From: Ed Slavin
Sent: Sun, Apr 2, 2017 9:13 pm
Subject: Retaliatory City of St. Augustine Beach public comment restriction proposal is unconstitutional; Request No. 2017-167 re; Public comment procedure research, drafts, and marked-up proposal showing all changes --
United States v. Matchett, 802 F.3d 1185 (11th Cir. 2015), en banc reh'g denied (2016) Judge Julie Carnes and William Pryor conncurence slip op. at 9-10:, http://media.ca11.uscourts.gov/opinions/pub/files/201410396.ord.pdf, ;The vagueness doctrine states that “a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law.” Connally v. Gen. Constr. Co., 269 U.S. 385, 391 (1926). As the decisions of the Supreme Court make clear, the vagueness doctrine applies only to laws that regulate private conduct—laws that define crimes, e.g., City of Chicago v. Morales, 527 U.S. 41 (1999); Kolender v. Lawson, 461 U.S. 352 (1983); Colautti v. Franklin, 439 U.S. 379 (1979); Smith v. Goguen, 415 U.S. 566 (1974); Papachristou v. City of Jacksonville, 405 U.S. 156 (1972); Winters v. New York, 333 U.S. 507 (1948); Lanzetta v. New Jersey, 306 U.S. 451 (1939); Cline v. Frink Dairy Co., 274 U.S. 445 (1927); United States v. L. Cohen Grocery Co., 255 U.S. 81 (1921); Int’l Harvester Co. of Am. v. Kentucky, 234 U.S. 216 (1914); laws that fix sentences, e.g., Johnson v. United States, 135 S. Ct. 2551 (2015); laws that restrict speech, e.g., FCC v. Fox Television Stations, Inc., 132 S. Ct. 2307 (2012); Gentile v. State Bar of Nevada, 501 U.S. 1030 (1991); Keyishian v. Bd. of Regents of Univ. of State of N.Y., 385 U.S. 589 (1967); Baggett v. Bullitt, 377 U.S. 360 (1964); Cramp v. Bd. of Pub. Instruction of Orange Cty., 368 U.S. 278 (1961); and laws that regulate businesses, e.g., A.B. Small Co. v. Am. Sugar Ref. Co., 267 U.S. 233 (1925).The vagueness doctrine reflects two “connected but discrete” concerns: notice and arbitrary enforcement. Fox Television Stations, 132 S. Ct. at 2317. Notice means that a law does not “give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.” Grayned v. City of Rockford, 408 U.S. 104, 108 (1972). Arbitrary enforcement means that a law leaves government actors “free to decide, without any legally fixed standards, what is prohibited and what is not in each particular case.” Giaccio v. Pennsylvania, 382 U.S. 399, 402–03 (1966).
Thank you.A. Threaten to criminalize dissent, with a vague provision that dissenters "may be removed for disrupting a public assembly pursuant to chapter 871. 01"; see Celli v. City of St. Augustine, 214 F. Supp. 2d 1255 (M.D. Fla. 2000)($23,500 damages upheld for four hour First Amendment violation in suppressing "St. Aug Dog" newspaper on St. George Street); Laird v. Tatum, 408 U.S. 1, 12-13 (1972) ("[G]overnmental action may be subject to constitutional challenge even though it has only an indirect effect on the exercise of First Amendment rights."); American Communications Ass'n, C.I.O. v. Douds, 339 U.S. 382, 402 (1950) ("[T]he fact that no direct restraint or punishment is imposed upon speech or assembly does not determine the free speech question. Under some circumstances, indirect `discouragements' undoubtedly have the same coercive effect upon the exercise of First Amendment rights as imprisonment, fines, injunctions, or taxes."). What is the effect of F.S. 768.695 on any F.S. 871.01 police report of protected activity resulting in exclusion by the Mayor of St. Augustine Beach from a public meeting? Have you researched it?B. Chill, coerce and intimidate citizens' right to speak their minds and have government officials conduct themselves in a civil, courteous, decorous fashion, without fear or favor of Mayor O'Brien and other developers, FPL or political factions like the St. Augustine Beach Civic Association.C. Increase mistrust in government when the City of St. Augustine Beach has attacked free speech, and Mayor Richard O'Brien testified that Police Chief Robert Hardwick told him to seek an injunction against citizen Thomas Fr. Reynolds, Jr., an effort that was rejected by Circuit Court Judge Howard O'McGillin at a December 7, 2016 hearing.D. Attempt to divert attention from questions about possible fraud, waste, abuse, misfeasance, malfeasance, nonfeasance and mismanagement. What is Mayor O'Brien trying to conceal but his own family business property's alleged water pollution crimes and other unethical, illegal or wasteful practices in St. Augustine Beach?
From: Jim Wilson <email@example.com>
To: Ed Slavin <firstname.lastname@example.org>
Sent: Fri, Mar 31, 2017 2:05 pm
Subject: Re: Request No. 2017-167: Public comment procedure research, drafts, and marked-up proposal showing all changes
Sent: Friday, March 31, 2017 10:35:32 AM
To: Jim Wilson; Max Royle
Cc: Comm Kostka; email@example.com
Subject: Request No. 2017-167: Public comment procedure research, drafts, and marked-up proposal showing all changes