Court Battle Begins Over Taxpayer Funds To Religious Groups
October 29, 2011
A proposed change to the state constitution making it easier for taxpayer funds to go to religious institutions does not adequately explain that fact to voters who will be asked to decide, an attorney for critics told a circuit judge.
Representing a coalition of public education and religious interests, attorney Ron Meyer told Second Circuit Judge Terry Lewis that a proposed constitutional amendment passed by lawmakers earlier this year is misleading because it disguises the true intent behind the amendment, which is scheduled for a vote in November 2012.
Thursday’s court hearing was the first in a lawsuit filed in July that is spearheaded by the Florida Education Association, other public school advocates and religious leaders throughout the state.
Opponents of the proposed amendment – called Amendment 7 – are primarily concerned that taxpayer dollars will be used to support scholarships, known as vouchers, for private school students.
The proposed amendment deletes a provision in the state constitution that says public funds cannot be used to aid religious institutions, a prohibition known as the “no-aid provision” The proposal then adds a sentence saying the state can’t deny funds to a person or entity based on religious identity or belief.
If approved, Meyer said the proposed amendment would require the state to direct public taxpayer dollars toward religious institutions, opening the door for expansions of programs such as private school vouchers and weakening the state’s historic separation of church and state.
None of this, Meyer argued, is disclosed to voters in the ballot summary.
“What they are doing is turning what has been the settled rule of religious freedom for the past 125 years on its head,” Meyer said. Later, he called it a “huge recalculation…of what the First Amendment provides.”
Florida law requires that a ballot title and summary adequately and accurately inform voters about the proposal’s real effect.
Along with an inaccurate summary, Meyer said the ballot title – “Religious Freedom” – was misleading to voters.
Attorneys for the state said the ballot summary and title are clear.
Daniel Nordby, the attorney for the Secretary of State, argued the intent of the constitutional change was “clearly and accurately explained in the ballot statement.”
Nordby said the summary discloses that the “no-aid” provision is being deleted and an “anti-discrimination” clause is being inserted. The intent of prohibiting the state from denying funds to a person or entity based on religious reasons was to remove a “constitutional cloud of uncertainty,” he said.
“It would allow religious-based institutions to participate in providing secular social services on even terms,” Nordby said.
There was also disagreement over whether the ballot summary explained that the proposal may violate the U.S. Constitution’s “free exercise” and “establishment” clauses that deal with the separation of church and state and protections of religious freedoms.
By requiring the state or other public entities to spend money on religious institutions, Meyer argued the proposal makes the state constitution inconsistent with the U.S. constitution.
But attorneys representing the state said language in the proposed amendment expressly prohibits the state from doing anything that would violate the U.S. Constitution.
The “no aid” provision in the state constitution prohibiting money from going to churches or religious groups is known as the “Blaine Amendment,” for James G. Blaine, a 19th Century congressman from Maine who lobbied unsuccessfully to get that restriction inserted into the U.S. Constitution.
After it failed, most of the states, including Florida, put similar provisions in their own state constitutions.
Thursday’s hearing also focused on a new law that allows the Attorney General to rewrite ballot summaries that are rejected by the courts for being misleading. Meyer argued that the Legislature has the responsibility of writing ballot summaries, not a member of the executive branch of government.
“It crosses the line and delegates a purely legislative function to an executive branch member and that can’t be tolerated,” Meyer said.
Scott Makar, the Florida solicitor general, said it doesn’t make sense that Meyer agrees the attorney general could write the ballot summary in the first place, and then rewrite it, but doesn’t permit the attorney general to step in after the Legislature. He called that argument “nonsensical.”
Lewis gave no indication when he would rule in the case after the hour-and-a-half hearing finished. Both sides are expected to appeal the case all the way to the Florida Supreme Court.
This is the third lawsuit the Florida Education Association has spearheaded since the legislative session ended in early May. They are also involved in a lawsuit over changes to public employee pensions and have sued over a new teacher merit pay law that ties teacher salaries to test scores.
By Lilly Rockwell
The News Service of Florida
Jefferson Davis Community College Names President
October 28, 2011
A new president has been named for Jefferson Davis Community College, which has campus locations in Atmore and Brewton.
Dr. Daniel Bain, former president of Independence Community College in Independence, Arkansas, was named to the position Thursday. Independence Community College has an average enrollment of 1,600.
Bain will be the permanent replacement for Dr. Susan McBride who retired in December 2010. JDCC’s dean of instruction, Kathleen Hall, has served has interim president.
Gulf Coast Congressmen Express Frustration Over BP Claims Process
October 28, 2011
Gulf Coast members of Congress expressed frustration Thursday at what some said were difficulties in getting rightful compensation from BP by people who were affected by last year’s Gulf oil spill.
In questioning Gulf Coast Claims Administrator Ken Feinberg, the House Natural Resources Committee urged him to be more aggressive in making sure those who lost money because of the spill last year.
“I’d have to say we’re frustrated, many of us feel frustrated in the whole process,” said Rep. Steven Palazzo, a Republican who represents the Gulf Coast area of Mississippi. “I’d also say we’re insulted.”
Members said they’re worried about the number of claims that aren’t being paid because of alleged fraud or lack of documentation.
“Is it not true that the burden you have placed on many of these individuals and businesses for additional info….that there has been a great inconsistency in the payment process,” asked Rep. Jo Bonner, R-Ala. Feinberg defended the work of the claims facility, which is paying compensation out of a $20 billion pot set aside by the British oil company.
“I point, with pride frankly, to the fact that overall there’s $6 billion that’s gone out in one year,” Feinberg said, adding that the claims facility is trying to make sure that all legitimate claims are paid.
The Deepwater Horizon oil rig exploded in April of last year, killing 11 and eventually spilling nearly five million barrels of oil into the Gulf. Feinberg also told the committee Thursday that he thinks the $20 billion BP has earmarked will be enough to pay all claims, but said “BP has made it clear that it it is not enough they will honor all claims.”
By The News Service of Florida
Ten Arrested In Alabama Drug Roundup, Eight More Still Wanted
October 28, 2011
Ten people were arrested during a multi-agency drug roundup in Brewton Thursday, and authorities are still searching for eight more suspects on outstanding warrants.
Over 40 law enforcement officers from two states participated in the roundup focusing on illegal drug activity. This was the second such undercover operation conducted by the Brewton Police Department in the last five months.
According to Brewton Police, the following people were arrested and charged:
- Kenneth McWilliams, 19, Titi Street Flomaton, distribution and possession of controlled substance
- Luther Kelley, 72, Karen Street Flomaton, criminal conspiracy to commit controlled substance crime
- Carol Winstead, 60, Old Castleberry Road Brewton, distribution and possession of controlled substance
- Ganie Spears, 45, Gowan Street Brewton, distribution and possession of controlled substance
- Mario Lovelace, 32, Dacus Street Brewton, distribution and possession of controlled substance, two counts each,
- Terrance Heath, 35, Conley Street Brewton, distribution and possession of controlled substance
- Robert Jones, 55, May Street Brewton, distribution and possession of controlled substance
- Emanuel Jackson, 36, East Jackson Street Brewton, distribution and possession of controlled substance
- Deparrish Campbell, 19, East Jackson Street Brewton, distribution and possession of controlled substance
- Ashante Smith, 29, Palmer Street Brewton, possession of controlled substance-cocaine
According to the Brewton Police Department, authorities are still searching for the following individuals on outstanding narcotics related warrants:
- Katherine Walker Mobley, 49
- Wendell White, 53
- Iviory Miles, 59
- Michelle Rabe, 40
- Eubie Kennedy, 27
- Sherry Flowers, 47
- Daymond Jones, 36
- Gentell Green, 24
Agencies assisting with the roundup Thursday were the Brewton Police Department, 22nd Judicial Drug Task Force, 21st Judicial Drug Task Force, Escambia County (Ala.) Sheriff’s Office, Alabama Pardon and Parole, and a Florida Department of Corrections K-9 Team from Century Correctional Institution.
Couple Accused Of Starving, Beating Children With Electrical Cords
October 28, 2011
Information from the Escambia County Sheriff’s Office has led the arrest of a couple in Georgia charged with beating their five children with electrical cords while depriving them of food and water for days.
Anthony Irvin, 33, and his wife, 33-year old Tammy Irvin, are charged with 10 counts of cruelty to children, five counts of contributing to the deprivation of a minor, four counts of battery/family violence and two counts of false imprisonment. The couple was booked into the Clayton County, Georgia, Jail.
The abuse allegedly occurred at the couple’s home in Hampton, Georgia, about 20 miles south of Atlanta, according to WSB TV in Atlanta.
The abuse was reported to the Escambia County Sheriff’s Office while the children were visiting relatives in Escambia County. According to the WSB TV, the children told relatives in Escambia County that they were locked in garage without food and water and not allowed to go to the bathroom. Some of the children also told authorities that they were locked in a closet for days after being beaten.
FHSAA Suspends Pace Player For Fight During Tate Game
October 28, 2011
A Pace High School football player has been suspended for six games for his involvement in a what was determined to be a fight last Friday night in a game against the Tate Aggies.
The Florida High School Athletic Association handed down the automatic suspension for senior defensive tackle Troy Gaoa for the incident at Tate’s Pete Gindl Stadium in Cantonment. Pace High is expected to appeal the ruling.
Two other area players received the automatic six game suspension earlier this year following an alleged altercation. Both Jay and Baker high schools appealed, and both suspensions were reduced.
Pictured above: Action from Tate and Pace last Friday night in Cantonment. NorthEscambia.com photo, click to enlarge.
In The Mail Monday: $250 Million In Escambia Tax Bills
October 28, 2011
Collection of the 2011 real estate and tangible personal property taxes will begin November 1, according to Janet Holley, Escambia County tax collector
This year’s tax rolls include 177,000 accounts totaling $250 million. Bills will be delivered to the post office on October 31 for mailing, and there will be a 4% discount for early payment is good through November 30..
Other discount periods are as follows: December‑‑3%; January‑‑2%; February‑‑1%; and the gross amount is due in March 2012. Taxes become delinquent April 1 and are assessed a 3% penalty. When mailed, discounts are determined by postmark of payment. When a discount period ends on a Saturday, Sunday, or legal holiday, the discount period will be extended to the next business day for walk‑in customers only.
Tax revenue is generated for the various taxing authorities and is approximated as follows: District School Board, $120 million; Escambia County Board of County Commissioners, $107.4 million; City of Pensacola, $15.2 million; Sheriff, $6.6 million; Northwest Florida Water Management, $566,000; Downtown Improvement Board, $358,000; and Town of Century, $27,000. Additionally, MSBU collections totaling $13.9 million include: County fire protection, $10.5 million; City Stormwater, $2.5 million; and various others, $910,000.
Residents can check the status of their taxes and pay on the website at www.escambiataxcollector.com. Online payments are available, along with other options including payment by mail, by phone, or in person. If a tax bill is not received by November 10, call the tax collector’s office at (850) 438‑6500, ext. 252.
Flomaton Beats Excel
October 28, 2011
The Flomaton Hurricanes defeated the Excel Panthers Thursday night, 42-7. With the non-region win, the Canes finished their regular season at 9-1.
Neiko Robinson returned an interception 77 yards for a touchdown, plus scored on runs on 5 and 26 yard for the No. 7 Hurricanes. Dustin Postlewait had 117 yards rushing for Flomaton, along with touchdown runs of 19 and 12 yards. Quarterback Ryheem Dixon was close behind with 109 yards on a dozen carries and a 15-yard touchdown pass to Hunter Bonds.
Excel (3-7) had less than 120 yards total offense for the night.
Flomaton is No. 2 in 2A Region 1, behind No. 1 Leroy. As playoffs begin next Friday night, the Hurricanes will host Region 4’s number three team Billingsley.
NorthEscambia.com file photo, click to enlarge
One Toddler Shooting Suspect Extradited, Cantonment Man Still On The Run
October 27, 2011
One suspect in the July 15 shooting of a Pensacola toddler is now behind bars in Escambia County, while police continue to search for a Cantonment man in the case.
Shaquill Jerell Besst, 18, was transported Tuesday from Tangipahoa Parish Prison in Amite, LA, to the Escambia County Jail. His bond was set at $2 million during a Wednesday afternoon court appearance.
Authorities are still searching for former Cantonment resident Dwayne “Money” Pinestraw, 19. He is the suspected triggerman in the shooting a death of 19-month old Ty’Quarius Moultrie at a Pensacola Village apartment on Fairfield Drive.
Multiple shots were fired into the apartment back on July 15, according to Pensacola Police, killing Moultrie and wounding 23-year old Vincent Dennis.
Prior to the shooting, Besst and Pinestraw were reportedly robbed by two armed men as they sat in a car on a North Davis Highway gas station. Besst, Pinestraw, and two other men allegedly went to Pensacola Village a short time later and fired a .45 caliber gun through an apartment window.
Besst was taken into custody in August in Lousiana, while Pinestraw remains at large. Pinestraw’s last known address was on Lake Drive in Cantonment.
Pinestraw is a black male, approximately 5-feet 6-inches tall and approximately 130 pounds. He should be considered armed and dangerous, according to Pensacola Police.
Anyone having information on Pinestraw’s location or the shooting is asked to contact Lt. Doug Baldwin at (850) 435-1908, Detective James Reese at (850) 435-1976, or the Desk Sergeant’s Office at (850) 435-1900.
Century Man Charged With Grand Theft, Also Wanted In Alabama
October 27, 2011
A Century man is facing a felony charge after allegedly selling a stolen boat and two stolen boat motors as scrap, and he will be extradited to Alabama to face additional charges.
Joshua Duane Griffis, age 24 of North Century Boulevard, is charged with grand theft and was booked into the Escambia County Jail with bond set at $50,000.
On October 11, a resident of Elsie Davis Road in Century reported that during the previous weekend someone had stolen several items from his yard, including three used boat motors, a 14-foot aluminum boat and three Poulan chainsaws.
As part of their investigation, deputies contacted Advanced Environmental Recycling in Flomaton and discovered that on October 8 Griffis sold them an aluminum boat, two used boat motors and a Ford vehicle catalytic converter for $120.44, according to an Escambia County Sheriff’s Office arrest report.
The victim later identified the boat and motors as his property. On October 24, Griffis admitted to deputies during questioning that he was the person that sold the boat and motors to the Flomaton company, according to the arrest report.
Griffis has an outstanding warrant from Escambia County, Ala., for receiving stolen property second degree, according to the Escambia County (Fla.) Sheriff’s Office.