Federal Judge Rules Against Drug Testing Welfare Applicants
January 2, 2014
A federal judge has ruled that a 2011 law requiring welfare applicants to undergo drug tests is unconstitutional, striking a blow to Gov. Rick Scott’s administration over the controversial tests.
Scott quickly said he would appeal U.S. District Judge Mary Scriven’s Tuesday ruling, the latest defeat for the governor in a drawn-out battle over drug testing some of the state’s poorest residents.
Scriven ruled that the urine tests violate the Fourth Amendment’s protections against unreasonable searches and seizures by the government.
In a harshly worded, 30-page opinion, Scriven concluded that “there is no set of circumstances under which the warrantless, suspicionless drug testing at issue in this case could be constitutionally applied.”
Scott, who used the mandatory drug tests as a campaign issue, insists that the urine tests are needed to make sure poor children don’t grow up in drug-riddled households.
“Any illegal drug use in a family is harmful and even abusive to a child. We should have a zero tolerance policy for illegal drug use in families — especially those families who struggle to make ends meet and need welfare assistance to provide for their children. We will continue to fight for Florida children who deserve to live in drug-free homes by appealing this judge’s decision to the U.S. Court of Appeals,” Scott said in a statement after Tuesday’s ruling.
At Scott’s urging in 2011, the Legislature passed the law requiring all applicants seeking Temporary Assistance for Needy Families” — the “poorest of the poor” — to undergo the urine tests. Applicants had to pay for the tests, which cost about $35, up front and were to have been reimbursed if they did not test positive.
Within months after the law was passed, the American Civil Liberties Union of Florida sued the state on behalf of Luis Lebron, a Navy veteran and single father. In October 2011, Scriven issued a preliminary order putting the law on hold. Scott appealed the decision but in February, an 11th Circuit Court of Appeals three-judge panel agreed with Scriven, ruling that the drug tests amounted to an unreasonable search by government. Scott later requested a full court review of the case but was turned down.
In her Tuesday ruling, Scriven relied heavily on the 11th Circuit opinion, which cited previous U.S. Supreme Court rulings that restricted urine tests by government agencies to employees working at dangerous jobs or in jobs where schoolchildren were involved.
Scott’s lawyers argued that TANF recipients should be considered a “special interest” exception to the Fourth Amendment. The tests are needed to ensure TANF participants’ job readiness, help the social welfare program meets its goals and guarantee that the public money is used for its intended purpose and not spent on drugs.
But Scriven criticized the expert witnesses, testimony and evidence the state used to defend the law.
“In sum, there simply is no competent evidence offered on this record of the sort of pervasive drug problem the State envisioned in the promulgation of this statute,” she wrote.
The state failed to show that TANF recipients used drugs with more frequency than the rest of the population, Scriven found. But even if it had, creating a special class of people who would be exempt from the constitutional protections could be dangerous, she wrote.
“If persons in an economic demographic could be shown to have a higher rate of drug use, would all such persons in that economic group be subjected to drug testing? Even if such suspicionless testing as proposed by the State were limited to those persons receiving state funds, would college students receiving governmental assistance to subsidize their education, for example, be subjected to random, suspicionless drug testing if it could be shown that drug use is demonstrably higher among college students? The Supreme Court’s Fourth Amendment precedent would suggest not,” Scriven wrote.
Scriven’s decision “is a sound rejection of the evidence that the state presented to the district court in its attempt to establish that TANF applicants used drugs at a higher rate than the general population,” said ACLU of Florida Associate Legal Director Florida Maria Kayanan, the lead attorney on the case.
She called Scott’s promised appeal “a waste of the state’s time and taxpayer’s money” but said “they certainly have the right to an appeal.”
Thieves Attempt To Steal Entire ATM
January 2, 2014
The Atmore Police Department is looking for two men who tried to steal an entire ATM from a convenience store.
According to police, they responded to an alarm at the BP Station on Highway 21 at I-65 at 3:45 a.m. Monday. They discovered damage to the front door of the business and a large broken chain around an ATM. Surveillance video showed two black males in a silver or light colored SUV, possibly a Tahoe or Yukon, driving up to the front door, using a pry bar to gain entry and attempting to drive off with a chain around the ATM. The attempt failed when the chain broke.
Anyone who has information regarding this case is asked to call Atmore Police at (850) 368-9141.
Florida Supreme Court Suspends Two Escambia County Attorneys
January 2, 2014
The Florida Supreme Court has suspended two Escambia county attorneys, according to information released by the Florida Bar.
Will Rogers Helton, Jr., 900 N. Pace Blvd., Unit B, Pensacola, was suspended for 180 days. Helton was also a member of the South Carolina Bar. This is a reciprocal discipline case from South Carolina, where the misconduct occurred. During a seven-month period, Helton personally handled real estate closings that took place outside his law office.
Helton’s non-lawyer assistants handled most of the closings that took place in the law office, without the presence or supervision of a licensed attorney. In most cases, the non-lawyer assistants would sign Helton’s name as a witness on deeds, mortgages and other closing documents, the court said.
Eugene Keith Polk, 201 E. Government St., Pensacola, was suspended for 90 days, followed by three year’s probation. After being retained, Polk failed to communicate with a client for nearly two years and failed to return documents despite numerous requests, the court said.
Polk failed to respond to Bar inquiries for several months and misrepresented to the referee during the course of the disciplinary proceedings.
Cantonment Cold Case: 1981 Murder Remains Unsolved
January 2, 2014
It was 32 years ago on the afternoon of January 2, 1981, that 9-year old Kenneth Deshun Underwood and three companions went bird hunting in the woods near their Cantonment home. Everyone returned home that afternoon except for Underwood.
When Underwood was still not home around 6 p.m., Escambia County Search and Rescue personnel were called. The area were Underwood was last seen alive was canvassed. His body was discovered about 5:45 the next morning –apparently murdered — in an area near Booker Street.
The case remains unsolved, and the Escambia County Sheriff’s Office is asking the public for help because they believe someone in our area still has information about Underwood’s death.
If you know anything about the death of Kenneth Deshun Underwood, 9, you are asked to call the Escambia County Sheriff’s Office Major Crimes Unit at (850) 436-9580 or Crime Stopper at (850) 433-STOP (7867).
Pictured above: The fourth grade photo of murder victim Kenneth Deshun Underwood of Cantonment. Pictured below: The highlighted area in this map shows were the body was found. Courtesy images for NorthEscambia.com, click to enlarge.
Century Care Residents Welcome 2014
January 2, 2014
The residents of Century Care Center welcomed 2014 with a New Year’s Day party Wednesday afternoon. Submitted photos for NorthEscambia.com, click to enlarge.
Northview FFA Wraps Up Annual Citrus Sale, Awards Top Members
January 2, 2014
The Northview High School FFA recently completed their annual fruit sale fundraiser.
Selling the most fruit were:
1st Place — Haylee Weaver sold $691 worth of fruit
2nd Place — Bethany Reynolds sold $534 worth of fruit
3rd Place — Kaylee Foster sold $393 worth of fruit
Fruits available included red apples, grapefruit, navel oranges, tangelos and Hamlin oranges.
Pictured top: First place fruit salesperson Haylee Weaver and second place Bethany Reynolds. Not pictured: Third place winner Kaylee Foster. Pictured inset: Some of the hundreds of pounds of fruit the Northview FFA sold. NorthEscambia.com photos, click to enlarge.
Maggie Lueverne Minchew
January 2, 2014
Maggie Lueverne Minchew, 85, of Cantonment, passed away Monday, December 30, 2013. She was a loving mother, grandmother, great-grandmother and sister. Maggie enjoyed her family and attending church.
Maggie is preceded in death by her parents, Jim and Nancy White and her husband, Dewey Minchew.
She is survived by her son, Bobby (Ella) Minchew; daughter, Ann (Ray) Dewrell; grandchildren, Kristy (Rich) Dodd, Bryan Minchew and Stacey Ault; great-grandchildren, Hunter Norris, Caleb Norris, Ashleigh Dodd and Austin Dodd; sister, Burnett Prim and numerous nieces and nephews.
Services were held Thursday, January 2, 2014, at 1:30 p.m. at Faith Chapel North, with Reverend Ron Nunn officiating.
Interment will take place at Eastern Gate Cemetery.
Pallbearers were Bryan Minchew, Richard Dodd, Hunter Norris, Caleb Norris, Austin Dodd and Robert Holt.
Faith Chapel Funeral Home North is in charge of arrangements.
2013 In Photos: May And June
January 2, 2014
All this week, we are looking back at the photos that were in the news in 2013. Today, we are featuring photos from May and June.
Area law enforcement agencies held a June active shooter exercise in Flomaton High School.
Gov. Rick Scott signed Florida’s new texting while driving law.
One person was injured in this crash on Highway 29 near Morgan Cemetery Road in Molino.
Ernest Ward Middle School presented academic awards to hundreds of students.
The Northview High School Class of 2013 held their Baccalaureate Service at the First Baptist Church of Bratt.
Hundreds of people attended the 18th annual Heather Leonard Danceworks recital at Northview High School in May.
The Escambia County Sheriff’s Office recovered and returned stolen kart racing equipment belonging to a Molino teen.
An alleged burglar was shot at a home in Walnut Hill.
A high speed chase that began in Brewton, AL, ended with an unsuccessful manhunt in Century.
Northview split two Spring Jamboree games against two Alabama teams.
Fire destroyed this community transportation bus on Highway 29 in Molino. There were no injuries.
Firefighters from Nokomis, AL, joined the Walnut Hill Station of Escambia Fire Rescue for joint training.
Two boys playing in a dirt pile at the edge of a Davisville cemetery discovered apparent human remains in early May.
Record crowds attended the annual Sawmill Day and Car Show in May.
The annual Relay for Life of Greater Escambia at Tate High School.
Northview High School presented Grease before a sold-out audience.
Rev. Ted Bridges of the Walnut Hill Baptist Church, on his knees, reading from his Bible during a National Day of Prayer event.
LCDR John Hiltz, pilot of the No. 2 Blue Angels plane, gets a little help with a story that pointed out humans have arms, not wings, during story time at the Molino Branch Library.
Fire damaged the Hadji Shrine Temple on Nine Mile Road in late June.
A stolen BMW was found torched alongside Barrineau Park Road near Molino.
Hundreds of people turned out to honor Army Staff Sgt. Jesse Thomas, 31, who was killed June 10 while serving in Helmand Province, Afghanistan.
Work started in June on the demolition of a portion of Ernest Ward Middle School for the construction of the new school.
NEP won the Gospel Projects 2013 Tee Ball World Series in June.
A June North Escambia sunset.
A driver slammed his pickup into a Cantonment business. The driver was not seriously injured.
Kids get hands on with a large snake during a program at the Century Branch Library.
Alabama and Florida firefighters held joint “get out alive” training in Atmore.
Flooding closed Highway 29 in Cantonment for about nine hours.
Gov. Rick Scott signs the “Infants Born Alive” bill at the Florida Baptist Children’s Home in Cantonment.
A graduation program was held for eighth graders at Ernest Ward Middle School.
Florida’s first quintuplets, the Bakers, graduated from Tate High School. Pictured (L-R) Ian Kirk, Marcus Wade, Elizabeth Jane, Tristan Miller and Evan Whitson — with mom Mona Baker at Tate High School’s graduation.
Jazzlyn Franklin of Walnut Hill was named the Northview High Class of 2013 valedictorian.
Shannon “Shane” Monroe Williams
January 2, 2014
Shannon “Shane” Monroe Williams, 39, of Jay, was reunited with his Daddy in heaven on Sunday, December 29, 2013. Shane was born on October 1, 1974 to Morgan and Elizabeth Williams. He worked as a contract mechanic in the oil industry.
Shane was preceded in death by his dad, Morgan Williams; and his grandparents, George and Ola Palmer of Century and James and Lillian Williams of Jay.
Shane is survived by the love of his life and soul mate of 18 years, Holly Williams; three beautiful children that he loved more than anything, Coltin, Hunter, and Courtney Williams; mother, Elizabeth Williams; two very special uncles, George “Dinky” Palmer Jr. and Arnie (Pat) Williams; mother-in-law and father-in-law, Kevin and Cheri Walker; two brothers, Monty Williams and William “Ashley” Collins; four sisters, Debrah (Art) Dales, Tammy (Ray) Holland, Tracy Lassiter, and Jennifer (Ken) Ashworth; brother-in-law, Casey Longver; aunts, Nancy Neal and Mammie Joe Smith, and a host of nieces, nephews and cousins.
Shane and Holly had a true love that only few will ever know. They loved each other through the good and the bad and never gave up on each other. Coltin, Hunter and Courtney were the light of his life. He was so proud of them. He’d light up when he talked about them. Coltin, his ball player graduated, Hunter, his master hunter, killed a big ole deer, and Courtney, his princess, that he could never say no to. He was a great son and brother always there when you needed him. He was always trying to fix things and make it better. Shane was fun loving and outgoing. He’d try anything once, twice if he didn’t get caught the first time and even a third time if it was worth the punishment. He loved to hunt, fish, going to the creek, relaxing in his recliner. Shane also loved to talk. He never met a stranger. He was always there to help when someone had a need. Everyone has a special memory of Shane. The time he set the bed on fire when he was five, the times him and Holly took someone in because they had nowhere else to go, going to the kids games, the kids birthday party, the adventure in the Wal-mart parking lot when Shane and Holly first started dating, memories from high school, bringing in the New Year with family and friends. Cherish each memory and remember all the good times.
Visitation will be Friday, January 3, 2014, at Jay Funeral Home from 6 p.m. until 9 p.m.
Services will be on Saturday, January 4, 2014, at Jay Funeral Home at 1 p.m. with Brother Mike Hutto officiating services.
Shane will be laid to rest at the Golden Memorial Cemetery in Dixonville.
Active pallbearers will be Eric Wiggins, Jamal Campbell, Chucky Wolfe, Brandon Dannelly, Austin Reid, Brent Emmons, Timothy Dales and Jayden Dales.
Jay Funeral Home is in charge of arrangements.
Hit And Run Driver Kills Pedestrian Overnight
January 1, 2014
The Florida Highway Patrol is searching for a hit and run driver that left a person dead early Wednesday morning.
About 2:25 a.m., an unknown model red Dodge pickup was traveling east on Jackson Street near Wiggins Avenue when it struck a bicycle. The bicyclist was pronounced deceased at the scene. The identity of the bicyclist is not yet known by the FHP.
The pickup was involved in a second hit and run crash and was last seen traveling north on W. Street.
The truck is believed to have extensive front end damage. Anyone with information is asked to call Cpl. M Collins at (850) 471-6924 or dial *FHP.