Status Of Abortion Law In Doubt After Court Ruling
July 1, 2015
The day before a new Florida law would have begun requiring women to wait 24 hours before having an abortion, a Leon County judge placed the law on hold while a constitutional challenge goes forward. But the state quickly filed an appeal, a move that could prevent Francis’ ruling from taking effect.
Leon County Chief Circuit Judge Charles Francis issued a temporary injunction Tuesday that would have prevented the law (HB 633) from taking effect on Wednesday.
“Plaintiffs have shown a substantial likelihood of success on the merits, that irreparable harm will result if … (HB 633) is not enjoined, that they lack an adequate remedy at law, and that the relief requested will serve the public interest,” Francis wrote in the ruling.
But the appeal by Attorney General Pam Bondi triggered an automatic stay on Francis’ decision, which could allow the law to go into effect. The American Civil Liberties Union, which filed the initial case, immediately responded by asking for Francis to lift that stay.
“We filed our motion to lift the stay 10 minutes after the state appealed,” said ACLU attorney Renee Paradis, who argued the case before Francis last week.
The new law adds to the information that physicians performing abortions must provide to women to obtain their consent. Under the law, the information must be provided in person to women at least 24 hours before the procedures are performed — requiring women to make two trips to abortion clinics.
The Legislature approved the measure in April, and Gov. Rick Scott signed it into law in June — prompting the ACLU to file for the emergency injunction.
Now the ACLU will proceed with a constitutional challenge on behalf of Gainesville Woman Care LLC, which operates the Bread and Roses Women’s Health Center, and Medical Students for Choice, an advocacy group.
“The court’s decision was grounded in the Florida constitution’s right to privacy,” ACLU of Florida legal director Nancy Abudu said Tuesday. “We were very happy to be able to convince the court that there was no medical justification for this law.”
The ACLU contends that for women — especially low-income women who must arrange for child care, time off work and overnight travel — the law increases the threat to their privacy in seeking an abortion.
But the state contends that it has a vested interest in its residents’ well-being — the basis for the 24-hour wait that supporters say will give women more time to reflect on their decisions.
“The state wields the police power to protect the health and safety of the people,” Blaine Winship, special counsel to Attorney General Pam Bondi, told Francis during a June 24 hearing.
And in his ruling, Francis noted Winship’s argument that the state has a right to require physicians to obtain informed consent from women before performing abortions on them.
“The legislature’s right to require informed consent has been upheld as being grounded in the common law,” he wrote.
Opponents say that the law places additional barriers in the way of women seeking abortions, especially those who are victims of violence and those who are low-income or live in rural areas.
The law includes exceptions to the waiting period for victims of rape, incest, domestic violence and human trafficking, but they must produce police reports, restraining orders, medical records or other documentation in order to qualify.
Pam Olsen, executive director of the International House of Prayer, said she’ll continue her weekly prayer vigil outside the Florida Supreme Court.
“It’s a right law,” Olsen said. “It should go into effect. It should have gone into effect on July 1. I’m sorry that the judge ruled this way, but we will live to fight another day, and the judges are not always right in this nation, are they?”
by Margie Menzel, The News Service of Florida
Proposed Gambling Rules Released, Changes For Poarch Creek’s Gretna Facility
July 1, 2015
After almost two years in the works, state gambling regulators on Tuesday released the latest version of proposed pari-mutuel regulations governing everything from how much jockeys can weigh to the shape and size of horse tracks, including regulations that address changes at a Poarch Creek Indian facility..
But industry insiders predict that the rules face a challenge if they aren’t revised.
The Department of Business and Professional Regulation’s Division of Pari-mutuel Wagering, which oversees non-tribal gambling operations in the state, released the latest proposed rules on Tuesday. The agency held a variety of workshops on the issue since the first version of the rules was floated nearly two years ago.
Tuesday’s proposal closely mirrors the 2013 plan, but with changes that give some industry representatives pause.
Portions of the proposed regulation address a controversy about barrel racing at a Panhandle facility in Gretna operated by the Poarch Creek Indians of Atmore. State regulators initially granted a pari-mutuel license for the rodeo-style horse races — the first in the country — four years ago, but an appeals court later ruled that the license was granted in error.
Unlike a previous iteration of the rule, tracks would not have to be in an oval shape, something that would benefit the Gadsden County facility, where horses now run against each other in a straight line.
But, under the proposed rules, horse tracks would have to be a certain length, have “breakaway” rails, and require starting gates for horses. That would put an end to the “flag drop” races at tracks like Gretna Racing.
“This stuff is thrown out there as an economic barrier to keep the new tracks out,” said David Romanik, a lawyer who is also part owner of the Gretna track.
Romanik predicted that it would cost $4 million to modify the Gretna track to meet the requirements in the proposed rule, meaning that the Legislature would have to authorize the regulations. Under state law, rules that result in a cumulative cost of $200,000 or more to an industry in one year, or $1 million over five years, require the blessing of legislators.
Romanik and lawyers representing other tracks predicted that the rule, if not altered, will likely be challenged. Gretna Racing is also in the midst of a legal battle over slots. The 1st District Court of Appeal, in another decision related to the facility, recently ruled that gambling regulators erred in denying the facility a slots license. The state is asking that the full court rehear the case in what is called an “en banc” hearing.
Regulators, who have scheduled a July 20 hearing in Tallahassee on the proposed rule, did not explain what prompted the latest plan.
“The proposed rules are the result of a one and a half yearlong process with three workshops and several meetings to listen to what stakeholders all over the state have to say about the industry and the importance of public understanding, certain levels of clarity and uniform standards,” DBPR spokesman Jaime Florez said in an email.
The proposed rule also would shrink the maximum number of daily racing performances — each made up of eight races — from three to two, something that could also prompt a challenge. Tracks and jai alai frontons must run a certain number of performances in order to operate more lucrative card rooms.
Some tracks schedule multiple performances on the weekends, when attendance is higher. Reducing the maximum number of daily races would force tracks to run dogs or horses during the week and could increase their operational costs.
“My clients are genuinely concerned about a number of issues in these rules,” said John Lockwood, a lawyer who represents several Florida pari-mutuels.
And horse breeders and owners, who vehemently opposed the barrel-racing and flag-drop activities at Gretna and other tracks, also view the proposed rules with skepticism.
Bill White, president of the Florida Horsemen’s Benevolent and Protective Association, which represents thoroughbred owners and trainers, said his organization is scrutinizing the proposal.
“We clearly have some concerns with what we’ve initially evaluated,” White said.
by Dara Kam, The News Service of Florida with contributions from NorthEscambia.com
Northview Graduate Bryan Receives Correctional Peace Officers Scholarship
July 1, 2015
Northview High School graduate Megan Bryan has received a scholarship from the Correctional Peace Officers Foundation. Bryan, who plans to attend Jefferson David Community College, was presented the scholarship Tuesday at Century Correctional Institution. On hand for the presentation were CPOF John Williams, mother Carrie Bryan, Megan Bryan, Warden Doug Sloan and CPOF Representative Gerard Van Der Ham. Submitted photo for NorthEscambia.com, click to enlarge.
ECAT Introduces New Tech Features
July 1, 2015
ECAT is offering two new tech features to improve customer service.
There’s now free wi-fi service on all ECAT buses, and there is a new website feature that offers a “where’s my bus” feature.
Users can use the map to see the real-time location of buses and find out how many minutes until the bus is due to arrive at any scheduled stop. To see the map, visit goecat.com or use a smartphone to scan the QR code on select bus stop signs.
Pictured top: A screenshot showing bus routes and the exact position of two buses on new ECAT “where’s my bus” map.
Economic Development Group Launches FloridaWest
July 1, 2015
The area’s newest economic development agency was announced Tuesday night.
The new organization, dubbed FloridaWest, announced its new name and provided a broad outline of its strategy for “building, growing, and sustaining the economic potential and prosperity of Northwest Florida.”
Former Gulf Power executive John Hutchinson, president of the FloridaWest board, said that Florida West was a product of a broader reorganization of economic development efforts in the area.
“In the past, the economic development department was part of the Greater Pensacola Chamber of Commerce. Late last year we moved the economic development staff out of the chamber and set up a separate organization, focused solely on economic development. Tonight we launch that new organization’s name, focus, and plans to build our economy even stronger,” said Hutchinson.
The unveiling ceremony launched the organization’s new name, logo, and strategic focus. According to the FloridaWest brochure, there are four key components to the organization’s efforts:
- Wealth Development – building individual, corporate, and community wealth that contribute to greater quality of life in the area
- Economic Partnerships – linking policy makers, educational institutions, private sector leaders, entrepreneurs and investors to maximize the economic potential of northwest Florida.
- Sustainable Growth - ensuring the longevity and prosperity of our existing business partners, clients, and the community.
- Transformed Workforce – working with local education partners to build and train a workforce that attracts new businesses and supports existing businesses.
Scott Luth, chief executive officer of FloridaWest, said that the new organization’s name and brand are a natural extension of its mission and the community it serves.
“When we were working on names for the organization, we wanted to incorporate some of the great aspects of our community. First, we are the westernmost part of Florida. As the late Mayor Whibbs used to say, we are the ‘Western Gate to the Sunshine State.’ We also believe that the concept of ‘the west’ has always been one that inspired exploration and opportunity,” said Luth.
“So, we decided that FloridaWest would mark us geographically, but also mark us culturally and send a message that this is a great place to do business,” Luth continued.
In the future, organizers said that FloridaWest would continue aggressively seeking new businesses to move to the area, while supporting policies and partnerships that build workforce skills and economic opportunity for the entire community.
Key sectors of the group’s focus include: financial and professional services; information technology and business outsourcing; offshore vessel service and support; aviation manufacturing and repair; cybersecurity and manufacturing.
Cantonment Man Gets 10 Years In Prison On Multiple Animal Cruelty Charges
June 30, 2015
A Cantonment man convicted on multiple animal cruelty charges was sentenced Monday to 10 years in state prison.
Randolph Hewell Rigby, 45, was found guilty June 3 of two counts of felony cruelty to animals and two counts of unlawful confinement of animals. The charges involved four different horses.
The investigation by Escambia County Animal Control officers began in response to an anonymous call about a downed horse at 452 Crowndale Court. Upon arrival, animal control officers found a deceased horse entangled in a fence.
Further inspection of the property revealed multiple emaciated and malnourished horses. The horses were kept in an enclosure with no grass and lacked fresh food and water. Over the next two months, several follow up inspections were conducted; little to no improvement in the condition of the property or care of the horses was observed. Ultimately, all livestock was removed from the property and five individuals were arrested as a result of the investigation.
George Edward Kenneth Ahl, 24, Casey Tyler Ahl, 20, and Frances Rebecca Ahl, 73, pleaded prior to trial. Each was sentenced to a year on probation and prohibited from possessing animals. Suspect George Washington Ahl, 76, died before his case was heard. Only Rigby chose to go to trial.
A 17-page document released by the State Attorney’s office detailed the investigation and provided numerous graphic examples of abuse investigators said they found.
Officers reported finding one horse that was dead and apparently stuck in a fence. Several horses were so malnourished that their bones were protruding, while other had hair loss and marks consistent with a condition called rain rot fungus. Many of the animals had numerous sores and wounds, according to the report. Most were malnourished, and one horse had resorted to eating feces. There was little food available for the animals.
Animal Control also located eight poodles, a doberman and five cats on the property.
One of the malnourished horses, a black Tennessee Walker named Ebony, was taken to Panhandle Equine Rescue for rehabilitation. When officers found Ebony on the property, her bones were showing, her stomach was distended and distended, and she suffered from rain rot.
Over the next several weeks, PER and volunteers worked to save Ebony. She was the subject of several NorthEscambia.com articles as PER and volunteers kept watch over her and raised funds for a sling to help her to her feet. Now, she’s back up on her own and doing well.
Pictured above: Escambia County Animal Control, the Escambia County Sheriff’s Office, Escambia County Fire Rescue’s Cantonment Station and volunteers use a makeshift sling to lift Ebony, a horse seized from Crowndale Court in Cantonment. Pictured below: Ebony, was unable to get on her feet in her stall about a week after she was seized. NorthEscambia.com file photos, click to enlarge.
Florida Forest Service Sends Crews To Battle Wildfire In California
June 30, 2015
Florida has sent 40 land firefighters to assist with wildfire suppression efforts in California.
“Florida Forest Service wildland firefighters are a key component and valuable asset among the national firefighting community. We are committed to protecting lives, homes and natural resources from the devastating effects of wildfire both at home and abroad,” said Florida Commissioner of Agriculture Adam Putnam.
Two initial-attack hand crews, consisting of 35 Florida Forest Service wildland firefighters and five firefighters from partnering agencies, traveled to California, where they will receive assignment to the highest priority wildfire. Hand crews assist with front-line firefighting and mop-up operations using hand tools such as shovels, axes and rakes to manually create a fire break or fire line around the wildfire perimeter.
“This type of work can be exhausting and hazardous due to California’s extreme terrain and intense flames. By assisting other states, our wildland firefighters will build upon their first-class training and experience to become an even stronger firefighting organization for the citizens of Florida,” said Jim Karels, State Forester.
Domestic Dispute Ends In Shooting, Suicide Near Flomaton
June 30, 2015
A family dispute turned violent Monday night just outside Flomaton, ending with a shooting and an apparent suicide, the Escambia County (AL) Sheriff’s Office said.
Deputies received a 911 call Monday evening that someone had been shot on Old Atmore Road near Tom Shivers Road, just north of the Alabama-Florida line. Deputies arrived to find an unidentified 41-year old male suffering a gun shot wound to his shoulder, according to Escambia County (AL) Chief Deputy Mike Lambert. Deputies also learned that the alleged suspect was in the backyard of the home.
“As deputies approach the suspect, they heard a gunshot,” Lambert said. “They found the alleged suspect suffering from an apparent self-inflicted gunshot wound.” A LifeFlight medical helicopter was dispatched. but deputies said the alleged shooter died from the apparent self-inflict gunshot wound before transport.
The shooter and apparent suicide victim was identified as 66-year old Curtis Golden of Old Atmore Road. Lambert said Golden had an ongoing domestic dispute with his wife; the couple was scheduled to appear in court Tuesday in Brewton.
The chief deputy said Golden reportedly fired from the backyard into the home in an attempt to strike his wife, but instead he struck his stepson in the shoulder. The stepson was transported to a Pensacola hospital.
Lambert said alcohol may have been a factor in the incident.
NorthEscambia.com file photo.
Escambia Man Gets Federal Prison For Child Porn
June 30, 2015
An Escambia County man was sentenced to prison Monday on child porn charges.
Thomas Victor Sway, 25, was sentenced to eight years in federal prison for receipt of child pornography.
At trial, the government presented evidence that, between November 2012 and May 2013, Sway received and possessed child pornography, including videos depicting images of minors less than years of age engaged in sex acts. Undercover law enforcement officers discovered and downloaded the pornographic files from a public file sharing network that could be traced to Sway’s computer. After agents executed a search warrant at Sway’s residence, a forensic analysis of his hard drive revealed at least 140 video files containing images of child pornography. Additionally, the system file history indicated a pattern of Sway using dozens of distinct search terms to locate child pornography on the internet. Sway was convicted on April 15, 2015.
The case was investigated by the U.S. Immigration and Customs Enforcement Homeland Security Investigations, the Pensacola Police Department, and the other agencies that are part of the Northwest Florida Internet Crimes Against Children Task Force, whose joint investigation led to the charges in this case. It was prosecuted by Assistant United States Attorney J. Ryan Love.
“This sentence is just one example of the hard work of our district’s prosecutors and law enforcement professionals to combat child exploitation crimes,” said U.S. Attorney Marsh. “These cases illustrate how dangerous the internet can be, and we will continue to investigate and charge those who target children.”
“Protecting children is a top priority for HSI, and we will continue to work in partnership with other agencies, like the Pensacola Police Department and the Northwest Florida Internet Crimes Against Children Task Force, to stop the exploitation of our children,” said Susan L. McCormick, special agent in charge of HSI Tampa. “It is imperative for law enforcement to protect those who cannot protect themselves.”
Supreme Court Signs Off On Lethal Injection Protocol
June 30, 2015
.A sharply-divided U.S. Supreme Court on Monday rejected a challenge to the lethal-injection protocol used in Oklahoma and other states, opening the door for executions to resume in Florida.
In the 5-4 majority opinion issued Monday, Justice Samuel Alito wrote that Oklahoma prisoners failed to prove that the use of the drug midazolam, the first of the three-drug lethal cocktail used also used in Florida, “entails a substantial risk of severe pain.”
The petitioners also failed to offer an alternative execution method that would be less painful, Alito wrote.
The Florida Supreme Court in February halted the execution of convicted killer Jerry William Correll, saying it “must err on the side of extreme caution,” until the high court ruled on the issue. The lethal-injection protocol used in Oklahoma is nearly identical to Florida’s.
Attorney General Pam Bondi quickly filed a request with the Florida court on Monday, asking that the justices lift the stay on Correll’s execution.
“Today’s decision by the U.S. Supreme Court, which cites Florida’s brief multiple times, states that the use of midazolam in our lethal injection protocol is constitutional, reaffirming that the state has been correctly administering executions,” Bondi said in a statement.
An aide to Gov. Rick Scott, who signed more death warrants in his first four years as governor than any of his predecessors, said his office “respects the court’s decision and will continue to follow the law.”
Scott’s “foremost concern is for the victims of these heinous crimes and their families,” his spokesman John Tupps said.
Lawyers for Oklahoma prisoners in the Glossip v. Gross case had argued that midazolam hydrochloride does not effectively sedate inmates during the execution process and subjects them to pain that violates the U.S. Constitution’s Eighth Amendment ban on cruel and unusual punishment.
Florida and other states began using the sedative as the first step in a three-drug execution cocktail in 2013, after previously using a drug called pentobarbital sodium. The states switched because Danish-based manufacturer Lundbeck refused to sell pentobarbital sodium directly to corrections agencies for use in executions and ordered its distributors to also stop supplying the drug for lethal-injection purposes.
“…Because some risk of pain is inherent in any method of execution, we have held that the Constitution does not require the avoidance of all risk of pain. After all, while most humans wish to die a painless death, many do not have that good fortune. Holding that the Eighth Amendment demands the elimination of essentially all risk of pain would effectively outlaw the death penalty altogether,” wrote Alito, in an opinion joined by Chief Justice John Roberts and Justices Clarence Thomas, Anthony Kennedy and Antonin Scalia.
But, in a harshly-worded dissent, Justice Sonia Sotomayor argued that it is essential that the first drug effectively render inmates unconscious because the following two drugs “in a tortuous manner” cause “burning, searing pain.”
Allowing the use of midazolam, Sotomayor wrote, leaves inmates “exposed to what may well be the chemical equivalent of being burned at the stake.” Justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan joined Sotomayor’s dissent.
In a separate dissent Breyer went even farther, questioning the constitutionality of the death penalty altogether.
“Today’s administration of the death penalty involves three fundamental constitutional defects: (1) serious unreliability, (2) arbitrariness in application, and (3) unconscionably long delays that undermine the death penalty’s penological purpose,” Breyer wrote.
And he blasted the majority for upholding the current lethal-injection protocol in part because prisoners failed to provide a less painful option.
“…Under the Court’s new rule, it would not matter whether the State intended to use midazolam, or instead to have petitioners drawn and quartered, slowly tortured to death, or actually burned at the stake: because petitioners failed to prove the availability of sodium thiopental or pentobarbital, the State could execute them using whatever means it designated,” Breyer wrote in an opinion joined by Ginsburg.
Despite Bondi’s almost immediate attempt to get executions back on track in Florida, one lawyer with a long history of representing Death Row inmates was heartened by Monday’s ruling.
“It’s merely a failure of proof, not a statement that midazolam is OK. They’re saying that the petitioners didn’t present enough proof, which I think is an important distinction,” said Martin McClain, a lawyer representing at least 10 prisoners condemned to death. “It means that the issue isn’t dead. Other people can raise the issue and present additional evidence.”
McClain also said that Breyer’s dissent, coupled with a recent opinion in a separate death-penalty case, lays the groundwork for a broader challenge regarding the constitutionality of the death penalty.
“I’m going to get busy and figure out what to do,” he said.