American Bar Assn Journal:

U.S. Supreme Court

Law Prof: Entire Supreme Court Should Decide Recusal Due to Activist Wife

Posted Oct 28, 2010 6:00 AM CDT
By Debra Cassens Weiss

A Northwestern University law professor notes that Justice Clarence Thomas may find himself in a controversial position when the health-care reform issue reaches the U.S. Supreme Court, most likely in 2012.

Thomas’ wife, Virginia Thomas, is a leading opponent of health care reform legislation that passed this spring, law professor Steven Lubet notes in a Chicago Tribune opinion column. A memo briefly posted at the Liberty Central website founded by Virginia Thomas called the law unconstitutional, and it had Virginia Thomas’ signature. The memo was later taken down; the group’s chief operating officer explained that Virginia Thomas had neither seen nor signed the memo, and it should not have been posted.

Even so, Virginia Thomas’ well-known opposition to the legislation will raise recusal questions for her husband. Lubet notes that the decision whether to recuse may be made by Justice Thomas alone, but the professor questions whether that’s a good idea.

The issue of Thomas’ recusal will bring “vociferous demands that he step aside—countered by equally strenuous arguments that he remain in the case,” Lubet writes. “Partisan emotions will run high, with charges of bias and hypocrisy flying in both directions. In that fraught atmosphere, public confidence would be best served if the entire Supreme Court were to make the decision on Thomas' disqualification. It would be irresponsible to leave recusal completely to the discretion of the one man most likely to be swayed by competing considerations of duty and affection.”

WHO IS MICHAEL GOLD (a continuing saga about the racist, sexist, misogynist homophobe running for City Commission in St. Augustine)

ALL ABOUT MICHAEL GOLD (f/k/a MICHAEL TOBIN) and “UNDERWRITER’S BUREAU, INC.”

The company was initially founded by Annette F. Gold of Fenton, Michigan on February 24, 1997 as “Merchants Choice Card Services, Inc.” “Merchants Choice Card Services, Inc.” was registered at 10151 Deerwood Park Blvd , Building 200, Suite 250, Jacksonville, Florida in 1997.

“Merchants Choice Card Services, Inc.” reported its main place of business was 166 SR N AIA Highway in Ponte Vedra in 1998.

“Merchants Choice Card Services, Inc.” changed its name to “Accise Corporation” in March 2003, reporting its address was 1199 South Third Street, PO Box 49192, Jacksonville, Beach, Florida 32240-9192.

In 2004, MICHAEL GOLD f/k/a MICHAEL TOBIN was campaign manager and raised some $250,000 for St. Johns County Sheriff DAVID SHOAR f/k/a DAVID HOAR. 2004, “Accise Corporation” of 24 Cathedral Place (no suite number given) was paid by SHOAR’s campaign “professional fees” in excess of $7000 from DAVID SHOAR’s Sheriff campaign as follows:
$ 2408.56 11/2/2004
$ 3011.04 10/29/04
$ 500.00 9/28/04
$ 1100.00 10/5/04

Then, two years later, the little-known company formerly known as “Merchants Choice Card Services, Inc.” and later known as “Accise Corporation” on July 1, 2006 changed its name yet again, this time to Underwriters Bureau Inc.,” now with Michael Gold as sole director, initially listing 152 St. George Street as its address. That’s the site of H.W. Davis, Inc., a department store owned by GOLD’s in-laws.
GOLD’s “Underwriters’ Bureau, Inc.” is currently operating at 2775 U.S. 1 South, St. Augustine, Florida.

“Underwriter’s Bureau, Inc.” solicits business on the web from lawyers, insurance companies and other deep pockets. http://underwritersbureau.com

GOLD is involved in publishing two secretive local hate websites in St. Augustine, www.plazabum.com and www.shamefulpeople.com, where GOLD posts under numerous NICs racist, sexist, misognynist, homophobic, anti-environmental, anti-reform and anti-progressive hate postings, in possible violation of cyberstalking and libel laws.

Several local public officials, including St. Augustine City Commissioner NANCY SIKES-KLINE, are known to post under NICS on these websites, which give significant encouragement and support to the people who deposited 40,000 cubic yards of solid waste in our Old City Reservoir (and other possible environmental crimes being ignored by Sheriff DAVID SHOAR and other local law enforcement officials)
.
GOLD’s “Underwriter’s Bureau, Inc.” has a website that makes possibly false and misleading claims in interstate commerce, including the assertion that it “Over the past 10 years, the field agents and investigators at Underwriters Bureau have been accumulating the analytical experience and education that are essential to support the requirements of our clients.” The website states “In February, 1997 the company was first organized by a group of Jacksonville field agents who performed on-site credit card inspections for Horizon Capital Bank.” http://underwritersbureau.com/about.html

The website asserts that “For nearly 10 years, Underwriters Bureau has been committed to helping Florida's top financial, legal, and insurance firms to operate more securely based on better informed decisions derived from independently documented facts.” http://underwritersbureau.com/

The website, http://underwritersbureau.com states that it is hosted by “Historic City Media,” with a link to “http://historiccity.com”

So who are MICHAEL GOLD's clients? To be continued.....

USDOJ: Assistant Attorney General Thomas Perez Speaks of USDOJ Protecting GLBT Rights

The Civil Rights Division and LGBT rights

October 15th, 2010 Posted by Tracy Russo

Under the leadership of Assistant Attorney General Tom Perez, and with the strong support of Attorney General Eric Holder, the Civil Rights Division of the Department of Justice has worked to reinvigorate its more traditional enforcement responsibilities and transform itself to meet the civil rights challenges of the 21st century.

Among these challenges is the struggle to achieve equal rights for lesbian, gay, bisexual and transgender (LGBT) individuals.

This week, Assistant Attorney General Perez joined the Mayor of Cleveland, Frank Jackson, and U.S. Attorney Steve Dettelbach, to celebrate LGBT Heritage in Cleveland. During remarks delivered at the celebration and awards ceremony held in the City Hall Rotunda, Assistant Attorney General Perez said:

“From our nation’s founding, individuals have fought for their rights, facing dozens of defeats for each victory. Progress has so often been painfully incremental. But each victory, however small, was motivation enough to keep moving. And so it has gone with the fight for LGBT equal rights. For decades now you have stood up to challenge discrimination, misconception and sometimes hatred. And hard-fought victories have been won. But the people in this room know that we have not yet reached our goal.”

The Civil Rights Division is committed to advancing the rights of LGBT individuals, and to using its existing authorities in support of LGBT rights.

Nearly a year ago, the Division received significant new authority to protect LGBT civil rights with the passage of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which provides nationwide protection to LGBT individuals from physical attacks based on the victim’s actual or perceived sexual orientation or gender identity. Significantly, the long overdue law was the first time the words “sexual orientation” and “gender identity” appeared in federal law to protect civil rights of LGBT individuals. The Department of Justice is committed to vigorously enforcing the Shepard-Byrd law, along with our already existing authorities to forcefully respond to hate-motivated violence, and already has a number of open investigations under the new law.

Unfortunately, hate crimes are a symptom of the climate of intolerance towards LGBT individuals that has had a particularly devastating impact on the lives of LGBT youth, as evidenced by the six recent suicides by LGBT teens. Each of these teens was a victim of bullying, underscoring the challenge we face in ensuring that our schools provide a safe and tolerant environment for all students.

The Civil Rights Division has used its existing legal authority to hold a school district accountable for the ongoing harassment of a gay teen who failed to conform to gender stereotypes, and the Justice Department is working with the Department of Education and other agencies on the development of a national anti-bullying strategy.

For more information, read Assistant Attorney General Perez’s full remarks from the Cleveland LGBT Heritage Celebration:

Remarks as Prepared for Delivery by Assistant Attorney General for Civil Rights Thomas E. Perez at the Cleveland LGBT Heritage Celebration

October 12, 2010

Cleveland, OH

Thank you, Jan.

In our nation, the phrase “Civil Rights” evokes powerful emotion, conjuring up iconoic visions of the 1960s, of Dr. King on the steps of the Lincoln Memorial, of students at lunch counters and university doors.

Sometimes forgotten when we talk about civil rights are the other movements, the other suppressed groups that have had to claw their way out from under the weight of immoral laws and misguided social mores. Women spent decades fighting for the right to vote, facing ridicule, and sometimes imprisonment, before the 19th amendment passed in 1920. Individuals with disabilities faced every day the indignities of not being able to enter public buildings or get on a public bus, they were barred from attending schools and getting jobs. Until, that is, the passage of the Americans with Disabilities Act.

From our nation’s founding, individuals have fought for their rights, facing dozens of defeats for each victory. Progress has so often been painfully incremental. But each victory, however small, was motivation enough to keep moving.

And so it has gone with the fight for LGBT equal rights. For decades now you have stood up to challenge discrimination, misconception and sometimes hatred. And hard-fought victories have been won. But the people in this room know that we have not yet reached our goal.

Which is, of course, why I’m here with you this evening. What, you must be wondering, are we doing about it?

For starters, of course, there is the new hate crimes law. Last year President Obama signed into law the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. To say this act was long in the making would be an understatement. In fact, it was 12 years ago today that Matthew Shepard died from the wounds he suffered when he was brutally attacked by two hateful individuals five days earlier.

I was involved in the effort to secure this landmark legislation since the late 90s when I worked with the late Senator Ted Kennedy on this effort.

The responsibility to enforce the new Shepard-Byrd law belongs principally to the Criminal Section of the Civil Rights Division, and we are working closely with the FBI’s Civil Rights Unit and U.S. Attorney’s offices throughout the nation to inform federal, state and local law enforcement about the law’s new provisions. We have held training conferences in numerous cities. Today, in fact, colleagues from the Civil Rights Division, are in Iowa for a training there, which was planned in close coordination with the U.S. Attorney and FBI in Iowa. We have sponsored these conferences with the support and participation of Matthew's parents and the Laramie Police Chief, Dave O'Malley. We’ve also been held training conferences in Atlanta, Omaha, New York, Boston, Little Rock, and Indianapolis, to name a few. I can tell you that you have a dedicated U.S. Attorney here in Steve Dettelbach, and he is committed to aggressive civil rights enforcement.

Already we have opened more than 50 investigations nationwide under the new law. We’re holding trainings throughout the country to engage law enforcement and community leaders about the law, and to ensure that first responders are prepared to effectively investigate hate crimes based on the victim’s actual or perceived sexual orientation and gender identity. We hope that you will work with local, state and federal law enforcement officials to alert them when incidents occur and to help them better enforce the law.

No sooner had ink dried on this landmark law that Department faced a constitutional challenge to the law, which we successfully fought.

The law is remarkable not only because of the new protections it provides, but because it marks the first time that the words, “sexual orientation” and “gender identity” appear in the U.S. Code to protect civil rights.

I am confident that it won’t be the last. Passage of an inclusive Employment Non-Discrimination Act (ENDA) remains a Division priority. My first testimony delivered on the Hill after my confirmation last year was in support of ENDA in the Senate. That LGBT individuals are not currently protected against discrimination in the workplace is perhaps one of the most gaping holes in our nation’s civil rights laws. We remain committed to seeing ENDA’s passage.

Meanwhile, we are using our existing authority to combat discrimination where we can.

Earlier this year, we sought to intervene in the case of an openly gay teenager from Mohawk County, New York. For two and a half years, the student was a victim of severe and pervasive student-on-student harassment because he failed to conform to gender stereotypes. From 2007 until 2009, the harassment escalated from derogatory name-calling to physical threats and violence. The student’s grades suffered. He had multiple absences because he did not feel safe at school, and he dropped one of his favorite courses to avoid one of his harassers.

The School District had knowledge of the harassment, and the complaint alleged that the school district was deliberately indifferent in its failure to take action – neither fully investigating the allegations, nor following its anti-harassment policies and procedures. The failure to address and prevent this kind of bullying from occurring violates Title IX of the Civil Rights Act of 1964, which prohibits violations of students’ constitutional right to be free of harassment in school. But it also reinforces intolerant and hateful behavior by allowing it to go unpunished.

During a trip to Seattle earlier this year I had the opportunity to observe an anti-bullying program at a Middle School. The program is considered a model, and it is exactly the kind of curriculum needed to help students gain understanding about diversity and tolerance. While I was there, I had the chance to meet with the three brave students at the school who have formed a gay-straight alliance. That middle school students even feel comfortable enough to participate in such groups I think reflects remarkable progress – as Senator Franken said when I testified before his committee on ENDA last year, for his kids’ generation, being gay is about as interesting as being left-handed.

Unfortunately, the Seattle middle school more lately is looking like more of an exception than the rule, in light of the tragic series of suicides by gay teens who were bullied in school. We are actively monitoring and investigating these and other cases involving bullying and harassment of LGBT and other students, and we are working with our federal partners at the Department of Education, HHS and other agencies in the development of a national anti-bullying strategy. You can find more information on the federal government’s efforts by going to bullyinginfo.org, a new website created following the National Bullying Summit that was held this summer in Washington.

Meanwhile, we also recently settled a case involving an HIV-positive 2-year old boy. The boy’s father was undergoing cancer treatment in Mobile, Alabama, and so the family had planned a month-long vacation at the nearby Wales West RV Resort. But when the management of the family-themed RV park found out the boy is HIV-positive, they banned the family from using the common areas of the resort, including the swimming pool and showers. The family cut their vacation short. We reached a settlement under the Americans with Disabilities Act. The RV Park paid a civil penalty and adopted measures to ensure that patrons and their families are not discriminated against on the basis of disability.

I am well aware that none of these efforts are a silver bullet for LGBT civil rights. The nation’s promise of equal opportunity, equal justice and equal rights has not yet been fulfilled for LGBT individuals and their families.

But the Civil Rights Division does not shy away from great challenges. Since the Division was created in 1957, we have often been a lonely voice in the federal government working to advance policies that expand civil rights.

At one of the very first events I attended after my confirmation last year I heard the President speak about LGBT rights. And I was heartened because I believe that with his remarks, he gave us a great deal of latitude to work within the administration to advance the cause of LGBT rights.

And there is an extensive amount of activity going on within the Administration to advance LGBT rights going well beyond the big ticket items we hear about regularly. While they aren't a substitute for those big ticket items, they are still extremely important to the lives of LGBT individuals.

Whether it is domestic partner benefits as permitted by law, hospital visitation rights, Family and Medical Leave Act ability for the same-sex partners who aren't a child's legal parent, grants to study the needs of LGBT Seniors, these steps can mean a great deal to the LGBT individuals who benefit from them.

Yesterday was national coming out day. With each of our efforts to advance and protect LGBT rights, to make individuals feel safe and accepted in their communities, we are hopefully making it easier for them to come out to their families, their friends, their colleagues and their neighbors.

And we will not only use all of the tools in our arsenal to do so, but we will continue to fight to put more tools at our disposal. Thank you.

Updated October 13, 2010

FLORIDA BOARD OF REALTORS SQUANDERS MONEY FIGHTING AMENDMENT 4 (HOMETOWN DEMOCRACY)

Florida Association of Realtors fiddles (with money) while their members burn

We turn now to one of the more obscene gestures made by the Florida business community during its desperate and all-encompassing fight against Hometown Democracy and the people's right to vote on development issues that could cost them higher property taxes.

Consider this: At a time when many individual Realtors are suffering in a horribly overbuilt Florida housing market and downturned economy, their parent organization, the Florida Association of Realtors, has used its "Advocacy Fund" (fueled in part by a $10 per member advocacy surcharge on their annual dues) to contribute $4.25 million to oppose Amendment 4.

This makes the Realtors association's Advocacy Fund the largest single contributor to the anti-Amendment 4 campaign at a time when things are so bad for Florida Realtors that they even got a $16 million settlement from the BP Gulf oil spill. (And Realtors looking to be fully compensated from that settlement shouldn't hold their breath. Realtors association lobbyist John Sebree said in reports published Aug. 24, 2010, that the BP money "might not go terribly far.")

At a time when the Realtors association should be financially helping its members, it is wasting more than $4 million to attempt to preserve the very system of growth that put its members out of work in the first place! The very system that depressed housing values (and therefore commissions when/if homes are sold in this market).

And the $4.25 million from the Realtors' Advocacy Fund isn't all the Realtor money that has found its way to oppose Florida Hometown Democracy. State Division of Elections records show that the Florida Realtors Association gave another $25,910; the Realtors Political Issues Committee-FLA gave $5,500; and the Florida Gulfcoast Comm. Association of Realtors PAC gave $250.

Just how over the top is the Florida Association of Realtors in its largesse to the No on 4 crowd? Consider that the next biggest contribution given to the No on 4 political action committee is $567,000 from Pulte Homes Corp. (Pulte got is own bail-out, by the way, an $800 million tax break from the federal government, according to Builder magazine in Feb. 2010, tucked neatly in a 2009 unemployment compensation bill.)

Yes on 4's website address is www.floridahometowndemocracy.com.

Pd. Pol. Adv. By FloridaHometownDemocracy, Inc. PAC, P.O. Box 636, New Smyrna Beach, FL.

UF Brechner: Judge dismisses libel lawsuit -- quadriplegic man dumped from wheelchair at traffic stop

Judge tosses surveillance libel lawsuit
TAMPA – A law enforcement officer’s defamation suit against Tampa area television station WTSP-Ch. 10 and reporter Mike Deeson has been dismissed.
Steven Dickey, a corporal for the Hillsborough County Sheriff’s Office, filed the suit after a February 2008 story aired about a quadriplegic man who was dumped out of his wheelchair by law enforcement personnel after being booked on a traffic stop. A surveillance video of the incident shows Dickey smiling.
Deeson remarked that Dickey “appears to think it’s funny.” Dickey then sued, alleging the video was edited to make it appear that he was complicit in the incident and thought it was funny.
Hillsborough Circuit Judge William P. Levens ruled in favor of 10 Connects and Deeson, finding that the broadcast was “a fair report of a public record, Deeson’s statement was an opinion, the report was substantially true and there was no evidence of actual malice,” according to the St. Petersburg Times.
Source: St. Petersburg Times

JEFF GREENE'S SILLY LIBEL LAWSUIT

A failed billionaire Senate candidate, Jeff Greene, has filed a $500 million libel lawsuit against two newspapers (See below).

This shows beyond peradventure that JEFF GREENE was not qualified to be U.S. Senator.

Does he suppose that he would have made $500 million as Governor? Where did he get his ad damnum figure from? Where can he show $500 million in damages?

And how in the name of all that’s holy could JEFF GREENE suppose he could ever show he meets the New York Times v. Sullivan standard for suing a public figure for libel (“Actual malice or willful disregard of the truth.”).

Damages? JEFF GREENE is irreparably damaged alright, but not by the Miami Herald or St. Petersburg Times. Perhaps he was damaged by overindulgence in some of those alleged controlled substances that were not on his yacht with Mike Tyson (best man at his wedding). Or perhaps his soul turned to stone by contact with so much money, thereby destroying his judgement.

The rich are different that you and I, as F. Scott Fitzgerald said – yes, they have more money. And in the case of Mr. GREENE , no class. What an uncouth jerk he is, destroying a coral reef in Belize for his own carnal pleasures. Damn glad he’s not going to be a United States Senator.

And like RICK SCOTT and S. GARY SNODGRASS, ex-candidate JEFF GREENE objectifies lesser mortals and looks down his nose at them. Florida voters have already kicked JEFF GREENE in the butt – now it’s the job of a court and jury to hear his silly complaint and tell him to go away.

That will also involve rejecting the theories upon which L. Lin Wood (Bryan Cave partner from Atlanta) will use to get past summary judgment – Wood is an expert on libel who successfully represented falsely accused Olympics security guard Richard Jewell and other plaintiffs.

But does Wood now have fool for a client – a rich man rejected by the voters who hires a lawyer to pursue a libel case against two respected Florida newspapers? Good luck, Mr. Wood --- you’re gonna need it. No jury in Florida will see JEFF GREENE as sympathetic. If there’s a verdict, be prepared for a shocker (like the ½ penny libel verdict in Leon Uris’ novel, QBVII).

UF Brechner Center Report: After failed Senate bid, Greene sues two newspapers for libel

MIAMI-DADE – Democratic U.S. Senate hopeful Jeff Greene lost the Florida primary and has now filed a defamation suit against two newspapers, alleging their coverage damaged his reputation.
Greene is suing The Miami Herald and the St. Petersburg Times for $500 million in damages, alleging that two stories were “knowingly based on false information,” according to the complaint filed Sept. 1. The stories were written and edited by Times staffers but also published in The Herald.
The first story looked at Greene’s real estate dealings in California. The second story addressed boxer Mike Tyson’s ties to Greene and Tyson’s admission of using drugs on a yacht. A correction was run by both papers in which Tyson clarified the drug use did not occur on Greene’s yacht. Tyson was the best man in Greene’s 2007 wedding.
Greene, who is represented by Atlanta attorney L. Lin Wood, filed the defamation suit in Miami-Dade circuit court. “It’s very unfortunate,” Greene told The Herald in a phone interview. “I was ahead 15 percent and when the stories ran, I was down 10 percent. It just snowballed after that.”
Times Editor Neil Brown denied the suit’s allegations. “Democracy won’t work if we let lawsuits full of baseless charges from a political candidate inhibit us from providing voters with the independent information that they need and rely on,” Brown said.
Source: The Miami Herald

UF Brechner Center Report: Dan Gelber vs. Pamela Bondi on Open Government Issues

ATTORNEY GENERAL CANDIDATE Q&A
The Florida Attorney General is in a unique position to influence open government. The AGO administers the voluntary mediation program, issues legal opinions on open government issues, and often implements transparency initiatives within the AGO. Here, the candidates respond to The Brechner Report’s
questions on open government.
Pam Bondi is the Republican candidate for Florida Attorney General.
Dan Gelber is the Democratic candidate for Florida Attorney General.
The Attorney General has historically played a major role in promoting Florida’s strong open government and transparency laws. As AG, where would you put open government on your list of priorities?
Bondi: I have spent the last two decades as a prosecutor in Hillsborough County, and for the last ten years I acted as the public information officer for our office, with the responsibility of handling requests for public records and information. I whole-heartedly believe that Florida’s open government laws are paramount to ensuring transparency in the public process and providing citizens with a means to hold government accountable and that the people have the right to know. As Florida’s Attorney General, it will be a top priority to support efforts and advance policies that protect and guarantee transparency at all levels of government.
Gelber: Among the most important things I do. First, I believe sunlight is a terrific antiseptic. I have already indicated I would push a public corruption task force that would include lawyers from the AG office designated to help prosecute open government violations. I will also continue to push to bring a more open and transparent government to state government (where it is currently lacking) like Senate Joint Resolution 440, which requires the Legislature to abide by much of the open-government laws that govern local governments.
Are there any exemptions to the Open Meetings or Public Records Laws that you feel should be passed? Repealed?
Gelber: I don’t see the need for more exemptions. I would support (see above) a change that would bring more sunshine to the state legislature. In the early 1990s, as various citizen forces and Florida’s attorney general were pushing for more oversight and transparency in government, legislative leaders negotiated a compromise that would impose lesser open-government standards for the Legislature. Legislators argued that the nature of a 60-day session and the practicalities of noticing all communications among legislators would make it unrealistic to apply the same notice requirements as imposed on other levels of government. I would support legislation that would change these exemptions and require the Legislature to operate with greater sunshine. This means opening up the budget process, requiring that any budget allocations be made in public and greater scrutiny over the amendatory process.
Bondi: As Attorney General, I will continually review our state’s open government laws to ensure that any exemptions are truly necessary and properly justified.
What is your position on the use of Blackberries, PDAs, text messaging and other mobile technologies by public officials?
Bondi: We are living in a highly technological age where electronic communications are commonly used to conduct business in industries, including government. I believe in order to uphold Florida’s century-long commitment to open government our laws must stay current with evolving technology, in order to ensure continued transparency and accountability in government.
Gelber: I believe communications of public officials related to official acts should be disclosed to the extent they can be memorialized (including texts).
Do you have any specific open government initiatives that you would like to implement if elected?
Gelber: The most important unit of government that is in desperate need of greater transparency and sunshine is the Florida Legislature. While I cannot put laws in place to bring such transparency and openness, I will use my office to push for reforms in hopes that recent incidents of misappropriations compels the legislature to advance such proposals.
Bondi: As attorney general, I will be an advocate for openness and transparency at every level of government.
Are there any other comments you’d like to make on open government?
Bondi: Florida has a long-standing tradition of enacting laws that require government to operate in the sunshine, so that citizens can hold government accountable for its actions. If given the honor to serve as our state’s next Attorney General, I will continue to make these efforts a priority and make certain that my administration works to increase transparency and provide the people with access to their government.
Gelber: Although it might be easier to govern with limited citizen involvement, it is not better or healthier for a democracy. For that reason, I have been a leading advocate for more transparency and openness. I appreciate that many will raise the same arguments that were raised when the Legislature initially exempted itself from Florida’s demanding open-government laws. Perhaps if, in the nearly two decades that followed, the legislature would have governed themselves better, such an argument should prevail.
But regrettably, most Floridians view state government as more beholden to special interests than the interests of citizens. Sunshine is an antiseptic

UF Brechner Center Report: Entire Wakulla City Commission Pleads Guilty to Sunshine Violations

BARTOW – The entire Wauchula City Commission has reached a plea agreement after the seven commissioners were charged with violating the Open Meetings Law. The charges relate to two private meetings on Sept. 14, 2009 and March 1, 2010.
Six of the commissioners, Jerry Conerly, Daniel Graham, Delois Johnson, Valentine Patarini, David Royal and Yeavone Spieth, each face two misdemeanor counts of intentionally violating the Sunshine Law. Commissioner Clarence Bolin attended one meeting and only faced one count.
Each commissioner pleaded no contest to a single count of violating the Open Meetings Law and was ordered to pay $325 for fines and court costs as part of their plea agreement. Royal, the mayor, must also pay $500 for prosecution costs; the remaining members must each pay $300 for prosecution costs.
Adjudication of guilt was withheld. Each charge carried a maximum penalty of up to 60 days in jail and a $500 fine.
Source: The Ledger (Lakeland)

St. Augustine Record: Guest column: Gianoulis presents real choice for Senate 8

Guest column: Gianoulis presents real choice for Senate 8

Posted: October 17, 2010 - 12:28am

By GEORGE MOON

We have a real opportunity in our upcoming election to do -- locally -- what the people and (some) of the politicians around the country have been talking about -- getting some new blood in our political process so we can start doing things differently and, begin seeing some real progress out of the mess we've gotten into.

In the Gianoulis/Thrasher Florida Senate District 8 race, we are presented with a real choice. On the one hand, we have a regular, good-ole-boy politician, John Thrasher, who believes he can do whatever he wants and the "common person" be damned. The perfect example was his high-handed attempt to push through Senate Bill 6 (a slap in the face to all educators) without consulting any of the concerned parties beforehand. St. Johns County, in his district, is the number one school district in the entire state, yet Thrasher never considered speaking with its superintendent, Dr. Joseph Joyner, before proposing his Senate bill. Joyner should have been one of the first people someone from our district would have consulted before proposing such a bill, because he not only leads the best district in the state, he was also Florida Superintendent of the Year in 2008 and president of the Florida Association of District School Superintendents in 2007.

This is not just bad for people in education, this is horrible for all of us who would like our elected representatives to actually represent us -- meaning consult us, hear what we have to say, and take our views and concerns into consideration before proposing bills or voting on legislation. I would urge voters to check out the below site, which I found when I googled the 2009 District 8 race to fill Jim King's seat.

http://politicsfla.wordpress.com/2009/08/06/examining-district-8-candida...

Deborah Gianoulis, on the other hand, really is a fresh voice with a fresh way of thinking.

I have been following her career for years when she was a TV anchor and was aware of her support for education and Character Counts! while I was a high school teacher and then Director of Staff Development in the St. Johns County School District.

Although I do not know her personally, I have heard her speak in public and truly believe that she will listen to us and pay attention to our views and concerns, reflecting on the wishes of the people (instead of her own desires and needs) before proposing or voting on legislation which affects us all.

I urge you to vote for Deborah Gianoulis to give Florida a fresh start to begin getting our elected representatives to actually start representing us again.

FBI Press Release: Developer Pleads Guilty to Fraud Charges

For Immediate Release October 19, 2010	FBI Jackson Contact: Public Affairs Specialist Deborah Madden (601) 948-5000
Developer Pleads Guilty Daniel McMullen, Special Agent in Charge of the Federal Bureau of Investigation (FBI) in Mississippi, and Donald R. Burkhalter, United States Attorney for the Southern District of Mississippi, announced: On Tuesday, October 19, 2010, developer/business owner Ricky Douglas Deveny, age 52, pleaded guilty to federal wire fraud charges. His appearance this morning before United States District Judge Ozerden is the culmination of a federal investigation into fraudulent business and real estate activities conducted by Deveny from in or about June of 2005 until in or about November of 2006. Deveny was indicted by a federal grand jury in June of 2010, which charged him with intentionally devising and carrying out schemes to defraud and to obtain money or property from individuals and homeowners in Harrison and Hancock Counties. As part of this scheme, the indictment charged Deveny with creating numerous false and misleading real estate contracts in order to lure individuals into investing in his business, Sandstone Construction, Inc. In addition, the indictment alleged that Deveny promised victim homeowners that he would perform construction or home repair, charging and being paid various sums of money, and never performing the promised work. Many of these victims had suffered damage to their property as a result of Hurricane Katrina. Deveny is scheduled to be sentenced at 9:30 a.m. on January 27, 2011. This investigation was conducted by the FBI’s Jackson Field Office, Gulfport Resident Agency, and prosecuted by the Office of the United States Attorney for the Southern District of Mississippi. Press Releases | Jackson Home

FOLIO WEEKLY: REP. JOHN MICA a/k/a "JOHN LUIGI MICA" CAUGHT WITH LOBBYISTS IN DEBAUCHED ATMOSPHERE

FOLIO WEEKLY: Mica Caught with Rich Lobbyists in a "Debauched Atmosphere"

FOLIO WEEKLY: Mica Caught with Rich Lobbyists in a "Debauched Atmosphere"



JUVENILE FLORIDA REPUBLICAN CONGRESSMAN JOHN MICA HEAD-BUTTS ABC NEWS CAMERAMAN, ACCOMPANIED BY JUVENILE ENTOURAGE -- HOW MUCH DID THEY DRINK AT BACHANALIAN TOM DELAY LOBBYIST PARTY THAT NIGHT?

"Oooh, you hit me in the head,"- Mica says mockingly. "Don't hit me in the head again."


Mica Caught with Rich Lobbyists in a "Debauched Atmosphere"

by Anne Schindler

"Straight to Video,"
Editor's Note column by Anne Schindler,
Folio Weekly (Jacksonville, Florida),
September 16-22, 2008

Before you read this, I invite you to check out the 56-second video clip in question. It's posted on our blog (folioweekly.com/folioblog) and YouTubeJohn Mica"-). (search for "http://www.youtube.com/watch?v=WBhe7d36BHs

For those of you without an Internet connection, here's a brief description: In the footage, Republican Congressmember John Mica, who represents portions of Northeast Florida, is seen leaving a Minneapolis nightclub after a lavish convention-week party thrown by disgraced former House Leader Tom DeLay. An ABC News cameraman, who was covering Delay's return to the GOP fold, questions Mica about the event.
"Mr. Mica,"- he asks, "with Tom DeLay coming back--was it good to see Tom DeLay?"-
Mica doesn't respond. He quickly turns his back to the camera and asks some thuggish pals to screen him from view. One of them deliberately bumps the cameraman; another approaches with arms folded, shielding Mica. In the background, the lawmaker ducks and dodges, attempting to elude the camera. The ABC reporter persists. "I don't mean to pester you--I'm just curious with a couple questions."- At this point, Mica bends down and head-butts the underside of the video camera.

"Oooh, you hit me in the head,"- Mica says mockingly. "Don't hit me in the head again."-
The cameraman res ponds quickly. "I didn't do that, sir."- "I'll knock that thing out of your hand,"- Mica continues, shoving the lens with his hand.
"Don't touch my camera, sir,"- the reporter says. "Please don't touch my camera. Please don't touch my camera."-
At this point, Mica's thugs begin pushing and manhandling the cameraman, knocking his lens away with force. "Whoa, stop, man--I'm a journalist,"- the reporter stammers. "I'm on public property. Let go of my camera. I'm just a journalist!"-
The footage captures a brief shot of a Mica supporter summoning a police officer and pointing at the camera. "No, I didn't,"- the reporter can be heard saying. "Oh my God. Holy (expletive bleeped)."-

There are a lot of questions raised by this bizarre little video, but first among them has to be: Whatever happened to "No comment?" Though Mica told several news outlets that he felt threatened by the reporter, it's frankly impossible to believe him after watching the video. Mica and his minions are clearly in control. The lawmaker is surrounded by supporters, allies and meatheads unafraid of physical confrontation. The cameraman, meanwhile, is intimidated and bullied, unable to ask a simple question.

Another question might be: Why is Mica lying? The lawmaker has continued to insist that the cameraman hit him in the head. Not only did Mica make the allegation on the original film--albeit in a tone that borders on laughter--but he allowed his posse to accuse the newsman of assault, to a nearby cop. The cameraman wasn't arrested, but Mica has continued to claim he was the victim, not the other way around.

So why was Mica so skittish? Perhaps because of where he'd been. Dubbed "Ultra-Conservative Girls Gone Wild"- by a Minneapolis Star Tribune blog, the party at the slick Aqua Bar featured fat cigars, rich lobbyists and a somewhat debauched atmosphere. (According to the blog, Smash Mouth Steve Harwell invited hotties on stage and poured shots of Jägermeister and tequila into their mouths.) Sleazier by far was the presence of DeLay, who accepted tens of thousands of dollars in gifts from convicted super-lobbyist Jack Abramoff, and who was forced to resign after being indicted on conspiracy and money laundering charges.

An ordinary lawmaker might worry about how that kind of stuff plays at home--partying with an indicted powerbroker, head-butting a reporter. Fortunately for John Mica, he doesn't need to worry about such scrutiny. Orlando Sentinel political columnist Scott Maxwell called the incident funny, and vouched for Mica. "If he says the scene was a misunderstanding and that he didn't hit the camera, I'm prone to believe him."- He added, "I'll be honest: I don't wanna mess with Mica."-

The St. Augustine Record went further, climbing up in Mica's lap with an editorial so fawning and sycophantic, it's embarrassing to read. Titled, "Fine line between responsible and irresponsible journalism,"- the piece actually criticizes ABC as "unprofessional"- and repeats--without refutation--Mica's claim of "gotcha journalism."- All evidence to the contrary, the piece quotes Mica saying, "I love talking to the press."- The editorial added, obsequiously, "We know. He always responds to our calls and interviews."-
Painful as it is to reprint, here's the rest: "Mica believed that the incident was unintentional. But that's not the point. The point is irresponsible journalists give the rest of us a bad name."-

No, what truly gives the rest of us a bad name is the shamelessly uncritical eye of modern media, which has so forsaken the cause of accuracy and honesty that it's been supplanted by "The Daily Show."- The truth about Mica is clear to anyone who cares to open their eyes. But it's one piece of news you'll have to gather for yourself.







JOHN MICA, the soulless, spineless Tibet-junketing, news cameraman head-butting, earmarking, labor-baiting, offshore oil-drilling extremist -- is JOHN MICA a truly offensive, oleaginous politician, or what?

Here he is with his idol, President GEORGE W. BUSH, who publicly declared there are "talkers and doers" and that "JOHN MICA is a doer." He's done enough damage and does not deserve a ninth term.