Teachers Union Sues To Block Ballot ‘Religious Freedom’ Measure
July 21, 2011
Accusing the Republican-dominated Florida Legislature of trying to dismantle the separation of church and state, a coalition of public school advocates and religious leaders filed a lawsuit Wednesday challenging a ballot measure that would allow the state to funnel money to religious institutions.
Public school advocates are fearful that the proposed constitutional amendment was designed to promote a big expansion of private school vouchers. The lawsuit, filed in circuit court in Tallahassee, is being driven primarily by the Florida Education Association, with help from public school groups such as the Florida School Boards Association.
“Those of us who work to make public schools a priority understand that this is designed to open up the state treasury to voucher schools,” said FEA president Andy Ford, who is also a plaintiff in the lawsuit.
Ford is joined by eight other plaintiffs, who include six rabbis and ministers, and two public school advocates. The American Civil Liberties Union and the Anti-Defamation League are also helping fight the amendment.
The proposed constitutional change, known as Amendment 7, would delete a line in the state constitution that prohibits the state from using taxpayer dollars to “aid in any church, sect or religious denomination.”
Amendment 7 would insert a line that says the government cannot deny an individual or group the “benefits of any program, funding or other support on the basis of religious identity or belief.”
The provision of Florida’s constitution prohibiting state money from going to churches or religious groups is a “Blaine amendment,” for James G. Blaine, a 19th Century congressman from Maine who lobbied unsuccessfully to get that restriction inserted into the U.S. Constitution. After it failed, most of the states put similar provisions in their own state constitutions.
The Legislature is not being honest about why it wants to repeal the Blaine Amendment, argues Ron Meyer, an attorney with Tallahassee firm Meyer, Brooks, Demma and Blohm who works with the FEA.
“The ballot summary enacted by the Legislature to be placed on the ballot for general election does not clearly and unambiguously describe the chief legal effect,” Meyer said.
Florida law requires that a ballot summary and title clearly describe its intent.
Meyer also took issue with the title of the amendment – religious freedom. He said the amendment purports to fall in line with the U.S. Constitution and “nothing could be further from the truth,” he said. Meyer said the amendment would make the Florida constitution more permissive than the federal constitution.
“The real purpose of this amendment is masked from voters,” said Kent Siladi, a minister with the Florida Conference of the United Church of Christ and a plaintiff in the lawsuit. “It is an attack on the separation of church and state. Our lawmakers should put questions before Florida voters that are clear and unambiguous.”
Backers of Amendment 7 say the intent is clear. “What we want to do is simply put our Florida constitution in the same posture as our U.S. constitution,” said Sen. Thad Altman, R-Viera, the sponsor of the amendment.
Altman said the motivation behind the constitutional amendment effort wasn’t related to vouchers.
“I can tell you, I sponsored the bill and it wasn’t about school vouchers,” Altman said. “It was about religious freedom.”
Supporters of the Blaine amendment repeal also say that when an earlier attempt to offer private school vouchers known as Opportunity Scholarships was thrown out by the U.S. Supreme Court in 2006, it was not because of the religious funding restriction in the constitution.
The court voided the school voucher program then because it violated a different part of the state constitution dealing with a promise to give Florida students a “uniform” free public education.
“To try to bring vouchers to the front and center of this is disingenuous,” said Rep. Scott Plakon, R-Longwood, the House sponsor of the Blaine amendment repeal. “It simply says that you can’t single out somebody based on religious identity or belief. The government should not be able to discriminate one group against another.”
But Meyer, the FEA attorney, said there is ample evidence the repeal of the Blaine amendment would be used to expand voucher programs. “This is certainly about vouchers because it offers the opportunity to expand the use of tax money to private religious schools,” Meyer said, but added that it had other consequences.
“Religious organizations would have a legal entitlement to coerce taxpayer money to be expended on programs such as rehab for drug use, which could be conditioned upon participation of a religious exercise,” Meyer said.
Noticeably absent from the lawsuit was anyone affiliated with the Catholic Church.
Michael Sheedy with the Florida Catholic Conference said recent lawsuits have threatened the state’s ability to work with religious groups to provide social services. Sheedy said his group supports private voucher programs, which would direct public funds towards some Catholic schools.
The Blaine amendment repeal does not roll back the separation of church and state, Sheedy said.
“People might invoke it without having a really good understanding of what separation of church and state is,” Sheedy said. He said separation does not mean the state cannot “collaborate” with religious-oriented groups.
“Without this, participation in any public program by religious organization is vulnerable,” Sheedy said.
By Lilly Rockwell
The News Service of Florida
Warrant Issued For Former Cantonment Resident For Infant’s Murder
July 20, 2011
A warrant has been issued for a former Cantonment resident who killed a young child and injured an adult last Friday by shooting into an apartment.
Dwayne “Money” Pinestraw, 19, is wanted on an open count of murder for the shooting death of Ty’Quarius Moultrie, 19 months old; aggravated battery for the shooting of Vincent Dennis, 23; and firing a weapon into an occupied building.
Pinestraw’s current address is not known, but in 2010 he resided on Lake Drive in Cantonment.
Chief Chip W. Simmons said the investigation has been the top priority among officers since Friday.
“Personnel have been working around-the-clock, and we have been able to identify the person responsible for the death of young Ty’Quarius Moultrie,” Simmons said. “Our investigation is continuing, and we hope to have other suspects in custody in the near future.”
Pensacola Mayor Ashton Hayward III had given his full support for officers to use whatever resources were necessary to investigate and identify the person responsible for the shooting.
Hayward also praised officers for their diligence and persistence on this investigation.
Lt. Doug Baldwin, a supervisor in the department’s Criminal Investigations Division, said Pinestraw should be considered armed and dangerous. He added that police know other suspects were involved and are continuing their investigation.
The shooting occurred just before 2 p.m. July 15 at Pensacola Village, 500 E. Fairfield Dr., shortly after several people were involved in a drug transaction near the apartment complex.
Multiple shots were fired into Apartment O-2 and struck Moultrie, 19 months, and Dennis, 23. Their addresses are unavailable. Moultrie was taken to Sacred Heart Hospital where he died a short time later. Dennis also was taken to a local hospital for treatment.
Baldwin said no additional information is being released on the shooting or drug investigations at this time.
Pinestraw is a black male, approximately 5 feet 6 and approximately 130 pounds. He is believed to be driving a white 2000 4-door Buick Century with a Louisiana license tag of TPX061.
Anyone having information on the Pinestraw’s location or the shooting is asked to contact Lt. Doug Baldwin at (850) 435-1908, Detective James Reese at (850) 435-1976, or the Desk Sergeant’s Office at (850) 435-1900.
Tropical Storm Cindy Forms; No Threat To Land
July 20, 2011
![[Image of 5-day forecast and coastal areas under a warning or a watch]](http://www.nhc.noaa.gov/storm_graphics/AT03/refresh/AL0311W5_NL+gif/203612W5_NL_sm.gif)
Tropical Storm Cindy formed in the open central Atlantic Ocean Wednesday afternoon, and forecasters say it poses no threat to the United States or any other land.
Cindy is expected to strengthen slightly until the cold waters of the Atlantic cause it to weaken. The latest details on Tropical Storm Cindy are in the graphic above.
Ex-Santa Rosa Deputy Gets Two Life Sentences
July 20, 2011
A former Santa Rosa Sheriff’s Office lieutenant has received two life sentences after being convicted of two counts of capital sexual battery upon a child less than 12 years old.
A jury convicted John Tomlinson of sexually molesting a 9-year old girl in 1996. The victim’s allegations were corroborated by the testimony of another woman who was also molested by Tomlinson in 2000 when she was 10 years old while visiting Tomlinson at his residence, according to State Attorney Bill Eddins.
Tomlinson was sentenced by the Judge Michael Flowers to two consecutive life sentences to be served consecutively to the 30-year state prison sentence Tomlinson is currently serving after his conviction in November of 2010 for sexual battery upon another minor in his care.
(Updated) Navy Helicopter Makes Emergency Landing In Molino
July 20, 2011
(Updated 10:15 a.m.) A U.S. Navy training helicopter made an emergency landing in Molino Tuesday afternoon.
The helicopter, which was assigned to NAS Whiting field, landed in a field between Highway 97 and Bet Raines Road to the east of Highway 29.
“The pilot performed a precautionary emergency landing while on a routine training missing,” Lori Aprilliano, Whiting Field public affairs officer, said. “The pilot will see an indicator light showing a potential problem with the aircraft and put it down in the first safe place.”
There were no injuries reported. The training helicopter was removed from the field using a truck and trailer shortly after 4 p.m.
Pictured: A Navy training helicopter is removed from a field on Highway 97 in Molino Tuesday afternoon. Submitted photos by Keith Garrison for NorthEscambia.com, click to enlarge.
Century Correctional Institution Inmates Graduate
July 20, 2011
Eleven inmates graduated Tuesday from a new substance abuse program at Century Correctional Institution.
The inmates completed intense substance abuse treatment and training at the facility’s Residential Therapeutic Community. The inmates began the program on September 17, 2010, and they were the first to complete the program at Century Correctional Institution.
Eleven inmates took part in the graduation ceremony Tuesday; five others completed the program but had already been released from prison.
The program’s mission is to give the inmates a better chance for success when they are released. During the program, the inmates do everything as a group, including meals, classroom studies, recreation and housing.
NorthEscambia.com file photo, click to enlarge.
Deputies: 8 Mile Drunken Chase Driver Was 2.5 Times Over Legal Limit
July 20, 2011
A 61-year Cantonment woman that led deputies on a drunken chase late last Friday night had a breath alcohol level two and a half times the legal limit, according to a report released Tuesday by the Escambia County Sheriff’s Office.
The Sheriff’s Office first received emergency calls about Elizabeth Ann Dawson of Lakeview Avenue headed north in the southbound lane of Highway 29 near Quintette Road about 11 p.m.. Multiple calls were received as she continued north through Molino.
An Escambia County Sheriff’s Office sergeant gave chase as he observed Dawson continuing to drive in the wrong lane near Highway 29 and Highway 97. The deputy drove parallel to Dawson in the northbound lane as additional deputies caught up to the pursuit. Deputies from the Century area responded south on Highway 29 during the chase, attempting to stop southbound traffic to avoid a collision.
Dawson continued northbound in the southbound lane until the eight mile pursuit ended when she stopped just south of Bogia Road — over 13 miles away from Quintette Road where 911 callers first reported her in the wrong lane.
Once stopped and out of her vehicle, Dawson was unable to stand without bracing herself, and keep telling deputies with slurred speech that she was sorry, according to the arrest report.
Dawson failed a field sobriety test and had a breath alcohol level of .199 and .192, the report states. The level limit in Florida is .08.
Dawson was charged with driving under the influence and fleeing and eluding police. She also received a traffic ticket for driving on the wrong side of the road. She was released from jail on $3,000 bond. She is due to appear in court for an arraignment hearing on August 5.
Can You Hear Me Now? Century Purchases Cellular Repeater
July 20, 2011
It’s hard to run a town when you can’t talk on your cell phone, and yelling at people is not a good idea.
That’s the word from Century Mayor Freddie McCall, who asked the town to spend $940 for a cellular repeater to avoid dropped calls in the town hall.
“It is ridiculous,” McCall said of the Nextel cellular service inside the Century Town Hall. “I have to keep hollering at them; I have to go outside to talk on the phone.”
The cellular repeater designed to work with Nextel will be installed by Radio Shack in Century and will repeat voice and data signals in the town hall. While many low cost repeaters will work with other cellular companies, the town discovered that repeaters designed to work with Nextel are much more expensive.
“I just want to be able to conduct business on the phone,” McCall said.
Lawsuit Filed Over Prison Privatization In Florida
July 20, 2011
A group of corrections officers and their union have sued to block the state’s effort to privatize 18 Florida prisons, saying the law allowing the privatization was illegally added to the state budget during the waning days of the 2011 session.
A lawsuit filed last week in circuit court in Tallahassee, says lawmakers overstepped their bounds by including budget proviso language that requires the Department of Corrections to explore the private prison option, a controversial issue that has been simmering in Tallahassee for years.
Under the prison privatization measure, the Department of Corrections could bid out the contract for the private takeover of prisons across the southern third of the state as a group, or as a set of smaller contracts. The Legislative Budget commission would give final approval to the plan.
Plaintiffs who sued the Department of Corrections, including the Police Benevolent Association, the union that represents many corrections officers, say lawmakers essentially crafted legislation that required Gov. Rick Scott to approve the plan. That’s because it tied the transfer to other Department of Corrections appropriations that had to be approved by the governor.
“This effectively made the proviso language veto proof,” the complaint contends.
Further, the group alleges that lawmakers sidestepped the type of research needed to justify the privatization effort, and didn’t provide proof that that the outsourcing would save money while maintaining quality of service and public safety.
The proviso language at issue requires savings of 7 percent in order for a private prison operator to get a contract.
But in essence, the prison guards contend lawmakers used the budget to pass legislation that should have had to stand on its own.
“The subject proviso language attempts to enact or alter substantive law and legal standards that control or should control the privatization of any state correctional facility,” the complaint reads.
The PBA has more than 36,000 law-enforcement and corrections-officer members.
The budget provision allows state officials to transfer up to 1,200 beds to existing private prisons with available capacity.
By Michael Peltier
The News Service of Florida
Jay Cheerleaders Bring Home Awards From Summer Camp
July 20, 2011
The Jay High School cheerleaders recently returned from camp with several awards. Both the varsity and junior varsity teams took part in the UCA cheer camp at the University of Georgia in Athens.
The junior varsity squad competed in home pom, cheer and extreme dance, bringing home two first place awards. Jay’s Brittani Ashworth was also named All-American from her squad.
The varsity squad competed in the Elite Varsity division in three events, finishing first in cheer and receiving the most improved squad award.
Jay’s Tessa Hendricks and Tori Reid were named All-American, and Reid was also invited to tryout for a position with the UCA staff.
Both squads were evaluated daily and received superior scores. The girls were also treated to a Six Flags trip before returning home to begin practice in a few weeks to prepare for the upcoming Royal football season.
Pictured: Jay High School All-American cheerleaders Tessa Hendricks, Brittani Ashworth and Tori Reid. Pictured below: The Jay High School cheerleaders attended camp recently at the University of Georgia in Athens, bringing home several awards. Submitted photos by Junia Fischer for NorthEscambia.com, click to enlarge.
