NO TRESPASSING SIGNS REMOVED FROM LORING PARK -- UF PUT THEM THERE AT CITY ATTORNEY's REQUEST

Another day, another victory, and another superficial inaccurate St. Augustine Record article.
I wrote UF and Governor Scott (see below) and first raised this issue October 19, 2016 in this blog, at HARB and at St. Augustine City Commission.  Please see my general public comment and comment on item 7D at 22:20 of St. Augustine Historic Architectural Review Board October 20, 2016 and general public comment at City Commission meeting on October 24, 2016. www.cosatv.com
Mayor Shaver and City Manager John Regan called UF, getting signs removed, which signs were erected at the request of maladroit City Attorney Isabelle Lopez, violating the First Amendment.
The Record quotes embattled Commissioner LEANNA FREEMAN claiming she called UF after receiving a telephone call; it quotes Assistant City Manager TIMOTHY BURCHFIELD and UF's EDWARD POPPELL, but not counsel for the visual artists the signs were intended to exclude.
My Open Records requests divulged the truth, but the Record won't report what the documents say (and never interviewed me).
UF is still acting as if it owns the park.
Expect a federal court to rule on it, because it's still a First Amendment violation.
Count on the Record to cover up the truth.

Posted October 31, 2016 06:31 am
By SHELDON GARDNER sheldon.gardner@staugustine.com
No trespassing signs cause stir at park in St. Augustine

University of Florida officials have reversed a decision to place no trespassing signs at a downtown St. Augustine park after getting pushback.

Recently, several of the signs were posted in a park on the west side of Government House, which was an attempt by the university’s board of trustees to limit unwanted use of the property, said Ed Poppell, a former vice president at the university.

Poppell is now a liaison to a university board.

The signs read, “No Trespassing. 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. University of Florida Board of Trustees.”

The signs caused concern, and apparently some confusion, among the public.

After getting a call about the signs, Commissioner Leanna Freeman said she asked the city attorney and city manager to ask the University of Florida to remove the signs.

“There are other ways to handle whatever their enforcement concerns may be,” Freeman said.

She said it’s her understanding the university was trying to proactively prevent any misuse of the property, but she doesn’t know of any issue that prompted it.

The property is owned by the state of Florida and managed and controlled by the University of Florida, said Tim Burchfield, assistant city manager. He said the city doesn’t have control over the property, and would only get involved on the property for police enforcement if necessary.

But he also said the intent of the university was not to keep people from the property, and Poppell agreed.

“I am so sorry this happened,” Poppell said. “It was not our intent to send this message with no trespassing because the wording underneath it explained it. I get that the no trespassing was somewhat, ‘Wow.’”

Poppell said one sign will remain that will clarify the university’s intent with the land, but won’t include no trespassing.

When asked why the signs were put up in the first place, Poppell said, “Under the lease with the university, we wanted those properties to be consistent with the properties that are under that lease with the state. … while we allow public assembly, it’s programmed public assembly and our lands are not the same as maybe a municipality or other governmental agency, and so we — our board of trustees — passed that consistent regulation.”

The rule change came in September, he said.

“What the university has here is we put up signs that probably we shouldn’t have. We’re sorry. And we have taken them away. We want people to come there and picnic and enjoy that green space, but understanding that we reserve the right to program it.”

Poppell said the university will have events there such as weddings, “but it can’t be ridiculous. We don’t want a car dealer selling his cars [there].”

He also said the university, as with its other lands and campus, wants to remain neutral, and doesn’t want unprogrammed public assembly and other events on the space. There are other public venues for that nearby, he said.

The university is trying to conform regulations on the land it manages like those on the university campus to bring consistency, he said.

“We’re trying to do the right thing,” he said. “We missed the mark.”

4 Comments

Jack (sponger) Harvell
"We missed the mark"? I'll say...
ReplyShare+2

Kate Mullet
“It was not our intent to send this message with no trespassing.." said Poppell, and in the next line, "He also said the university doesn’t want unprogrammed public assembly ... on the space."

So which is it?!
ReplyShare+2

Susan Attinson
The sign needed a sign next to it that offered translation. I read it three times and didn't get it. "In other words, ignore this sign unless instructed otherwise."
ReplyShare+1

Adam McAlmont
I would strongly question whether a state property—that has been an open, public venue for over a hundred years (when Cathedral Street was extended to Cordova, and the public fountain was built)—can be turned into a "programmed" commercial venue without public input.


------
From this blog, October 24, 2016:
GOVERNOR SCOTT, TAKE DOWN THESE SIGNS: NO TRESPASSING SIGNS ON OUR LORING PARK: Asking Governor Scott's Chief Inspector General

What rough beasts would purport to privatize a public park?  City Attorneys persuaded the University of Florida to violate citizens' rights to peaceful, quiet enjoyment of Loring Park.  My October 24, 2016 e-mail to Governor Rick Scott and his Chief Inspector General and the University of Florida:


-----Original Message-----
From: Ed Slavin 
To: jysikes ; scottopengov ; cig 
Cc: nshaver ; rhorvath ; nsikeskline ; lfreeman ; tneville ; 
Sent: Mon, Oct 24, 2016 9:46 am
Subject: Request No. 2016-425: Mandatory F.S. 253.034 Management Plan for General Wm. Loring Park, west of Government House in St. Augustine; CIG Investigation Request

Dear Governor Scott, Ms. Sikes and Ms. Miguel:

1. Please send me today by e-mail the mandatory F.S. 253.034 Ten Year Management Plan for our General William W. Loring Park, located west of our Government House here in St. Augustine.

2. Owned by our State of Florida Internal Improvements Trust Fund in trust for all of the people of the State of Florida, our St. Augustine General William W. Loring Park is a longtime public park, where our University of Florida Board of Trustees (UF BoT) recently erected six (6) "No Trespassing" signs.

3. What an unwelcome sign to our many visitors, from all over the world, only one month before our Nights of Lights (and our peak tourist season) and after surviving Hurricane Matthew.  The members of the "Gang" -- in the words of UF's Edward Poppel -- responsible for these signs have no respect for the rule of law or for our cherished civil and constitutional rights as Americans.

4. This "Gang['s]" overt acts are illegal, unconstitutional, unAmerican activities, ultra vires under both F.S. 253.034 and F.S. 267.1655 and utterly unconscionable. Posting "No Trespassing " signs on Loring Park is both a civil rights violation and a public relations disaster, one perpetrated by UF BoT as an "emergency" measure -- a solution to a nonexistent problem --  at the request and behest of our St. Augustine City Attorney, Isabelle Christine Lopez.

5. There was no advance public discussion or approval by the St. Augustine City Commission or any public discussion or notice.

6. UF BoT purportedly privatized a public park in violation of the First, Ninth and Fourteenth Amendments to the United Stats Constitution, without basis in constitutional law, and for the express purpose of abolishing and ending a public forum and infringing on freedom of expression.  The e-mails prove it.  See below.

7. By this e-mail, I hereby respectfully request that the Honorable Melinda M. Miguel, our Florida Governor's Chief Inspector General, kindly investigate this civil rights violation, fraud, waste, mismanagement and misconduct pursuant to F.S. 14.32 and 20.055.

8. Governor Scott, please place this on the agenda for the next meeting of our Governor and Cabinet, acting as the Trustees of the Florida Internal Improvements Trust Fund, as an "emergency" item tomorrow morning, October 25, 2016 at 9 AM.

9. Governor Scott, please take down these signs.
Thank you.

With kindest regards, I am,

Sincerely yours,

Ed Slavin

904-377-4998

www.cleanupcityofstaugustine.blogspot.com

www.edslavin.com

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