FIRST AMENDMENT VIOLATIONS: CITY, UF PLOTTED TO BAN FREEDOM OF EXPRESSION FROM LORING PARK

October 20, 2016 UPDATE:
1. SIGNS VIOLATE CITY SIGN CODE AND NEVER APPROVED BY HISTORIC ARCHITECTURAL REVIEW BOARD (HARB).
2. City Code Enforcement is going to the scene of the violation. I will speak to HARB at 1 PM.
October 21, 2016 UPDATE:
1. City Planning and Building Director kept in the dark
2. Mayor Nancy Shaver and Commissioners kept in the dark
3. No response from City Manager, but all of these dumb 'ole e-mails were written on Mondays (staff meeting day)
October 23, 2016 UPDATE:
1. People indignant, coming to October 24, 2016 meeting at 5 PM, 75 King Street.
2. Our City Attorneys have worked with University of Florida's General Counsel to erect six (6) No Trespassing signs on a public park. In Burger v. Crocker, 392 S.W.2d 640 (Mo. App. 1965), the Missouri Court of Appeals held: "The law does not make a law office a nest of vipers in which to hatch out frauds and perjuries."

Local residents are scratching our heads about six (6) signs west of Government House.

West of Government House in Our Nation's Oldest City is Loring Park.

Loring Park has long been a public forum, owned by We, the People -- managed by the Board of Trustees of the Florida Internal Improvement  Trust Fund (the Governor and Cabinet).

Not any longer.

IF lawyers for the University of Florida and the City of St. Augustine are to be believed.

The University of Florida, plotting with lawyers for our itty-bitty City of St. Augustine, has erected six large expensive NO TRESPASSING signs.

In Bates v. City of St. Augustine (Bates I) in 2009, the City informed U.S. District Court Judge Marcia Morales Howard that Loring Park was an alternative venue for artists.

In the midst of mediation in Bates v. City of St. Augustine (Bates II), City lawyers hatched a plan to retaliate against artists: any form of freedom of expression is now banned, hesto presto in Loring Park, mutatis mutandis, by vote of the University of Florida Board of Trustees.

How gauche and louche.

UF BoT did it on an "emergency" basis.

Were any St. Augustine City Commissioners asked about this in advance?

Were any St. Augustine residents consulted?

When it comes to First Amendment violations, our local government mis-managers are experts.

Federal and state courts have repeatedly ruled against their reign of error.

Will supporters of these First Amendment violations be booted out of office?

Commissioners LEANNA FREEMAN, ROXANNE HORVATH, TODD NEVILLE and NANCY SIKES-KLINE refused to join Mayor Nancy Shaver in her request to discuss amending the City's anti-artist ordinances.

Commissioners LEANNA FREEMAN AND ROXANNE HORVATH are opposed by reform candidates Susan Rathbone and Ron Stafford, respectively.

Do you reckon this action by the City and UF violates the First, Ninth and Fourteenth Amendments to our United States Constitution?

Will the artists file a motion for contempt of court?

Will disciplinary complaints be filed with the Florida Bar against UF and City lawyers?

Will UF and the City of St. Augustine be investigated for criminal civil rights violations by the U.S. Department of Justice and the FBI?

Attached Message

From	Isabelle Lopez <ilopez@citystaug.com>
To	St. Augustine Public Records <recordsrequest@citystaug.com>
Subject	FW: West Garden Sign
Date	Wed, 19 Oct 2016 10:47:06 -0400

From: Isabelle Lopez
Sent: Friday, July 8, 2016 6:53 PM
To: Jennifer Wolfe <jwolfe@citystaug.com>
Subject: Fwd: West Garden Sign

I'll chat with you about it next week, and if they need to get HARB approval for them, although they are government signs (state of Fla)

Sent from my Verizon, Samsung Galaxy smartphone

-------- Original message --------

From: "Poppell, Ed" <poppell@UFL.EDU> 

Date: 7/8/16 4:56 PM (GMT-05:00) 

To: Isabelle Lopez <ilopez@citystaug.com> 

Subject: FW: West Garden Sign 

Isabelle...the sign...ed

Attached Message

From	Isabelle Lopez <ilopez@citystaug.com>
To	St. Augustine Public Records <recordsrequest@citystaug.com>
Subject	FW: St. Augustine
Date	Wed, 19 Oct 2016 10:46:49 -0400

From: Keith,Jamie Lewis [mailto:jlkeith@UFL.EDU]
Sent: Thursday, July 14, 2016 2:31 PM
To: Denise May <dmay@citystaug.com>; Poppell, Ed <poppell@UFL.EDU>
Cc: allsmail@aol.com; Isabelle Lopez <ilopez@citystaug.com>
Subject: RE: St. Augustine

Ed, I can discuss late this afternoon if you’d like.  Best, Jamie

Jamie Lewis Keith

Vice President, General Counsel and

University Secretary

University of Florida

Office of the Vice President, General Counsel and

University Secretary

123 Tigert Hall

P.O. Box 113125

Gainesville, Florida 32611-3125

(352) 392-1358 (telephone)

(352) 392-2792 (facsimile)

Note:  This communication may contain information that is legally protected from unauthorized disclosure and any applicable privileges and protections are not waived by the University. 

Also, any University of Florida affiliate communications may be protected from unauthorized disclosure, and any affiliate's applicable privileges and protections are not waived.  

If you are not the intended recipient, your review and use of this email may be prohibited; immediately delete this email from your computer and please notify the sender.  

From: Denise May [mailto:dmay@citystaug.com]
Sent: Thursday, July 14, 2016 2:27 PM
To: Poppell, Ed <poppell@UFL.EDU>
Cc: Keith,Jamie Lewis <jlkeith@UFL.EDU>; allsmail@aol.com; Isabelle Lopez <ilopez@citystaug.com>
Subject: FW: St. Augustine

Good afternoon Ed,

In order for the City to be able to enforce a charge of trespass on that site after hours the signage must meet the definition of “Posted land” under Fla. Stat. s. 810.011(5)(a) which includes 2 options one of which is the international orange colored sign which I do not believe is what UF is wanting to do.  In that instance it must meet 810.011(5)(a)1.  I have also attached case law indicating a court will not uphold a trespass if the property is not properly posted.  

810.011(5)(a)1 indicates signs must be placed not more than 500 feet apart AND at each corner of the boundaries of the land.  It must prominently state “No Trespassing” with name of owner all in 2 inch lettering.  

One suggestion would be to add the “No Trespassing” prominently at the top of the sign as it currently is and put owner or lessee name “UF Board of Trustees” along the bottom.  These could be placed at every path entry to the courtyard (i.e. facing Cathedral, facing King and facing Cordova).  

This will enable the City’s police to confidently trespass and continue to enforce city ordinances within the west plaza without the need for request from a manager or agent beforehand.

Let me know if you have any questions.

Thank you,

Denise C. May                                  

Assistant City Attorney

City of St. Augustine

          

75 King St.

P.O. Box 210

St. Augustine, FL 32085

(904) 825-1052 (office)

(904) 825-1096 (facsimile)

dmay@citystaug.com

Please Note: Florida has a very broad Public Records Law. Unless specifically exempt by state law, written communications to city officials or staff regarding official city business are public records available to the public and media upon request. If your email communication is related to official government business, it may therefore be subject to public disclosure.

From: Isabelle Lopez
Sent: Friday, July 08, 2016 6:29 PM
To: Denise May <dmay@citystaug.com>
Subject: Fwd: St. Augustine

Sent from my Verizon, Samsung Galaxy smartphone

-------- Original message --------

From: "Poppell, Ed" <poppell@UFL.EDU> 

Date: 7/8/16 4:55 PM (GMT-05:00) 

To: Isabelle Lopez <ilopez@citystaug.com> 

Cc: Allen Lastinger <allsmail@aol.com> 

Subject: FW: St. Augustine 

Isabelle…just wanted to follow up with you regarding the public forum issue you brought to my attention early this week…below you will see the proposed rule/regulation that I just received that UF will place into force as an emergency rule next week and later ratified by our UF Board of Trustees in Sept….we placed one sign today at the subject area that will announce our policy on the green space…later next week we will place a couple more signs of a more permeant nature…I will send a pic of the sign in a few minutes…I again want to thank you for you early alert and guidance on this issue…we are forever indebted to you…you have again reminded us of the wonderful partnership we have  in the Old City…have a great weekend and take the next 2 days off….…ed

Signs Being Posted on the Historic Properties:  

“Only For Use By Museum and Monument Visitors As Educational Historical Site, By UF Personnel and Invitees for UF Business, and By Others If and When UF Makes Paths Available But Only for Pedestrian Passthrough.”

Business Affairs Policy and ultimately UF Regulation (Sept. 2016 BOT meeting):

St. Augustine Historic Properties 

(1)    As used in this section, “UF St. Augustine historic district properties” means those parcels of real property within the City of St. Augustine, St. Johns County, Florida, that are subject to Lease Agreement #2734 between the State of Florida Board Trustees of the Internal Improvement Trust Fund, as Lessor, and the University of Florida Board of Trustees, as Lessee, as amended from time to time, a generic list of which properties is posted at [INSERT URL for UF Historic St. Augustine Inc.].

(2)    University of Florida and its direct support organization, UF Historic St. Augustine, Inc., control and operate UF St. Augustine historic district properties (comprising both unimproved and improved land and improvements) for educational, research and historic preservation purposes pursuant to Florida Statute, sections 267.1735 and 267.1736, and within the educational and research mission of the University.  

(3)    This regulation confirms the University’s intent from the commencement of its control and operations of the UF St. Augustine Historic properties is (a) to use the properties only for the purposes described in paragraph (2), which include but are not limited to the related education of visitors to the properties, the related research, education and other University mission-tied activities and business of the University and its employees, students, agents, volunteers, and invitees whom the University assigns or invites to the properties, and to the extent determined by the University not to interfere with the purposes for which the properties are operated, at the University’s sole discretion, for activities to raise revenues in support of these purposes and for pedestrian or other public convenience, and (b) to not create or maintain a public forum of any kind on the properties, including but not limited to a forum for assembly, speech or expression. 

(4)    If the University should determine, on a particular occasion and for a particular purpose, to create a limited, public forum, the University shall formally communicate its intent to do so, stating with specificity the occasion, purpose, time and location of the forum.  Any such forum shall be temporary and limited in nature.

Attached Message

From	Isabelle Lopez <ilopez@citystaug.com>
To	St. Augustine Public Records <recordsrequest@citystaug.com>
Subject	FW: St. Augustine
Date	Wed, 19 Oct 2016 10:46:29 -0400

From: Poppell, Ed [mailto:poppell@UFL.EDU]
Sent: Thursday, July 14, 2016 2:47 PM
To: Denise May <dmay@citystaug.com>
Cc: Keith,Jamie Lewis <jlkeith@UFL.EDU>; allsmail@aol.com; Isabelle Lopez <ilopez@citystaug.com>
Subject: RE: St. Augustine

Denise…nice hearing from you….thanks for the info below and Jamie and I will discuss later today…just wanted to let you know that our signs originally contained the “no trespass” language and we had them at all four(4) corners of the green space…as we reviewed this, it was somewhat confusing and uninviting to have these signs at the numerous public sidewalks in this area….it appears totally out of place and for sure not very welcoming ….with that I suggested we not use the confusing language and not place so many signs….hope you understand our position with this and how it will appear to the public….again we will discuss this in light of your advice but I hope we can find some compromise that meets the spirit of the law and is not too offensive to the general public crossing our properties….take care and again thanks ….ed

From: Denise May [mailto:dmay@citystaug.com]
Sent: Thursday, July 14, 2016 2:27 PM
To: Poppell, Ed <poppell@UFL.EDU>
Cc: Keith,Jamie Lewis <jlkeith@UFL.EDU>; allsmail@aol.com; Isabelle Lopez <ilopez@citystaug.com>
Subject: FW: St. Augustine

Good afternoon Ed,

In order for the City to be able to enforce a charge of trespass on that site after hours the signage must meet the definition of “Posted land” under Fla. Stat. s. 810.011(5)(a) which includes 2 options one of which is the international orange colored sign which I do not believe is what UF is wanting to do.  In that instance it must meet 810.011(5)(a)1.  I have also attached case law indicating a court will not uphold a trespass if the property is not properly posted.  

810.011(5)(a)1 indicates signs must be placed not more than 500 feet apart AND at each corner of the boundaries of the land.  It must prominently state “No Trespassing” with name of owner all in 2 inch lettering.  

One suggestion would be to add the “No Trespassing” prominently at the top of the sign as it currently is and put owner or lessee name “UF Board of Trustees” along the bottom.  These could be placed at every path entry to the courtyard (i.e. facing Cathedral, facing King and facing Cordova).  

This will enable the City’s police to confidently trespass and continue to enforce city ordinances within the west plaza without the need for request from a manager or agent beforehand.

Let me know if you have any questions.

Thank you,

Denise C. May                                  

Assistant City Attorney

City of St. Augustine

          

75 King St.

P.O. Box 210

St. Augustine, FL 32085

(904) 825-1052 (office)

(904) 825-1096 (facsimile)

dmay@citystaug.com

Please Note: Florida has a very broad Public Records Law. Unless specifically exempt by state law, written communications to city officials or staff regarding official city business are public records available to the public and media upon request. If your email communication is related to official government business, it may therefore be subject to public disclosure.

From: Isabelle Lopez
Sent: Friday, July 08, 2016 6:29 PM
To: Denise May <dmay@citystaug.com>
Subject: Fwd: St. Augustine

Sent from my Verizon, Samsung Galaxy smartphone

-------- Original message --------

From: "Poppell, Ed" <poppell@UFL.EDU> 

Date: 7/8/16 4:55 PM (GMT-05:00) 

To: Isabelle Lopez <ilopez@citystaug.com> 

Cc: Allen Lastinger <allsmail@aol.com> 

Subject: FW: St. Augustine 

Isabelle…just wanted to follow up with you regarding the public forum issue you brought to my attention early this week…below you will see the proposed rule/regulation that I just received that UF will place into force as an emergency rule next week and later ratified by our UF Board of Trustees in Sept….we placed one sign today at the subject area that will announce our policy on the green space…later next week we will place a couple more signs of a more permeant nature…I will send a pic of the sign in a few minutes…I again want to thank you for you early alert and guidance on this issue…we are forever indebted to you…you have again reminded us of the wonderful partnership we have  in the Old City…have a great weekend and take the next 2 days off….…ed

Signs Being Posted on the Historic Properties:  

“Only For Use By Museum and Monument Visitors As Educational Historical Site, By UF Personnel and Invitees for UF Business, and By Others If and When UF Makes Paths Available But Only for Pedestrian Passthrough.”

Business Affairs Policy and ultimately UF Regulation (Sept. 2016 BOT meeting):

St. Augustine Historic Properties 

(1)    As used in this section, “UF St. Augustine historic district properties” means those parcels of real property within the City of St. Augustine, St. Johns County, Florida, that are subject to Lease Agreement #2734 between the State of Florida Board Trustees of the Internal Improvement Trust Fund, as Lessor, and the University of Florida Board of Trustees, as Lessee, as amended from time to time, a generic list of which properties is posted at [INSERT URL for UF Historic St. Augustine Inc.].

(2)    University of Florida and its direct support organization, UF Historic St. Augustine, Inc., control and operate UF St. Augustine historic district properties (comprising both unimproved and improved land and improvements) for educational, research and historic preservation purposes pursuant to Florida Statute, sections 267.1735 and 267.1736, and within the educational and research mission of the University.  

(3)    This regulation confirms the University’s intent from the commencement of its control and operations of the UF St. Augustine Historic properties is (a) to use the properties only for the purposes described in paragraph (2), which include but are not limited to the related education of visitors to the properties, the related research, education and other University mission-tied activities and business of the University and its employees, students, agents, volunteers, and invitees whom the University assigns or invites to the properties, and to the extent determined by the University not to interfere with the purposes for which the properties are operated, at the University’s sole discretion, for activities to raise revenues in support of these purposes and for pedestrian or other public convenience, and (b) to not create or maintain a public forum of any kind on the properties, including but not limited to a forum for assembly, speech or expression. 

(4)    If the University should determine, on a particular occasion and for a particular purpose, to create a limited, public forum, the University shall formally communicate its intent to do so, stating with specificity the occasion, purpose, time and location of the forum.  Any such forum shall be temporary and limited in nature.

Attached Message

From	Isabelle Lopez <ilopez@citystaug.com>
To	St. Augustine Public Records <recordsrequest@citystaug.com>
Subject	FW: West Garden Sign
Date	Wed, 19 Oct 2016 10:45:53 -0400

Also found this; I’m not sure if it is responsive to the email you received.

From: Poppell, Ed [mailto:poppell@UFL.EDU]
Sent: Thursday, July 21, 2016 8:56 PM
To: Isabelle Lopez <ilopez@citystaug.com>
Subject: RE: West Garden Sign

Isabelle…again thanks for the input…I am pondering all the advice I am getting and really like the simplicity of what you are saying and how its presented. While I remain hesitant about the No Trespass wording, I understand…thanks so much..ed

From: Isabelle Lopez [mailto:ilopez@citystaug.com]
Sent: Thursday, July 21, 2016 9:59 AM
To: Poppell, Ed <poppell@UFL.EDU>
Subject: RE: West Garden Sign

Ed, I think your counsel has set a teleconf with Denise, and we’ll give her whatever guidance she needs, but frankly, it would meet statute if you had 3 signs (one at the sidewalk entrance on King, another on Cordova and the third on Cathedral), 3 feet off the ground, placed in front of your vegetation if you like, in nature blending colors, just big enough to have No Trespassing in 2 inch font, with one line below that in smaller font saying “except for pedestrian pass through” and “University of Florida” .  It doesn’t need to have your entire policy on there, it can, and should be, pretty, nature blending (browns, greens, beige).

From: Poppell, Ed [mailto:poppell@UFL.EDU]
Sent: Monday, July 18, 2016 7:42 PM
To: Isabelle Lopez
Cc: Denise May
Subject: RE: West Garden Sign

Thanks Isabelle…Jamie was going to give you a call regarding some other approaches but I do like the very small sign with time frames that limit seem to limit the confusion for mere visitors and peds…ed

From: Isabelle Lopez [mailto:ilopez@citystaug.com]
Sent: Monday, July 18, 2016 2:11 PM
To: Poppell, Ed <poppell@UFL.EDU>
Cc: Denise May <dmay@citystaug.com>
Subject: RE: West Garden Sign

Ed you may want to consider a more minimalist sign like the ones we have at the VIC (attached) that are quite small, basically the width of my hand, but contain the "no trespass" language for anything other than pedestrian passage.

Sent from my Verizon, Samsung Galaxy smartphone

-------- Original message --------

From: "Poppell, Ed" <poppell@UFL.EDU> 

Date: 7/8/16 4:56 PM (GMT-05:00) 

To: Isabelle Lopez <ilopez@citystaug.com> 

Subject: FW: West Garden Sign 

-------- Original message --------

From: "Poppell, Ed" <poppell@UFL.EDU> 

Date: 7/8/16 4:56 PM (GMT-05:00) 

To: Isabelle Lopez <ilopez@citystaug.com> 

Subject: FW: West Garden Sign 

Isabelle...the sign...ed

Attached Message

From	Isabelle Lopez <ilopez@citystaug.com>
To	St. Augustine Public Records <recordsrequest@citystaug.com>
Subject	FW: UF Administrative Memo: University of Florida Regulation
Date	Wed, 19 Oct 2016 10:44:31 -0400

This is what I could quickly find within 15 minutes that did not require an extensive search of our email system.

From: Poppell, Ed [mailto:poppell@UFL.EDU]
Sent: Thursday, September 15, 2016 11:36 AM
To: Triay,William Anthony <btriay@UFL.EDU>; Dixon,Linda B <ldixon@UFL.EDU>; Allen Lastinger <allsmail@aol.com>; Lucy Fountain <lfountain@citystaug.com>; John Regan <jregan@citystaug.com>; Isabelle Lopez <ilopez@citystaug.com>
Subject: FW: UF Administrative Memo: University of Florida Regulation

Gang…below is the new regulation governing the properties in SA…its now final and all approved by the Trustees…ed

Regulation can be found here: http://regulations.ufl.edu/wp-content/uploads/2012/09/2023.2016.pdf

  1 Attached Images