In secret, behind locked gates, our Nation's Oldest City dumped a landfill in a lake (Old City Reservoir), while emitting sewage in our rivers and salt marsh. Organized citizens exposed and defeated pollution, racism and cronyism. We elected a new Mayor. We're transforming our City -- advanced citizenship. Ask questions. Make disclosures. Demand answers. Be involved. Expect democracy. Report and expose corruption. Smile! Help enact a St. Augustine National Park and Seashore. We shall overcome!
Thursday, July 30, 2020
Wednesday, July 29, 2020
Pouty Trump-loving St. Johns County Sheriff's Candidates Are BOTH Prima Donnas -- I Volunteer to Moderate "Debates"
Emails detail a sheriff’s debate that never came to be
@Matt_BruceDBNJ
Tensions between the campaigns of St. Johns County sheriff’s candidates Robert Hardwick and longtime sheriff’s deputy Chris Strickland were on full display during a July 15 debate.
Outgoing Sheriff David Shoar was involved in a verbal altercation with Strickland supporters during the event, and Strickland stormed out of the St. Augustine Shriner’s Club midway through.
But days before that dust-up occurred, friction between Strickland and Hardwick’s camps was already brewing behind the scenes of another debate.
The Ponte Vedra and Nocatee Republican clubs co-hosted a candidate forum last week at the Ponte Vedra Concert Hall. It was originally billed as a face-off between Strickland and Hardwick, who will battle in the Republican primary Aug. 18.
But Strickland did not show up for the July 23 event, prompting organizers to make an eleventh-hour format change, switching the event to a town hall forum for GOP candidates in the sheriff, county commission and local U.S. House of Representatives races.
Strickland released a July 23 statement on Facebook, saying his campaign team never committed to appear because they couldn’t come to terms with organizers on the moderator for the debate. He also questioned the Hardwick campaign’s sway over the event and said he would have gladly attended if he was “guaranteed a level playing field.”
St. Johns County Republican Club chairman Brandon Patty responded to Strickland in a statement of his own the same day, taking “strong issue with his claim that the debate would have been unfair or an unlevel playing field.” Patty demanded an apology and called for Strickland to retract his allegations.
“The Republican Party, and our chartered clubs, are neutral and treat each candidate the same, respectfully and fairly, in contested Republican primaries,” Patty wrote.
Emails obtained by The Record between show how negotiations between event organizers and Hardwick and Strickland’s respective campaign advisers broke down because the two camps couldn’t agree to terms for a second debate moderator.
What the e-mails say
The winner of next month’s primary faces write-in candidate Scott Boutwell in the Nov. 3 general election for the right to take the reins from Shoar, who is stepping down after 16 years as St. Johns County’s top lawman.
Lauren Blocker, secretary of the Ponte Vedra Republican Club, initiated the communications in late June. She had separate phone conversations with Peret Pass and Tom Verri – the respective campaign advisors for Hardwick and Strickland. During her initial telephone discussions, Blocker offered both candidates the option of reviewing the questions before the debate. She also discussed with Verri the idea of a second moderator.
Following those preliminary talks, a string of group emails began June 26 that included Blocker, Pass, Verri and Nocatee Republican Club vice president Angelica Gross.
Blocker reached out to the respective campaigns to confirm July 23 as the date for the debate. She told Pass and Verri that Meagan Perkins, who serves on the county’s Planning & Zoning Agency, had agreed to moderate the event.
Perkins was offered as a neutral moderator. Neither Verri nor Pass had issues with her hosting the debate.
Blocker, who is the wife of St. Johns County Commissioner Jerremiah Blocker, donated $1,000 to Hardwick’s campaign on the day he filed in September 2019, election records indicate. She said she told Verri she was a personal supporter of Hardwick during their initial conversation for transparency’s sake. Gross said that was a reason she took the lead on negotiations later during the process.
But the first signs of trouble came July 7 when Gross emailed both campaigns about a promotional flyer for the debate. There were few qualms with the flyer, but Verri responded saying he wanted Catie Marks Griggs, a local property manager and marketing exec, to be the second moderator for Strickland’s team. Pass replied to Verri’s email, saying Hardwick’s campaign team did “not approve of the addition of one of Mr. Strickland’s largest supporters as a moderator.”
Gross, in a subsequent email, said she and Blocker had already discussed it and felt a second moderator was no longer needed because candidates were being given the debate questions ahead of time.
Pass said Tuesday event organizers had never discussed the idea of a second moderator with her. Gross and Blocker said that idea was never set in stone, indicating it was an idea Verri suggested during his initial conversation with Blocker.
Blocker said she would discuss it with the Nocatee club. But Gross said that was during the very preliminary planning stages and organizers later decided against it. Both she and Blocker said they never committed to that term.
“We only had one podium at the venue,” Gross explained Tuesday. “I also didn’t want any intimidation factor from either candidate because I knew that things were already heated. So I said, ‘No, let’s just provide a fair, unbiased moderator who hasn’t either publicly endorsed anyone or financially contributed to either campaign.’”
Verri, however, said Tuesday he was always under the impression there would be multiple moderators based on his first conversation with Blocker. In a July 8 email, he reiterated his demand for a second moderator, while taking a jab at Pass for shooting down the idea.
“If we’re going to start pointing fingers at who is a supporter we might as well go down the campaign donation list,” he wrote. “I’m not gonna sit here and go back-and-forth naming names. We all know who gave to whom. I think we can have a fair and balanced debate. We will go with two moderators. That to me is the fairest way.”
Pass responded to Verri’s email hours later, pointing at Strickland’s absence from several debate forums.
“If your campaign had held on your previous commitments to appear, you would have seen that each opportunity has not only been a fair setting, but more importantly an opportunity to engage with citizens of this great county,” she wrote. “Thank you also for pointing out our vast list of support. We are incredibly humbled by the support we have received thus far and continue to receive daily.”
Gross sought to diffuse the brewing tension and salvage the debate. She interjected urging Verri and Pass to focus on finding agreeable terms.
“We need to find a solution to this miniscule problem and if we can’t, the optics will be detrimental to Republican candidates and WILL be used against us,” she wrote in a July 8 email. “So lets step up and offer solutions.”
Blocker said Verri called her after the July 8 exchange and floated local attorney Erika Alba as a possible moderator. He later called her back after discussing the issue with Strickland’s campaign team and said the moderator had to be Marks Griggs or they would cancel, Blocker said.
The negotiations reached an impasse at that point.
“To confirm, Mr. Strickland is not willing to attend the debate unless Catie Griggs is a moderator,” Blocker wrote in a July 8 group email. “The Hardwick campaign does not agree to this selection.
“Both clubs are willing to consider a mutually agreeable moderator if either campaign changes their minds.”
Following the highly publicized turmoil involving outgoing sheriff David Shoar at the July 15 debate event, Strickland publicly stated he would not be participating in any more debates. He accussed Shoar, who is endorsing Hardwick, of “weaponizing the Sheriff’s Office” and claimed it was a safety hazard to attend any more such events, fearing it would be a repeat of that fracas.
But Gross said he never formally canceled his appearance at their event. Organizers for the two Republican clubs pledged to still hold the event for their 650 members.
“I am hearing through many sources that you are under the impression Chris Strickland will be at this event coming up,” Verri wrote in a private email to Gross on July 17. “I’m not sure what was ambiguous about our last email where we mentioned we would not be attending. But I wanted to reach out to you and let you know Chris Strickland will not be attending this event. I thought you knew that after we were unable to come to an agreement on the moderators. This is not Chris backing out to be clear. While we agreed-upon this in the first place, nothing was ever finalized because we could not iron out the final terms regarding the moderation.”
Gross reached out to Verri on July 20. She extended an olive branch, offering to change the moderator to Patty, the St. Johns County Republican Party chair.
“Canceling is NOT an option and they will hold us accountable,” she wrote. “All of our reputations are on the line.”
Verri responded to her the following day, reiterating that he already made Strickland’s intentions clear.
“I’m trying to understand why there’s still a misunderstanding about our participation in this event,” he wrote. “Two weeks ago I informed you we would not be attending after our moderator was rejected. Once again, initially my understanding was there would be two moderators and we would be able to submit one. We did so and and requested Catie Marks (Griggs). Peret Pass then rejected Ms. Marks (Griggs). At that point I believe I indicated that we would not be participating. That’s still stands and that is our position.”
Gross replied saying Verri was sending her mixed messages and chiding him for making no attempts to compromise.
“In the same paragraph you’re saying that you aren’t attending but that you aren’t backing out,” Gross told Verri. “This is contradictory so how am I supposed to decipher that? I do not consider that a formal cancellation to a confirmed event.”
Gross again offered to replace Perkins, who was still the slated moderator, with any substitute both camps could agree on.
“You’re essentially saying that it’s your way or nothing,” she wrote. “That is in no way attempting to come to an agreement; especially since I’ve repeatedly asked you for objections and you haven’t responded with ANY.”
Verri doubled down on his demand for Marks Griggs, while quibbling over whether it was a cancellation by Strickland.
“Somewhere along the line , someone arbitrarily decided two (moderators) were not necessary,” he wrote July 21. “Please don’t mince words. We never agreed to attend because the details were never worked out. That is not the same as backing out or not showing up. On behalf of the campaign, there will be no further comment on this.”
On the eve of the debate, Gross acquiesced Verri’s demand, telling him he could bring any moderator Strickland wanted as a last ditch effort to salvage to debate.
Verri rejected the offer. Gross said he finally gave a formal cancellation over the phone the morning of the debate.
Organizers quickly transitioned, reformatting the event hours before the start and switching it to a town hall forum for the invited candidates.
Organizers said at least 150 people attended. Public Defender hopefuls George Burden, Anne Marie Gennusa and Matt Metz engaged in a mini debate, as did County commission candidates Christian Whitehurst and Jimmy Johns. Candidates in several other races introduced themselves to the crowd. Hardwick answered questions for about 45 minutes, organizers said.
Pass said she organizers never discussed a second moderator with her. She only learned of it Verri made mention in his emails. She said Hardwick’s campaign laid out no terms for the debate. Pass said they simply agreed to date and committed to attend the debate.
“We didn’t even ask for the questions ahead of time,” she said. “We didn’t really care. We just wanted to be there and answer the questions like we’ve been at the other five debates.”
Strickland’s No-Shows
Last week’s Ponte Vedra event was not the first political forum Strickland has backed out of.
His campaign has been tempered with suspicions of favoritism for his opponent.
Hardwick and Strickland faced off at the Fraternal Order of Police Lodge on July 8, an event to which only local law enforcement officers were invited. That was the only debate Strickland has fully participated in.
Strickland had failed to appear at four others and left the Shriner’s Club event after answering only two questions.
A June 16 event at the American Legion in West Augustine was canceled after Strickland notified event organizers days ahead that he would not be attending. Verri said the event originally was presented as a candidates meet-and-greet but soon morphed into a debate. His campaign also released a statement objecting to write-in candidate Scott Boutwell’s last-minute filing, which essentially locked registered Democrats out of voting in the race’s Republican primary.
On June 18, Strickland was a no-show for a scheduled appearance on Uncommon Ground, a weekday podcast hosted by Troy Blevins and Mike Davis. Blevins and fellow host Pete Melfi wound up having an hourlong conversation just with Hardwick.
Verri said Tuesday “they’re clearly biased to Robbie” and said they didn’t trust the process.
Blevins and Melfi briefly addressed that cancellation on Melfi’s 904 Now show Monday.
“It can’t just always be unfair,” Blevins said. “Not everybody’s like that. I guess the entire world’s against him”
“You can’t go into an office like that and just immediately think everybody’s always out to get you,” Melfi added.
“That story’s not holding water anymore,” Blevins said.
Strickland’s team also canceled an appearance at a July 9 debate on WSOS 103.9. Verri described station owner and morning show host Kevin Geddings, who was moderating that debate, as a “pro-Robbie guy” and suggested it was tilted in Hardwick’s favor.
“We weren’t going to participate in that kind of nonsense,” he said.
Verri addressed Strickland’s no-shows during a phone interview with The Record. He explained the camp’s leeriness, describing some of the debate events as “walking into enemy territory.
“When you see all these clubs and all these people claiming that they want to have a fair this and a fair that, it’s nonsense because they have all been in Hardwick’s camp since day one,” he said. “The leadership in all these clubs – whether it’s Brandon Patty or Lauren Blocker and her husband Jeremiah – they’ve all been behind Robbie since day one. And now they’re going to try and say, ‘Oh, Chris didn’t want to come because he thought it was going to be unfair.’ It was going to be biased from the beginning.”
The Back and Forth
Patty, who chairs the Republican Executive Committee, said Strickland’s statement insinuated the debates hosted by various GOP clubs in the county are biased, a violation of those clubs’ charters.
“I would have liked to have a challenging and compelling debate in which REAL questions are asked of the candidates in a fair and balanced way,” Strickland’s statement read. “This was our request, and it was denied.”
Patty said Tuesday that allegation of bias was what compelled him to write a rebuttal.
“There’s this common thread of them attacking and saying it’s going to be unfair, it’s going to be this, going to be that,” Patty said. “We pride ourselves on neutrality because we want to be — and we are — impartial as a club and organization. For them to come out and attack multiple Republican clubs is beyond the pale. It’s still one of those where it blows me away because these are your voters.”
Patty went on to say he sought to set the record straight with his statement. He called for an apology from Strickland’s team.
“This is not acceptable,” he said. “These clubs were doing whatever they could to have a fair and impartial debate. They were willing to bend over backwards in order to make sure that both candidates were comfortable going into the debate.”
Verri said he wrote statement and Strickland approved it. He claimed he never accused anyone of being biased.
“If you look at our statement, we did not say that they were at fault,” he said. “We did not allege that they were going to put on an unfair debate. All we said was that when we do these things, we want to have a level playing field.”
Gross accused him of being disingenuous and using “word salad” by making unclear statements throughout the process.
“I’ve never hosted a debate that it was this difficult to get a straight answer, an objection to a moderator,” she said. “Peret (Pass) had absolutely nothing to do with it.
“It was mine and Lauren’s event. We would never give Peret authority to choose a moderator and not give it to the other candidate. And to imply that and spread that all over social media is extremely insulting to us, who were just trying to do the right thing and provide a fair platform.”
Osceola capture site considered for National Register. (St. Augustine Report)
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Monday, July 27, 2020
FDOT Forgery and Obstruction of Records Requests
Feds, State's Attorney, Both Investigating Denial of Phone Public Comment Rights by St. Augustine and St. Augustine Beach
Two villages. Two investigations. Our elected Commissioners and the louche lawyers and maladroit City Managers of the cities of St. Augustine and St. Augustine Beach, are rightly under investigation, right now, for violating your rights to telephone public comment during the COVID-19 crisis.
While St. Augustine Commissioners voted 4-1 to erase our existing phone public comment rights at their July 13, 2020 meeting, they attend meetings by Zoom, and not in person. But they -- and the Commissioners of the City of St. Augustine Beach -- expect our elders and persons with disabilities to attend in person, risking their lives.
The City of St. Augustine Beach won't even clean off the microphone between speakers.
This is a very hostile working environment for citizens.
Here's the e-mail I just sent to 7th Circuit State's Attorney Ralph Joseph Larizza, whose office is investigating the complaint of Mr. Thomas F. Reynolds against both itty-bitty cities.
To Mayor TRACY WILSON UPCHURCH, Vice Mayor LEANNA SOPHIA AMARU FREEMAN, and the City Commissioners of St, Augustine and St. Augustine Besch:
As RFK once wrote segregationist Senator James O. Eastland, :"Repent now, there's still time."
In the words of President William Jefferson Clinton: "Nothing great was ever accomplished by being small."
Here's my July 27, 2020 e-mail to the State's Attorney for the 7th Judicial District:
From: Ed Slavin
To: larizzar@sao7.org
Sent: Mon, Jul 27, 2020 12:54 pm
Subject: Unlawful Denial of Telephone Public Comment Rights by City of St. Augustine and City of St. Augustine Beach, Florida: My Title VI, ADA and Rehabilitation Act 504/508 civil rights complaint re: CoSA
2. Please associate my July 17, 2020 federal civil rights complaint with your file on Mr. Reynolds' complaint. See below.
From: Ed Slavin
To: Rebecca.Bond@usdoj.gov
Subject: USDOJ CRD DRS referral of Ed Slavin v. City of St. Augustine, Florida: U.S. Department of Commerce Title VI, ADA and Rehabilitation Act 504/508 complaint
1. Please call me to discuss my July 17, 2020 Title VI, Civil Rights Act complaint on the end and denial of a reasonable accommodation under ADA/504 by Respondents, including federal funds recipient City of St. Augustine, Florida.
From: Ed Slavin
To: ccox@doc.gov
Sent: Fri, Jul 17, 2020 12:25 pm
Subject: Ed Slavin v. City of St. Augustine, Florida: U.S. Department of Commerce Title VI, ADA and Rehabilitation Act 504/508 complaint
- In 2020, twice as many Americans have already died of coronavirus than died in the Vietnam War.
- Florida is the current epicenter of the outbreak. There were 156 deaths in Florida from COVID-19 yesterday, and there have been a total of 4676 COVID deaths and 316,000 COVID cases in Florida,
- The Global Coronavirus Pandemic of 2020 has had us in lockdown for months.
- Therefore, Respondent City of St. Augustine Commissioners rightly and lawfully allowed exercise of cherished constitutional rights to public comment by use of electronic media technology (EMT), protecting us from community spread.
- Florida citizens' rights to Sunshine and Open Records were adopted in 1992 as Article I, Section 24 of our Florida Constitution, supported by a record 83% of the electorate -- 3.8 million voters.
- Yet, incredibly, in the midst of the epicenter of this pandemic, St. Augustine City Commissioners violated Title VI of the 1964 Civil Rights Act when they voted 4-1 on July 13, 2020 to deprive citizens -- "We, the People," as our Founders called us -- of our existing public comment rights under Florida's Constitution and laws, and Governor's Executive Orders and City resolutions.
- Unadorned by any legal or factual research, Respondents voted to deprive me of my civil and constitutional right to speak by telephone in public comment at its government meetings. Video here: https://staugustinefl.swagit.com/play/07132020-696 (Item 9B1, which purports to have ended even the public comment rights of people already on hold to participate telephonically; items 9B1, with no public comment allowed. Outside the ordinary course of business and in violation of the published agenda, Item 9B1 was abruptly placed on the agenda before general public comment, so that general public comment rights by telephone were erased, illegally.
- In the midst of record COVID-19 deaths and new cases, Respondents ask citizens to risk our lives to speak.
- Meanwhile Respondent City Commissioners, Respondent City Manager, Respondent Citty attorneys, City staff, City contractors and applicants for governmental contracts or zoning all participate by Zoom.
- Our First, Ninth and Fourteenth Amendment rights are being violated as the City demands we appear in person to speak in the midst of the spike in the COVID pandemic.
- Respondent City of St. Augustine has often willfully discriminated against people engaged in. protected activity, including me, for protected activity as an activist and journalists.
- The very first time I ever attended a City meeting, on Monday, April 11, 2005, a large angry man accosted me after the meeting and threatened me with arrest for "disorderly conduct" -- during the meeting, I spoke out against a proposed annexation, after decades of unconstitutional City of St. Augustine annexations diluting minority voting strength in violation of the 15th Amendment and Voting Rights Act. The large angry man was named William Barry Harris, then the City Manager, and the mentor to Respondent JOHN PATRICK REGAN, P.E., current City Manager, who has encumbered the position since 2010.
- Respondents are jointly and severally liable for their intentional constitutional torts.
- Respondents violated 42 U.S.C. § 2000d et seq., Title VI of the 1964 Civil Rights Act; Sections 504 and 508 of the Rehabilitation Act; the Americans with Disabilities Act, and other federal and state law rights by withdrawing and denying persons with disabilities, including me, an essential reasonable accommodation in the midst of a pandemic, refusing to allow us to use CMT to give public comment or testimony at government meetings remotely (after months of allowing it under Florida Governor orders and City resolutions).
- On July 13, 2020, Respondent City of St. Augustine City Commissioners TRACY WILSON UPCHURCH (Mayor), LEANNA SOPHIA AMARU FREEMAN (Vice Mayor), Commissioners JOHN OTHA VALDES and ROXANNE HORVATH illegally voted 4-1 to end telephone public comment in the midst of the spike of a deadly global pandemic, when Florida has the highest rate of deaths and new cases.
- Respondents UPCHURCH, FREEMAN, VALDES and HORVATH did so without allowing any public comment, and before a scheduled telephone public common period.
- Respondent TRACY WILSON UPCHURCH is the scion of rich segregationists and Dixiecrats, whose grandfather left the 1948 Democratic National Convention with Strom Thurmond, opposing the DNC's civil rights plants.
- Respondent TRACY WILSON UPCHURCH was illegally named Mayor at a March 4, 2019 City Commission meeting, violating the First, Ninth and Fourteenth Amendments, and rights to meaningful public participation under Florida Statute 119 and Florida Statute 286. Citizens were not told who had applied to be appointed Mayor, nor were they told that the City Attorney had issued a dubious legal opinion that none of the current Commissioners could apply because they had not resigned under Florida's resign-to-run laws, which applies to elections, not vacancies created by resignations due to illness. Hence, every action taken by Respondent UPCHURCH, 2019-2020, takes place under noisome cloud of good-ole-boy illegality -- "Jim Crow" law -- his service as Mayor is ultra vires.
- In 1964, Rev. Dr. Martin Luther King, Jr. called Respondent City of St. Augustine "the most lawless city in America. Dr, King was arrested here on June 11, 1964. One week later, sixteen rabbis were arrested, praying in front of the segregated motel restaurant where Dr. King was arrested. In 1964, the Rev. Andrew Young, later our UN Ambassador, Congressman and Atlanta Mayor was nearly killed here. The Rev. C.T. Vivian was nearly killed in nearby St. Augustine Beach, nearly drowned by KKK opponents of desegregating ocean beaches.
- In 2020, Respondent City Manager JOHN PATRICK REGAN, P.E., City Attorney ISABELLE CHRISTINE LOPEZ, Assistant City Attorney DENISE MAY admit in response to records requests that there are no documents reflecting any legal or factual research before presenting their scheme to Commissioners. (Only Commissioner Nancy Sikes-Kline refused to join in their lawbreaking).
- Respondents UPCHURCH, REGAN, LOPEZ and MAY, et al. ignored my request for a reasonable accommodation to speak in public comment at the July 16, 2020 meeting of the Historic Architectural Review Board. Meeting video here shows discrimination -- remote participation by HARB members, City staff, corporations and their representatives, but not citizens, here: https://staugustinefl.swagit.com/play/07162020-638
- I wanted to speak to HARB about preserving an d protecting the 1879 veteran monuments in the Plaza de la Constitucion, and the status of the University of Florida's application for a monument to local African-American soldiers who fought in the Civil War.
- I had a legally vested right to speak in general comment by telephone, but that right was ruthlessly denied by Respondents.
- Before the July 16, 2020 HARB meeting began, a city employee, Ms. Morse, informed me that LOPEZ rejected my call and I was not permitted to speak with her or the HARB chair before the meeting began.
- Telephone messages left July 16, 2020 for Respondents UPCHURCH, REGAN, LOPEZ and MAY were not returned.
- Respondent MARKS GRAY law firm partner SUSAN ERDELYI, Respondents' cat's paw and frequent insurance defense lawyer said, "I'm busy," and "I don't work for them," abruptly and rudely interrupting me and hanging up the telephone.
- The Respondent City's anti-Title VI attitude is expressed by its Title VI coordinator, the Respondent Rev. TIMOTHY FLEMING, Assistant Director of General Services: On May 13, 2019, after I overheard him and then Assistant City Manager TIMOTHY BURCHFIELD discussing my EPA Title VI complaint on a discriminatory conference that excluded African-Americans, Respondent Rev. FLEMING yelled at me and moved away rapidly, stating "I don 't have to talk to you!"
- Rev. TIMOTHY FLEMING, the City's Title VI Coordinator, fled first, fleeing south along the loggia. TIMOTHY J. BURCHFIELD, then the City's Assistant City Manager, fled next, fleeing north along the loggia.
- I had texted Rev. FLEMING at 4:06pm, and earlier, asking to speak with him about my Title VI complaint. He said he did not have to talk to me.
- BURCHFIELD reiterated that FLEMING did not have to talk to me, snippily said I could "file an Open Records request," and called me "boy." I told BURCHFIELD, "Don't call me 'boy.'" BURCHFIELD yelled, "You are a 'boy." BURCHFIELD, running away toward the elevator bank, invited me to "hit" him. I told him, "I can just feel the love." This was all in the presence of a duly sworn officer of the St. Augustine Police Department, who was as bemused as me at the behavior of two putative "professionals" in response to my protected activity under the First and Ninth Amendments and Civil Rights Act of 1964.
- That law, the 1964 Civil Rights Act, became law because of the hostile environment in St. Augustine, and the courage of 1000 Americans arrested on bogus charges; after removal to federal court, those charges were dismissed by United States District Judge Bryan Simpson, for whom the Jacksonville, Florida federal courthouse is now named.
- As the City of St. Augustine is still violating civil rights, my sincere efforts at informal resolution of City retaliation have failed, for multiple years.
- The City has created a hostile working environment, retaliating against and and discriminating against me as a Gay senior journalist and activist with disabilities, who has successfully raised concerns about City management since 2005.
- Respondent City of St. Augustine (CoSA) has been a recipient of sums of federal funds since 2010, when Respondent REGAN was named City Manager. Respondent CoSA's federal funders include the CARES Act, whose mission is described on the website of the U.S. Department of Commerce Economic Development Administration: The Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed into law by President Donald J. Trump, provides the Economic Development Administration (EDA) with $1.5 billion for economic development assistance programs to help communities prevent, prepare for, and respond to coronavirus. EDA CARES Act Recovery Assistance, which is being administered under the authority of the bureau’s flexible Economic Adjustment Assistance(EAA) (PDF) program, provides a wide-range of financial assistance to communities and regions as they respond to and recover from the impacts of the pandemic. On May 7, 2020, Secretary Wilbur Ross made EDA’s CARES Act Recovery Assistance funding available with the announcement that EDA had published an Addendum to its FY 2020 Public Works and Economic Adjustment Assistance Notice of Funding Opportunity. EDA intends to deploy its CARES Act funding as quickly, effectively, and efficiently as possible, and in a manner that meets communities needs.
- By denying me an ADA/504/508 reasonable accommodation act the HARB meeting on July 16, 2020 and by refusing to allow me to speak in non-agenda public comment at the HARB meeting, Respondents are also retaliating against me as a journalist who has since 2005 exposed in print and on the Internet Respondents' malfeasance, misfeasance, nonfeasance, waste, fraud, abuse. Sunshine violations and no-bid contracts.
- By denying my HARB telephone testimony July 16, 2020, and by refusing to communicate civilly with me as an activist and a a journalist, the City of St. Augustine is guilty of blatant viewpoint discrimination in violation of the First Amendment and Civil Rights laws. See, e.g., United Teachers of Dade v. Stierheim, 213 F. Supp. 2d 1368, 1371 (S.D. Fla. 2002); Sherrill v. Knight, 569 F.2d 124, 129 (D.C.Cir.1977) ("arbitrary or content-based criteria for press pass issuance are prohibited under the [F]irst [A]mendment"); Quad-City Cmty. News Serv. v. Jebens, 334 F. Supp. 8, 17 (S.D.Iowa 1971) (stating "any classification which serves to penalize or restrain the exercise of a First Amendment right, unless shown to be necessary to promote a compelling governmental interest, is unconstitutional"). In Rosenberger v. Rector and Visitors of Univ. of Va., 515 U.S. 819, 828-829, 115 S. Ct. 2510, 132 L. Ed. 2d 700 (1995) the Supreme Court held that "[d]iscrimination against speech because of its message is presumed to be unconstitutional ... When the government targets not subject matter, but particular views taken by speakers on a subject, the violation of the First Amendment is all the more blatant. ... Viewpoint discrimination is thus an egregious form of content discrimination.").
- People of color and low-income people are more likely to be hurt by climate change.
- My legally protected concerns since 2006 about Environmental Justice (EJ) resulted in $9 million in roadbuilding for Riberia Street, long the worst street in St. Johns County.
- My legally protected concerns about pollution in two EJ communities resulted and in tens of thousands of dollars in fines and consent orders against the City of St. Augustine, as documented in a 2008 cover story in Folio Weely.
- My EJ concerns on and since January 31, 2019 about the City's and Flagler College's all-white "Keeping History Above Water" (KHAW) "community" meetings at the City's Willie Galimore Community Center are protected activity under Title VI.
- Likewise, so are my concerns about lack of socioeconomic data in the survey of City residents on flooding issues. So were my concerns about the hostile sign that was posted on the front door of the City's Galimore Community Center building during the "community" meeting, since removed, discouraging minority and low-income citizen attendance at the January 31, 2019 "community" meetings.
- Respondent City of St. Augustine has repeatedly violated free speech rights and has repeatedly lost First Amendment cases to its citizens, including several cases brought by visual artists, Bates I & Bates II, as well as Celli v. City of St. Augustine, 214 F.Supp. 2d 1256 (M.D. Fla. 2000)(upholding $23,500 jury verdict for four hours of First Amendment violation re: St. Aug Dog newspaper rights to free distribution on St. George Street); Rev. Ruth Jensen v. City of St. Augustine, 3:05-CV-504-J-25HTS TRO (M.D. Fla. 2005)(ordering Rainbow flags flown on Bridge of Lions June 8-13, 2005 in honor of Gay Pride). The City was guilty of viewpoint discrimination in both the Celli and Jensen decisions, which were swift justice and not appealed.
- Respondents' overt acts violate ADA, 504 and 508 and have the intended effect of denying our First Amendment. Americans' civil and constitutional rights deserve -- "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.
- By excluding telephone participation the City of St. Augustine shows itself an enemy of the Constitution and Bill of Rights, making its decisions on land use and other matters suspect. "As Mr. Justice Brandeis correctly observed, 'sunlight is the most powerful of all disinfectants,' New York Times Co. v. Sullivan, 376 U.S. 254, 305 (1964)(Goldberg, J., concurring), citing Freund, The Supreme Court of the United States (1949), p. 61. "Justice must not be done in a corner, nor in any covert manner." State ex rel Herald Mail Co. v. Hamilton, 267 S.E.2d 544,548 (W.Va. 1980), citing 1676 Charter of Fundamental Laws of West New Jersey, Ch. XXIII.
- As Justice Louis D. Brandeis wrote, when "government becomes a lawbreaker," it promotes disrespect for the law, and anarchy. Olmstead v. United States, 277 U.S. 438, 478 (dissenting) (1928). Our City of St. Augustine is a lawbreaker and a public hearing is required on the proposed consent decrees so that the public may hear all about it.
- Would you please be so kind as to assign your best investigator today?
- Please counsel Respondents today in their legal duties under Title VI, ADA and Sections 504 and 508/
- COVID-19 is an immediate serious danger to public health, safety and welfare.
- Agency action is necessary to protect the public from the Hobson's choice presented by Respondents' cruelty, requiring seniors and other at-risk persons to speak in person, when corporations and their lawyers are allowed to appear remotely.
- I look forward to your prompt response, and thank you for giving this matter your urgent attention.
- Respondents must restore the ability of citizens to testify and speak remotely in public meetings, as that right existed before July 13, 2020.
- Please act now under Title VI to restore the rule of law and to require Respondents to return federal funds, or else immediately cease violating civil, constitutional and statutory rights of American citizens to speak in our Nation's Oldest City's public government meetings during the pandemic.
- Fīat jūstitia ruat cælum. ("Let justice be done though the heavens fall."



