No thanks to City "Manager" BRUCE MAX ROYLE, who had nothing to contribute all night, and who fell asleep at the dais at least once. It's time for him to go. Now.
Come speak out at St. Augustine Beach City Hall, 6 pm, Monday November 4, 2019.
The First Amendment deserves "breathing space."
Rev. Dr. Martin Luther King, Jr. called St. Augustine, Florida the "most lawless city in America" in 1964, resulting in the largest mass arrest of rabbis in American history.
Our First Amendment deserves "breathing space." NAACP v. Button, 371 U.S. 415, 433 (1963) New York Times. v. Sullivan, 3766 U.S. 254 (1974); Gasparinetti v. Kerr, 568 F.2d 311, 314-17 (3d Cir. 1977)(illegal restrictions on policemen’s First Amendment rights); Philadelphia Newspapers, Inc. v. Hepps, 479 767, 772, 777 (1986)(O’Connor, J.)(newspaper entitled to breathing space in defamation case); Hustler Magazine v. Falwell, 485 U.S. 46, 52, 56 (1988) (Rehnquist, J.) (magazine parody of TV preacher entitled to breathing space); Keefe v. Ganeakos, 418 F.2d 359, 362 (1st Cir. 1969)(Aldrich, C.J.)(chilling effect on First Amendment illegal suspension of teacher over Atlantic Monthly article on Vietnam War); Parducci v. Rutland, 316 F.Supp. 352, 355, 357 (M.D. Ala 1970)(Johnson, C.J.)(chilling effect in illegal firing of English teacher over Kurt Vonnegut’s Welcome to the Monkey House.
The itty-bitty city of St. Augustine Beach, Florida reminds me of a play I once saw, called "House Rules," about a horribly dysfunctional Florida family.
St. Augustine Beach "Mayors" rotate and are not elected by the residents.
Somnambulistic City "Manager" BRUCE MAX ROYLE and his willing accomplice, outgoing "Mayor" UNDINE CELESTE PAWLOWSKI GEORGE again wants to inflict "civility rules" that would be unconstitutional and "void for vagueness." https://cleanupcityofstaugustine.blogspot.com/2019/01/no-legal-defense-st-augustine-beach.html
One of two lawyers on Commission, Mayor George well knows the Reed v. Town of Gilbert case, which necessitated a rewrite of the City of St. Augustine Beach's unconstitutional sign code, which discriminated against political signs and limited candidates to only two weeks of sign-posting, a pro-incumbent rule run riot, about which I had warned since 2007.
Since 2015, in the Reed v. Town of Gilbert case, our U.S Supreme Court has required "strict scrutiny" of content-based free speech restrictions. Wikipedia explains, "Writing for a majority of the Court, Justice Clarence Thomas held that the town's sign ordinance imposed content-based restrictions that did not survive strict scrutiny because the ordinance was not narrowly tailored to further a compelling government interest. Justice Thomas also clarified that strict scrutiny should always be applied when a law is content-based on its face."
I find it odd that anyone would look to Sanibel, Florida for legal authority for its antique and unconstitutional rules adopted 12.5 years ago, on February 22, 2007, years before Reed v. Town of Gilbert.
The unconstitutional Sanibel "civility rules" that Mayor UNDINE GEORGE want to inflict, stating inter alia:
- "Speakers and debates should focus on issues, not on persons or personalities."
- "Anger, rudeness, ridicule, impatience and lack of respect for others are not acceptable behavior.
- " Demonstrations in support or opposition to a speaker or idea such as clapping, cheering, booing or hissing or intimidating body language are not permitted in Council Chambers or workshop facilities."
No constitutional law research was done on these rules as of Friday, close of business. When it's done, learned counsel, James Patrick Wilson and insurance defense lawyers, Susan Erdelyi and Denise May will advise:
- These rules are content-based restrictions on free speech that would be subjected to "strict scrutiny," do not advance a "compelling governmental interest," and would be struck down under Reed v. Town of Gilbert, Arizona, 576 U.S. ___ ; 135 S. Ct. 2218; 192 L. Ed. 2d 236; 2015 U.S. LEXIS 4061; 83 U.S.L.W. 4444 (2015).
- These rules don't advance a "compelling governmental interest.
- These rules are not "narrowly tailored." McCullen v. Coakley, 573 U.S. ___ (2014).
- These rules are highly subjective and what the Eleventh Circuit called a "standardless delegation" in Café Erotica of Florida, Inc. v. St. Johns County, 360 F.3d 1274 (11th Cir. 2004).
- These rules do not give the First Amendment its required "breathing space."
- These rules could lead to illegal ejection of citizens from meetings, resulting non civil rights liability under Lozman v. Riviera Beach, 585 U.S. ___ (2018)
Who needs lectures about "civility" by insecure, often-uncivil and shrill St. Augustine Beach Mayor UNDINE CELESTE PAWLOWSKI GEORGE?
Mayor GEORGE is the entitled:
Mayor GEORGE is the entitled:
- daughter of TRUMP CLUB leader and vote fraudster, Dr. MICHEL SERGE PAWLOWSKI, D.Sci. and
- wife of former Mayor of St. Augustine Beach EDWARD GEORGE.
- lawyer who allegedly intervened to cancel a Code Enforcement case involving her client, Norbert Tuseo. (They fix cases, don't they?)
"Civility rules."
How delightfully unconstitutional.
How impudently, imperiously, insolently pompous, pusillanimous and perverse -- hand me a script, ma'am,
People have a right to be angry.
People have a right to express their views without fear of censorship, or fear of ejection by bullies who misinterpret Florida statute on disrupting meetings, F.S. 871.01, which on remand Fane Loman's Washington, D.C. lawyers are arguing before the Eleventh Circuit is unconstitutional as applied.
The Supreme Court has gotten really tough on government violations of the First Amendment and viewpoint discrimination.
A small town like St. Augustine Beach must weigh the lively jurisprudence on the First Amendment before going off half-baked into the wild blue yonder of suppression of Freedom of Speech, likely betting futures budgets.
As Clint Eastwood once said, "Go ahead, make my day." You can adopt an illegal resolution, or even an ordinance, but you will NEVER have the last word. https://cleanupcityofstaugustine.blogspot.com/2019/01/no-legal-defense-st-augustine-beach.html
Ed Slavin easlavin@aol.comHide
To braddatz braddatz@cityofsab.org, comugeorge comugeorge@cityofsab.org, commkostka commkostka@cityofsab.org, commengland commengland@cityofsab.org, comdsamora comdsamora@cityofsab.org, comdrumrell comdrumrell@cityofsab.org, jpwilson jpwilson@cityofsab.org, jimwil03 jimwil03@nytimes.com, mroyle mroyle@cityofsab.org
Cc georgio georgio@folioweekly.com, pmarsh pmarsh@ausley.com, sunshine sunshine@floridafaf.org, pat.gleason pat.gleason@myfloridalegal.com, jack jack@naplesandspence.com, tomcushman tomcushman@bellsouth.net, megan.wall megan.wall@jaxlegalaid.org, sheplaw sheplaw@att.net, mills mills@law.ufl.edu, little little@law.ufl.edu, rosenbury rosenbury@law.ufl.edu, ankersen ankersen@law.ufl.edu, angelo angelo@law.ufl.edu, flournoy flournoy@law.ufl.edu, sheltonhull sheltonhull@gmail.com, rosenbury rosenbury@law.ufl.edu, sam sam@folioweekly.com, news news@historiccity.com, pgill70 pgill70@gmail.com, palmquist palmquist@comcast.net, news news@historiccity.com, ckelley ckelley@staugustine.com, aschindler aschindler@firstcoastnews.com, jessica.clark jessica.clark@firstcoastnews.com, news news@actionnewsjax.com, news news@firstcoastnews.com, waltbog waltbog@nytimes.com
20191101111917.pdf (76 KB)
Re: Request No. 2019-496: "Civility for public participation"
Dear St. Augustine Beach Mayor Undine Celeste Pawlowski George, Vice Mayor England, Commissioners Kostka, Samora and Rumrell, Messrs Wilson and Royle, Ms. Raddatz:
1. Where is the Florida and federal constitutional law research on this item?
2. If any exists, please send.
3. If none exists, please delete from agenda.
4. This item requires an ordinance and a public hearing, not a resolution.
5. The Sanibel policy is void for vagueness, has a chilling effect on free speech, and appears upon its face to be unAmerican and ill-advised?
6. If St. Augustine Beach were to adopt it, is it an invitation to a First Amendment lawsuit?
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com
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