Latest news with #ACLUofFlorida
Yahoo
08-08-2025
- Politics
- Yahoo
ACLU sues Florida Gov. DeSantis over missed judicial appointment deadline
For the second time in two months, Gov. Ron DeSantis has failed to meet the deadline to appoint someone to fill a judicial vacancy, prompting a legal challenge from the American Civil Liberties Union of Florida. ACLU of Florida filed suit with the Florida Supreme Court on Aug. 8 on behalf of Gary Edinger, a First Amendment lawyer and resident of the 8th Judicial Circuit, which covers Alachua, Baker, Bradford, Gilchrist, Levy and Union counties. The filing asks the court to require DeSantis to fill a vacancy that arose when Judge Michael Moseley submitted his resignation April 1, effective June 30. DeSantis convened the circuit's Judicial Nominating Commission, which returned a list of four names to him on June 4: Michael Becker, Lorelie Brannan, Joy Danne and Kristine Van Vorst. Florida's constitution requires the governor to make an appointment within 60 days after the JNC submits its nominees, but DeSantis has yet to name a successor to Moseley. As the ACLU filing notes, the timing of the appointment is important. If the appointment isn't made by Aug. 18, whomever DeSantis names to the vacancy won't have to appear on next year's ballot. Florida law requires appointed judges subject to elections to go before voters if they were appointed more than a year before the next election. The primary election next year is Aug. 18, 2026. 'When a governor flouts the constitutionally mandated deadline for appointing a trial judge, that can illegally deprive voters of their right to vote on the judge at the next election,' the filing says. 'It can also confer an unconstitutional benefit on the appointee by adding an extra two unlawful years to their initial term, which the Constitution does not permit.' A request for comment is pending with DeSantis' press office. The lawsuit comes after a similar suit filed by the ACLU in July on behalf of Maite Garcia, an attorney and resident in the 2nd Judicial Circuit, which includes Leon, Gadsden, Wakulla, Jefferson, Liberty and Franklin counties. That suit involved the vacancy that arose when Judge Robert Wheeler resigned on March 28. The suit was voluntarily dismissed after DeSantis appointed Jason Jones, a Leon County judge who was once general counsel for the Florida Department of Law Enforcement, to replace Wheeler on July 17 – two weeks after the ACLU filed the legal challenge. More: ACLU of Florida drops lawsuit after Gov. DeSantis fills Tallahassee judicial vacancy Gray Rohrer is a reporter with the USA TODAY Network-Florida Capital Bureau. He can be reached at grohrer@ Follow him on X: @GrayRohrer. This article originally appeared on Tallahassee Democrat: DeSantis sued again by ACLU for failing to fill court seat on time Solve the daily Crossword
Miami Herald
18-07-2025
- Miami Herald
Woman in crisis was stripped, strapped to chair at Florida ICE center, suit says
A woman's mental health deteriorated in solitary confinement at a U.S. Immigration and Customs Enforcement facility in Florida, where guards responded to her distress by stripping her naked and strapping her to a restraint chair, according to a new federal lawsuit. Officers at the Baker County Detention Center in Macclenny first forced the woman into an anti-suicide smock after removing her clothes, the lawsuit says, but the smock 'was damaged and left one of (her) breasts exposed.' After the woman was restrained to the chair, she tried to cover herself by adjusting the ripped smock, but her other breast became exposed in the process, according to a complaint filed July 16 in U.S. District Court for the Middle District of Florida on her behalf. 'Instead of covering her up, the officers then stared and laughed at her while her breasts were exposed,' the complaint says. For the next several hours, 'officers continued to walk by and ogle her through the window of her cell,' the filing continues. The experience was extremely traumatic for the 33-year-old woman, who is a human trafficking survivor, the complaint says. She was detained at the ICE facility, which is operated by the Baker County Sheriff's Office, from May 2023 through July 2023, according to the ACLU of Florida, Robert F. Kennedy Human Rights, and Gibson Dunn law firm, the organizations representing her. The groups are calling for the center to be closed, the ACLU of Florida said in a July 17 news release. The woman is suing Baker County Sheriff Scotty Rhoden and other employees at the center, including a few officers, during her detention on four causes of action, accusing them of constitutional violations. 'Faced with a woman in crisis, Baker officers chose to demean and degrade (her) at every turn,' Sarah Gillman, Robert F. Kennedy Human Rights' director of strategic litigation, said in a statement. Rhoden and ICE did not immediately return McClatchy News' request for comment on July 18. In November, a civil rights complaint over the woman's treatment was sent to the U.S. Department of Homeland Security's Office for Civil Rights and Civil Liberties, McClatchy News previously reported. A whistleblower disclosure was also filed on behalf of a former nurse at the facility. According to the ACLU of Florida, DHS responded to that complaint and 'confirmed several egregious conditions issues at Baker, including abuse by facility staff.' When the woman was at the center, according to the November complaint, she was denied clean clothes, feminine products, showers and medical care. 'They treated us like animals,' the woman, who is Colombian, said in a translated video testimonial published by the ACLU of Florida on Nov. 20. 'They threw food at me, they insulted me. … They didn't let me take a bath,' she said. Nearly a month in solitary confinement The lawsuit says the woman was wrongly put in solitary confinement after she asked for feminine hygiene products and couldn't understand officers' English commands. When she was first detained at the detention center in May 2023, officers wrongly identified her first language as English and failed to communicate with her in Spanish, according to the complaint sent to DHS. Despite the woman having a medical history of hypothyroidism, PTSD, depression and anxiety, the officers considered her as having no 'immediate health needs or problems' because they failed to properly assess her, according to the complaint. On May 25, 2023, she asked an officer for a 'bathroom in English, then tried to explain she needed feminine hygiene products in Spanish, the lawsuit says. The officer responded in English, but the woman did not understand, according to the filing. That is when the officer became 'irate and began to speak faster,' then started yelling at her in English, the July 16 complaint says. Three other officers got involved as the woman continued to explain that she needed menstrual products to no avail, according to the complaint. Afterward, she was put in solitary confinement, where her mental health deteriorated, the lawsuit says. 'When Baker personnel's mistreatment caused Ms. Doe's mental health to deteriorate to the point where she began to harm herself,' the lawsuit says she was then stripped and restrained to the chair. The woman was released from the center on bond in July 2023, according to the complaint. The lawsuit seeks an unspecified amount in damages for her pain, suffering and emotional distress. She also demands a jury trial. 'Unfortunately, the abuse that (she) endured at Baker reflects a broader and deeply troubling pattern of inhumane conditions in ICE detention centers across Florida,' Amy Godshall, an ACLU of Florida legal fellow and immigrants' rights attorney, said in a statement. 'Too many people are suffering in silence, facing horrific conditions, and unable to speak out about the dehumanization they face in ICE detention.' Macclenny is about a 30-mile drive west from Jacksonville.
Miami Herald
17-06-2025
- Politics
- Miami Herald
Activists gather outside Miami City Hall ahead of vote on ICE agreement
Dozens gathered outside Miami City Hall on Tuesday morning ahead of a vote by the Miami City Commission that would enter the city into an immigration enforcement agreement with ICE, known as a 287(g) agreement, that would deputize police in South Florida's largest city with immigration enforcement powers. 'We've gathered today to send a clear and urgent message: turning local police into immigration agents under 287(g) agreements is dangerous for Miami,' said Dariel Gomez, a statewide organizer with the ACLU of Florida. 'Miami is a city shaped by immigrants. We can see that right here.' To date, Miami city commissioners have been cautious with their responses to questions on whether they intend to vote to enter the agreement — a decision that could have major impacts in a city where about 58% of residents are foreign born and over 70% are Hispanic or Latino, according to U.S. Census Bureau data. With just under a half-million people, Miami is the largest city in Miami-Dade County and the second largest in Florida. 'We're not Los Angeles, we're not New York, we're not Dallas. Miami is Miami, a city where Spanish, Creole, English, various faith traditions all coexist on the same block,' said Senior Pastor Sherlain Stevens of the Ebenezer United Methodist Church, adding: 'Diversity is our superpower.' The commission chambers were packed Tuesday morning, with a line of people waiting outside to give public comment. Municipal and local police departments are not explicitly required to join 287(g) agreements, but Gov. Ron DeSantis and Florida Attorney General James Uthmeier have argued that under the state's sanctuary law, they are mandated to do so. Uthmeier threatened to punish Fort Myers City Council members earlier this year when they declined to enroll in the program. Still, most Miami-Dade cities, including Miami Beach and Miami Gardens, have yet to join, according to ICE's database for participating agencies. Miami resident Natalia Menocal said Tuesday she doesn't want community members 'to fear making a quick trip to Publix or enjoying a day at the beach because they look or sound like an immigrant or are not carrying the proper paperwork.' '287(g) would make it dangerous for anyone in Miami who 'looks like an immigrant' or has an accent to walk around without their papers,' Menocal said. ' ... That's not the side of history we want to be on.' This story will be updated throughout the day.
USA Today
13-06-2025
- Politics
- USA Today
'We will kill you': Florida sheriff warns protesters not to attack deputies
'We will kill you': Florida sheriff warns protesters not to attack deputies The remarks drew criticism from the ACLU of Florida. Gov. Ron DeSantis said the state has drawn a clear line between protesting and rioting. Show Caption Hide Caption Officials warn: Rioters in Florida could face jail, even death At a June 12 press conference, Florida AG James Uthmeier and Brevard Sheriff Wayne Ivey warned protesters about possible consequences for violent acts. A Florida sheriff warned immigration enforcement protesters that law enforcement would "kill you, graveyard dead" if they become violent toward deputies. "If you hit one of us, you're going to the hospital and jail, and most likely get bitten by one of our big, beautiful dogs that we have here," Brevard County Sheriff Wayne Ivey said at a June 12 news conference. "If you throw a brick, a fire bomb or point a gun at one of our deputies, we will be notifying your family where to collect your remains, because we will kill you, graveyard dead. We're not going to play." The comments came after a week of protests in Los Angeles against Immigration and Customs Enforcement raids, as Florida officials warned would-be protesters in advance of expected rallies around the nation June 14 that Florida is not California. The state leaders said any rioting would be "nipped in the bud right away." The remarks, including the threat of death against violent protesters, drew criticism from the ACLU of Florida, which warned the states' sheriffs that they would have to pay millions of dollars in damages if they use excessive force against protesters. "Brevard County Sheriff Wayne Ivey's violent and provocative threat to 'kill' protesters exercising their First Amendment rights is extremely un-American, and unbecoming for an elected leader sworn to protect the public," the state's ACLU chapter said in a post to social media. Since President Donald Trump took office in January and started acting on his campaign promise of mass deportations, ICE and related agencies have quickly escalated efforts to remove undocumented immigrants, prompting anti-ICE protests to spread to cities nationwide. In some cases, peaceful protests have turned to chaotic scenes with clashes between local law enforcement and protesters accused of throwing rocks and even Molotov cocktails. Ivey said at the news conference that peaceful protest is "part of our democracy" and welcome in his county. "The key word in that is peaceful," he said. "If you let it turn violent ... you do not want to do that in Brevard County." Florida passed an "anti-riot" bill in 2021 that says peaceful protesters can face criminal charges if their actions become violent. On June 9, Gov. Ron DeSantis said the state has "drawn (the) line very clearly" between protesting and rioting. About 2,000 "No Kings Day" demonstrations are planned around the country on June 14. According to the No Kings website, as of June 10 over 75 of the protests (including multiple in a single city) are planned across Florida. Florida will 'never become California,' officials say At the June 12 news conference, law enforcement officials remained steadfast in their support of federal anti-illegal immigration efforts and vowed to protect ICE officers who are "being put in harm's way just for doing their jobs." "Florida will 'never become California,'" Florida Attorney General James Uthmeier said. He said if ICE officers feel they are being intimidated or threatened while in Florida they will be able to notify the Florida Highway Patrol, which will provide "routine check ups and patrols." FHP Col. Gary Howze said in the past several months the state has detained more than 2,000 undocumented immigrants. Larry Keefe, the executive director of the State Board of Immigration Enforcement, said the state will add riot response tactics to its "blueprint" for mass deportation so other states may follow suit. "There's no reason other states shouldn't have the backs of the federal law enforcement officers and their families while they're in California or in any of the other states," said Keefe, the former top federal prosecutor for north Florida. Ana Goñi-Lessan, state watchdog reporter for the USA TODAY Network – Florida, can be reached at agonilessan@
Miami Herald
13-06-2025
- Politics
- Miami Herald
DeSantis says protesters on roadways can be run over by drivers. Is that true?
The thousands of Floridians expected to march in the No Kings National Day of Defiance on Saturday had better be on their best behavior, warned Florida's governor. Gov. Ron DeSantis said that drivers will not be at fault if they hit protesters that block roadways in a clip that took social media by storm. Interviewed on a Reuben Report podcast episode released Wednesday, he said 'you have a right to defend yourself in Florida.' 'You have a right to flee for your safety, and so if you drive off and you hit one of these people, that's their fault for impinging on you,' DeSantis said. 'You don't have to sit there and just be a sitting duck and let the mob grab you out of your car and drag you through the streets.' Under Florida's relatively new anti-riot law, he's not completely wrong, legal experts say. One of the main concerns of elected leaders who unsuccessfully fought the anti-riot bill four years ago is the bill, they say, is too vague. 'I'm worried about its ambiguity,' said Democratic Florida State Sen. Shevrin Jones, who represents Miami Gardens and other sections of North Miami-Dade. 'Can an individual who is just standing there and something breaks out be arrested? Is an individual able to run over a protester?' Though concerns still exist, some of the key components of the bill were muted by the courts after being challenged by the ACLU of Florida, the Community Justice Project and other First Amendment rights groups. Florida's Supreme Court essentially shut down the state from labeling peaceful protesters as rioters, which would have allowed for a plethora of criminal charges. (A federal appellate court later ruled peaceful protesters could face criminal charges if their protests turn violent.) As for Jones' concern about drivers being able to legally mow down protesters, that's not the case, said Alana Greer, director of the Community Justice Project. What the Legislature did was enable a driver who hits someone during a riot to basically claim Stand Your Ground in a civil lawsuit only. And, Greer said, so far the ACLU and the Community Justice Project are not aware of anyone who's been charged under the state's anti-riot bill, known formally as the 'Combating Public Disorder Act.' 'HB 1's [the bill's] goal was to chill everyday Floridians desire to go out and protest,' said Greer. 'The reality is the Constitution still protects our ability to go out and protest.' The law does allow a person to be cited for a pedestrian violation if they 'willfully obstruct the free, convenient, and normal use of a public street, highway or road.' For instance, if a person stands or remains on a street, highway or roadway, they would be in violation of a section in state laws that would subject them to a $15 traffic citation. U.S. Rep. Frederica Wilson, the Democrat who represents northern Miami-Dade and southern Broward, said the bill has caused her enough angst to alter directions to her constituents on how to react if they spot agitators Saturday. Wilson said she's concerned members of the far-right militia group the Proud Boys might infiltrate the crowds in Florida. She initially told people not to run or cause a ruckus, but to immediately sit down and remain silent. But concerned over the law's section that mentions motor vehicles, she is now telling them to make their way to the nearest sidewalk before sitting down silently. 'Be very, very careful,' the congresswoman said. Controversial law The law was created in the wake of the thousands of Black Lives Matter protests that rocked the country in the summer of 2020 following the death of a Minneapolis security guard named George Floyd. The intensity of those marches and the tens of millions of people who took part so unnerved conservative legislatures across the country that several states passed bills expanding police powers and increasing penalties on wayward marchers. The controversial Florida bill boosted penalties for anyone taking part in a violent public disturbance and gave law enforcement more leeway in dealing with violent protesters. The bill also allows people to sue local governments for damages caused during a riot or unlawful assembly, creates new crimes that include mob intimidation and inciting a riot and can land a person in prison for up to 15 years for tearing down a memorial dedicated to a historical figure. The Saturday marches are scheduled to take place in 2,000 cities across the country, including about 75 throughout Florida. Locally, they're planned for Miami's Torch of Friendship, Pride Park in Miami Beach, North Young Circle in Hollywood and two spots in Fort Lauderdale: A1A and Sunrise Boulevard and 335 SE Sixth Ave., in addition to Key Largo, Marathon and Key West in the Keys. READ MORE: 'No Kings' anti-Trump protests planned across South Florida amid LA unrest. See where They protests are in response to the federal crackdown of protesters in Los Angeles, who were marching in response to the nation's new stringent immigration policies. The No Kings march is also planned to coincide with President Trump's military parade and birthday celebration in Washington on Saturday. Trump has said protesters were not welcome and would receive 'very heavy force' if they show up. Earlier this week in Jacksonville, DeSantis said law enforcement around the state is ready to act and warned protesters they'd be arrested if they blocked streets or destroyed property. He said peaceful protesting was fine, but alerted people not to 'cross the line.' 'We're not going to just sit idly by and let the inmates run the asylum,' he said. No charges filed in 'Patria y Vida' protests The closest South Florida has come to the expected crowds this weekend was probably during the summer of 2021, when thousands of people took to the streets during the 'Patria y Vida' marches. Protesters marched in unison with the hundreds of Cubans who had been arrested, beaten up and censored for protesting openly on the island. Those marches took place three months after the state passed its anti-riot act, which clearly states that someone will be cited for a pedestrian violation if they 'willfully obstruct the free, convenient, and normal use of a public street, highway or road.' Police, that day, gave marchers a break. Despite thousands of people clogging main arteries on Coral Way and even closing down a section of the the Palmetto Expressway, there were no arrests under the new law. READ MORE: Is Cuban-Americans' highway protest in Miami breaking Florida's new anti-riot law? A teen videotapes an ugly confrontation Floyd was 46 when he was killed gasping for breath under the knee of Minneapolis police officer Derek Chauvin, who would later be convicted of unintentional murder and manslaughter. A teenager named Darnella Frazier could not have foreseen at the time how the decision to train her cellphone video recorder on Chauvin and Floyd for those ill-fated nine minutes would reverberate through law enforcement circles. Five years later, that chilling scene could have a direct result on the interactions between police and protesters on South Florida's streets. Still, the No Kings march is an event that representatives Jones and Wilson say is needed now more than ever — anti-riot bill, or not. 'I'm encouraging people to express discontent and express their First Amendment rights to march and protest,' Wilson said. 'But I'm also telling them to be careful.' Said Jones: 'This absolutely needs to be done. You have a president that has gone rogue. A president who doesn't believe in the letter of the law. Democracy is not a spectator sport. And these are not radical people. These are patriots.' Miami Herald writer Siena Duncan contributed to this report.
