monuments scattered throughout Pensacola’s parks, it is one of only two—and the only religious display—located in Bayview Park. Over the years, the cross has continued to serve as the location for an annual Easter program, but it has also been used for other purposes, including as a site for remembrance services on Veterans and Memorial Days, at which attendees place flowers near it in honor of loved ones overseas and in memory of those who have died fighting in service of the country.
Man Found Shot; Investigation To Determine If It Was Stand Your Ground
February 19, 2020
An investigation is underway to determine if a shooting death Tuesday night in Escambia County was a stand your ground case.
Jeffrey Sherbrook, 47, was shot by his ex-wife near the front door of her home on Mossy Creek Road near Eight Mile Creek Road about 9:30 p.m. The Escambia County Sheriff’s Office arrived to find the Sherbrook dead from an apparent gunshot wound.
The Sheriff’s Office and the State Attorney’s Office are working to determine if charges should be filed or if it was a stand your ground situation.
There have been no arrests in the case.
NorthEscambia.com file photo.
Gov. DeSantis Announces $4.8 Million Grant To Complete ST Engineering Expansion Funding
February 19, 2020
Wednesday morning, Gov. Ron DeSantis announced $4.8 million for infrastructure upgrades at the Pensacola airport, completing the funding needed for a ST Engineering expansion that will being over 1,300 local jobs.
“My office is going to be awarding the City of Pensacola really the final piece of the puzzle for this next phase of $4.8 million through my Florida Job Growth Job Fund for infrastructure enhancements at the Pensacola International Airport,” DeSantis said during a press conference at the airport. The money will build the necessary taxiways, ramps and other infrastructure that will support additional maintenance, repair and overhaul (MRO) facilities and other development.
That will “allow the airport to support ST Engineering’s plans to build one of the biggest MRO operations in North America,” DeSantis Said. ST Engineering’s plans will bring three new MRO hangers to the airport and create over 1,300 new jobs.
The completed facility will include four MRO hangers, warehouses and office buildings.
“I think that this is really going to help drive not only in Escambia, but really throughout the region,” DeSantis said.
Other funding pledged for the project includes $15 million each from Escambia County and the City of Pensacola, $66 million from Triumph Gulf Coast and $20 million from the Florida Department of Transportation.
Pictured: Gov. Ron DeSantis announced $4.8 million in airport funding Wednesday at the Pensacola International Airport. Photos for NorthEscambia.com, click to enlarge.
Walnut Hill Man Charged With Battering His Adult Son In Front Of Deputies
February 19, 2020
A Walnut Hill man is facing charges after allegedly battering his adult son in the presence of deputies and resisting arrest.
Jonathan Paul Kite, 46, was charged with battery domestic violence and resisting an officer..
The Escambia County Sheriff’s Office responded to a reported disturbance in the 700 block of North Highway 99. Two of Kite’s adult children said the incident began when one of them refused to allow him to borrow their car.
As deputies talked to the children and Kite, he “aggressively charged” at his adult son, grabbed him around the neck and shoved him, according to an ECSO arrest report. Deputies attempted to subdue Kite and advised him that he was under arrest, but he began to pull away. A deputy was forced to deliver three “empty handed strikes” to Kite’s ribs and back, the report states, before he was placed in handcuffs.
When Kite was searched subsequent to his arrest, deputies reported finding a small plastic bag containing methamphetamine on his person. However, a possession of methamphetamine charge was dropped days after his arrest due to a no probable cause determination, according to court records.
The Department of Children and Families was contacted because an eight-year old child was present during the altercation.
Kite was released from the Escambia County Jail on a $2,000 bond.
Updated to indicate a possession of methamphetamine charge was later dropped.
Century Approves Multiple Wastewater Improvement Projects
February 19, 2020
The Century Town Council has approved multiple items to improve their troubled wastewater system. The council voted to:
- apply for a USDA loan or grant to cover one phase of wastewater improvements. The application documents will be filed through the nonprofit Southeast Rural Community Assistance Project at no cost to the town.
- use $50,000 in funding from Escambia County to help fund $58,411 in engineering costs for wastewater improvement projects. The town will pick up the $8,411 difference.
- take part in a four-day pilot study of piece of equipment called a “screw press” used for removing water from biosolids at the WWTP. The cost to take part in the pilot study is $5,000.
- pay Pensacola Concrete Construction $2,250 to clean and inspect sewage lift stations at the Industrial Park and near Pilgrim Lodge Church on Jefferson Avenue. The inspection will aim to verify that concrete walls in are good condition and provide an engineer with additional information to retrofit the lift stations with submersible pumps.
- install supplemental alarm systems on sewage lift stations at the Industrial Park, Pilgrim Lodge and the prison. Trouble alarms will be sent directly to an employee. The total cost is $3,102. Beginningn year two, the system will cost $432 per year for wireless monitoring for all three locations.
Tate High AJROTC Lends A Helping Hand At Lipscomb Elementary
February 19, 2020
Cadets from AJROTC program volunteered and assisted teachers during a recent planning day at Lipscomb Elementary School. The cadets hung artwork in the hallways for an upcoming art show and helped teachers with various tasks in their classrooms. Tate AJROTC will also partner with Lipscomb at their upcoming Art Night and Mathnaseum to support and benefit the school’s community. Photos for North Escambia.com , click to enlarge.
Tate High Tennis Opens Season With Win Over Escambia
February 19, 2020
Tate High boys and girls tennis kicked off their 2020 season with a 7-0 win Tuesday at Escambia High School.
Coach David Bonucchi said it was a good start for a long season ahead.
Their next match is at Pace High School on Thursday.
Photos for NorthEscambia.com, click to enlarge.
Northview Softball And Baseball Scores; Tate And Northview Games Rescheduled
February 19, 2020
Tuesday Results:
Baseball
Northview Chiefs Junior Varsity 10, Navarre 3
*Tate High JV vs. Pace was rained out and rescheduled for March 30, 5:30 p.m. at Tate.
Softball
Northview Chiefs JV 12, T.R. Miller 1
*Northview varsity softball was rained out and rescheduled for 4:30 p.m. Friday at Northview.
Deputies Respond To Dispute; See Cocaine And Pot In Man’s Vehicle, ECSO Says
February 19, 2020
Deputies responded to a reported dispute between a Cantonment man and his ex-girlfriend, and he went to jail because they spotted crack cocaine and marijuana in his vehicle, according to the Escambia County Sheriff’s Office.
Raymond Marcus Fountain, 29, was charged with possession of cocaine and possession of marijuana less than 20 grams.
Fountain exited his Kia parked in the ex-girlfriend’s driveway when deputies arrived, and deputies could smell a strong odor of marijuana, according to an arrest report. A deputy reported he could see a baggie of marijuana in plain view inside the car and a white rock-like substance on the drier’s door handle that field tested positive for cocaine.
Fountain was booked into the Escambia County Jail with bond set at $18,000.
Overturned Log Truck Blocks Highway 29 In McDavid For Hours
February 18, 2020
An overturned log truck closed southbound Highway 29 in McDavid for hours late Tuesday afternoon into the evening.
The driver of the log truck was apparently northbound on Highway 29 south of Bogia Road when he crossed median into the southbound lanes and then traveled back into the median, causing the truck to overturn. The truck came to rest in the median with the logs blocking the entire southbound side of the roadway.
The driver suffered minor injuries.
Southbound traffic was diverted into the northbound lanes as northbound was reduced to one lane. Traffic was stopped in both directions at times during the cleanup. In addition to righting the log truck and removing the logs, a second semi-truck had to be pulled from the median after it became stuck when the driver attempted to crossover and go around the initial crash.
Te southbound lanes of Highway 29 remained blocked into the evening.
The Florida Highway Patrol is investigating. The McDavid Station of Escambia Fire Rescue, Escambia County EMS and the Escambia County Sheriff’s Office also responded.
NorthEscambia.com photos, click to enlarge.
