Settlement Negotiated To End School Religion Dispute
July 2, 2011
A settlement has been reached in an ongoing lawsuit over a consent decree agreement that barred religious activities and teacher-led prayer in Santa Rosa County.
The agreement will end three years of legal fighting between the American Civil Liberties Union, the Santa Rosa County School District and Liberty Counsel, a conservative Christian legal group.
Liberty Counsel will receive $265,000 in legal fees. The group says the deal won’t cost taxpayers with the fees coming from the school district’s insurance company, but the ACLU says taxpayers will foot the bill. The ACLU has agreed to waive their $150,000 legal bill to the school district.
“It’s an unseemly payoff,” said Benjamin James Stevenson, attorney in the ACLU of Florida’s Northwest Regional Office in Pensacola. “They came in after the fact, stirred up some controversy, raised some money on this invented issue, and will leave town likely with $265,000 in taxpayer money that would be better spent on the students in our community.”
“This is a huge step in the right direction and a victory for the citizens in Santa Rosa County,” the Liberty Counsel said.
The battle between the groups started after U.S. District Judge Casey Rodgers signed a consent decree between the ACLU and the school district that required school employees to stop promoting their personal religious beliefs in public schools.
“Our original agreement with the school district was clear and consistent with religious liberty provisions of the Constitution,” said the ACLU’s Stevenson on Friday. “To the extent there was any confusion – real or mostly invented – about what the Constitution requires, we want to be clear and have been even more clear now.”
In September, 2009, the Liberty Counsel rejected an offer by the ACLU and the School District to avoid exposing taxpayers to expensive litigation by making clarifications to the original agreement.
Most of the clarifications to the original agreement were minor, according to the ACLU. Two highlights include new language that makes it clear that although district employees may not lead prayer or religious activities, or allow or direct others to do so, they may remain still and clasp their hands as a show of respect while students pray. And new language gives express permission for employees to say things such as, “God bless” or “Good heavens” to express surprise.
“Despite contrived examples of threats to religious freedom and concocted claims confusion, the original agreement and court order never blocked or interfered with personal religious expression,” Stevenson said. “It was never unclear but now it’s double-clear, you can say “God bless you” when someone sneezes.”
The rules apply only to district employees while they are on the job. The latest agreement states: “As the Court has previously made clear, ‘the plain language of the consent decree simply does not address the conduct of school employees in any context other than in their official capacity.’”
“As a result of this settlement, Liberty Counsel’s clients who are teachers will now be able to pray at school during their break times, pray during school events in a nonofficial capacity, attend and fully participate in baccalaureate services, have a Bible on their desk, wear religious jewelry, and assign readings from the Bible to students when relevant to nonreligious academic assignments. Students will be allowed to voluntarily pray, submit religious answers in homework, and freely participate in private, after-school religious programs,” the Liberty Counsel said in a prepared statement.
Before becoming final, the settlement must be approved by the Santa Rosa School District, which meets on Tuesday, and then be approved the courts.
Pictured: A prayer rally was held in March 2009 at Jay High School. NorthEscambia.com file photos, click to enlarge.
Taylor Prefiles For District 5 Escambia Commission Seat
July 2, 2011
A third candidate has prefiled for the Escambia County Commission District 5 seat currently held by Kevin White of Molino.
Jim Andrew Taylor of Carmody Hill Road, Cantonment, announced Friday for the job. He will run as a Republican.
Dennis Wiggins of Killam Road, Century, prefiled June 28 for the job. He will run on the 2012 ballot as an independent with no party affiliation. Republican Sam Archer of Cantonment was the first candidate to announce for the seat back on June 15.
The election is in 2012.
John Powell Joins Sheriff’s Race
July 2, 2011
Friday, John Powell became the third candidate to announce his intentions to seek the position of Escambia County Sheriff. He is running as a Republican.
Powell conducted an unsuccessful run as a Democrat against Ron McNesby in 2004. He served as the police chief in Dothan, Alabama, until being appointed Director of Alcoholic Beverages and Tobacco in August 2009 by Gov. Charlie Crist.
Incumbent Sheriff David Morgan filed his paperwork in May announcing that he will run again as a Republican.
Bill Chavers, who was originally Morgan’s chief deputy before being demoted about year later, prefiled as an independent candidate back in February, 2010.
315 Losing Their Jobs
July 2, 2011
Over 300 employees of a Santa Rosa County call center will be out of work by the end of October.
The employees of TeleTech were notified Friday that they were losing their jobs. The employees were all transitioned from Clearwire to Teletech in early June.
About 120 Clearwire employees were transferred to Teletech and will remain with Clearwire, a wireless Internet service provider. Those employees remaining with Clearwire are responsible for a variety of back office activities, including operations, workforce management, process management and vendor management.
Lighting Sparks Fire, Causes Power Outage
July 2, 2011
Two different lightning strikes sparked a brush fire and caused a power outage for dozens of homes Friday evening in North Escambia.
Brush Fire
The brush fire was reported about 7:15 p.m. about 100 yards into a wooded area off Highway 168 near Wiggins Road. The fire was reported contained about 8:05 p.m. There were no structures damaged by the blaze.
The McDavid, Century and Walnut Hill stations of Escambia Fire Rescue responded to the blaze. The Florida Division of Forestry was also dispatched to create a line around the fire using two bulldozers.
Power Outage
About 75 homes in the area of Gobbler Road in the Oak Grove area were without power Friday night, apparently due to a lightning strike. Escambia River Electric Cooperative restored power to the area within about an hour.
Weekend Gardening: A Red, White And Blue Garden
July 2, 2011
A patriotic flower garden is all about combining dazzling colors of red, white and blue. Red and white flowers are the easiest to find. Flowers that have a dark blue color like the American flag can be more challenging to locate. Generally the blue seen in flowers is a lighter blue, not a navy blue. But feel free to use dark purple flowers for a dark blue effect. Here are some plants that will perform in your garden throughout the summer, not just for the Fourth of July.
Firecracker Plant
Bright red, tubular flowers that resemble little firecrackers hang on this plant during much of the year. Known scientifically as Russelia equisetiformis, this tender small shrub has an unusual look. The rush-like stems are lacking obvious foliage. It has an attractive weeping growth habit with wiry branches that start out erect then fall over to cascade down in lengths as long as four feet.
Firecracker plant grows well in full or broken sun. It will tolerate different soil types but thrives in areas that are well-drained but are regularly watered. This is a must for the butterfly or hummingbird garden.
Bee Balm
Another flower that is a hummingbird and butterfly attractant is this easy-to-grow perennial. Its bright colors and nectar-filled blooms attract a wide variety of “flying jewels.”
The sweet and minty, citrus-scented plant isn’t just for our winged friends, however. Both the leaves and the flowers are perfectly edible-add them to salads or use as garnishes. The dried leaves have been used for centuries to make tea.
Bee balm, or Monarda didyma, comes in many different colors. ‘Jacob Cline’ is an outstanding dark red, powdery mildew-resistant cultivar.
Cat’s Whiskers
Cat’s Whiskers is a member of the mint family and is native to tropical East Asia. Its scientific name is Orthosiphon stamineus. In zone 8, consider this plant an annual since it is tender and will not reliably come back after a freeze.
Cat’s Whiskers has beautiful dark green leaves and unusual white flowers. The flowers consist of an upright spike that contains long flowers and even longer stamens, reminiscent of cat whiskers. Flowering occurs on new growth.
This plant performs best in full sun. It will however grow with several hours of filtered light or spotty direct sun. Cat’s whiskers is a shrub-type plant that will reach heights of two to three feet and spreads three to four feet.
Blue Mist
Caryopteris x clandonensis, sometimes called bluebeard or blue mist shrub, is a cross between two species, and is one of the best small shrubs for late color in the landscape.
It is a low mounding, herbaceous shrub that prefers loose, loamy soil and full sun. It produces sturdy stems with several whorls of blue flowers in the fall. There are several cultivars available. The famous variety ‘Longwood Blue’ has sky blue flowers.
Another popular type, ‘Worcester Gold’, has yellow foliage and blue flowers. Proven Winners has one called ‘Petit Blue’ that is known for its tight, compact growth habit.
Bees and butterflies love them, but deer don’t — a happy combination. The flowers are so attractive to the bees, that the insects aren’t bothered by the presence of people
For more information, contact Theresa Friday at 850-623-3868 or email tlfriday@ufl.edu. Friday is the Residential Horticulture Extension Agent for Santa Rosa County.
Man Charged With Robbing Grocery Advantage
July 1, 2011
A Cantonment man was jailed Thursday evening after robbing the Grocery Advantage armed with a knife.
Kenneth Lee Purifoy, 45, of 1240 Lake Drive in Cantonment, was arrested at a nearby apartment complex after deputies say he robbed the Grocery Advantage store at knife point.
Deputies responded to the store at 736 North Highway 29 for an armed disturbance just after 6 p.m. Thursday.
According to an Escambia County Sheriff’s Office arrest report, Purifoy entered the store with numerous shopping bags that he placed in an empty buggy. An employee observed Purifoy enter a restroom with the items in the buggy, but they were not visible when he came out of the restroom.
Moments later, Purifoy was carrying a pack of ribs when he approached a store employee and employees noticed a pack of steaks in his rear waistband. When he was confronted, deputies said Purifoy rain toward the exit, and another pack of steaks fell from the front of his pants.
An employee told deputies that he tried to stop Purifoy and detain him and a struggle ensued.
During the struggle Purifoy pulled a small folding pocketknife on the employee and reportedly stated “I will stab you”. Purifoy then ran out of the store.
“One of our K-9 units tracked the suspect to a nearby apartment complex, said sheriff’s spokesman Deputy Chris Welborn. “Our deputies were able to locate him on the complex grounds and arrested him without incident.”
Purifoy was charged with aggravated assault with a deadly weapon, petit theft, robbery and possession of drug paraphernalia. He was booked in the Escambia County Jail and held on a $20,000 bond.
Escambia County, City Of Pensacola Consider Joint Youth Curfew
July 1, 2011
A Pensacola city councilman wants a countywide curfew for youth, a idea briefly discussed at a joint meeting of the Pensacola City Council and the Escambia County Commission on Thursday.
Councilman John Jerralds is advocating a curfew modeled after one currently in place in Jacksonville. He wants to make a presentation about the ordinance to the county’s attorney or the entire commission in hopes that city and council will both adopt a youth curfew.
The Jacksonville youth curfew ordinance restricts any unmarried person under the age of 18 from being on the streets between 11 p.m. and 5 a.m. weekdays or 6 a.m. on the weekend or holidays unless they are with a parent or guardian.
There are several exceptions in the ordinance, including teens on their way to or from work; a church, school or other organization and other events.
To read the entire Jacksonville youth curfew ordinance, click here.
Both the youth curfew violator and their parents can receive civil citations for violating the Jacksonville law.
Escambia Burn Ban Prohibits Private Fireworks
July 1, 2011
A burn ban remains in effect that prohibits private Fourth of July fireworks in Escambia County.
The entire county — including Century and Pensacola – remains under a burn ban for the July 4 holiday weekend. The ban prohibits open burning, campfires, bonfires, burning of trash and fireworks anywhere in Escambia County.
While fireworks can be purchased, fires resulting from fireworks can result in a $400 fine or a mandatory court appearance, not to mention serious damage and injuries, according to county officials.
The only exemptions to the burn ban are state permitted burns, authorized fireworks displays, fireworks sales authorized by state law and outdoor cooking cooking in barbeque grills, smoker and other outdoor stoves at private residences.
Escambia County is encouraging families to attend public fireworks displays planned across our area.
Judge Rules State Worker Pension Contributions To Begin
July 1, 2011
On the eve of government workers being forced to contribute 3 percent of their paychecks to Florida’s pension fund, a Leon County circuit judge late Thursday refused to require the state to set aside the money during a pending legal challenge.
Circuit Judge Jackie Fulford issued the ruling shortly before midnight, just minutes before a controversial pension law kicked in to require hundreds of thousands of public-sector workers to contribute to the fund.
The Florida Education Association, which is spearheading a lawsuit that challenges the constitutionality of the law, sought a temporary injunction to require the money be set aside. It argued that such a move would ensure workers would receive refunds if the law is ultimately ruled unconstitutional.
Fulford acknowledged in an eight-page ruling that it is unclear what funds the state would use to pay back workers if the law is tossed out. But she also wrote that she must “assume that the state of Florida would comply with an order from this court to refund to employees any funds that have been wrongfully deducted from their salary.’’
“The state (during arguments Thursday) … stipulated that should they ultimately be ordered to refund the 3 percent employee contributions, it was not a matter of whether the refunds would be given, it was only a matter of the state of Florida determining from what source it would make the refunds, in the best financial interest of the public,’’ Fulford wrote.
The law, a priority of Gov. Rick Scott and Republican legislative leaders, will lead to state and local government workers contributing about $800 million a year to the pension fund. Such contributions have not been required since the 1970s.
During a hearing earlier Thursday, Fulford repeatedly questioned attorneys about how the state could assure that workers would be able to recoup the money — especially during a time when the state is struggling with budget problems.
But Blaine Winship, special counsel in the Attorney General’s Office, said setting aside the money could threaten the actuarial soundness of the pension fund. Also, he said the pension fund could refund money to workers if the law is found unconstitutional.
“There’s not any reason for these plaintiffs to be insecure,’’ Winship said.
FEA attorney Ron Meyer, however, said workers need a “pathway” to get the money back if the law is rejected. Meyer said he fears that the state Board of Administration, which runs the pension fund, would argue in the future that it can’t be forced to give the money back.
“That’s what we’re going to get, your honor,’’ Meyer said. “I can hear it now.’’
After Fulford’s ruling late Thursday, the FEA issued a statement saying it was disappointed. But it made clear it will continue to press the broader constitutional challenge to the law.
“While we are disappointed that the court didn’t take action to ensure the availability of funds to pay back to employees if we prevail in the lawsuit, this is a minor setback and cannot be viewed as a determination that our claims are not just,” Meyer said in the statement.
The FEA, backed by other labor groups, filed a class-action lawsuit June 20, arguing that the law violates contractual and collective-bargaining rights of employees.
The teachers union did not seek to block the state from collecting the contributions while the lawsuit moves forward. Instead, it sought the temporary injunction to require that the money be set aside and refunded to workers with interest if the lawsuit is successful.
Fulford on Thursday scheduled an Oct. 26 hearing on broader questions about the law’s constitutionality. Whatever she rules on that issue, attorneys say they expect the Florida Supreme Court to ultimately decide the case — a usually lengthy process.
The FEA largely pins the case on a 1974 law that says the rights of retirement system members are “contractual in nature” and “shall not be abridged in any way.’’ Meyer contends that lawmakers can only require future employees, not current workers, to contribute to the pension system.
“Employees were told, ‘If you work, you’re going to be paid X,’ and after tomorrow, they’re going to be paid X minus 3 percent,’’ Meyer said during Thursday’s hearing.
But Winship said the 1974 law does not prevent the Legislature from making changes that will affect current employees. He said it prevents lawmakers from making retroactive changes that would affect workers, such as seeking contributions for past years.
“Our Legislature must have the power going forward to change the deal,’’ Winship said.
By Jim Saunders
The News Service of Florida