Home » About » Newsletters » February 1997
Legal Docket
Compiled by Legal Assistant Toni Leeman, February 1997
Updated Quarterly
First Amendment
Antolak v. Broward County School Board
Cooperating Attorneys: Stephen Wisotsky and Legal Director Andrew H. Kayton for the Broward Chapter
A year ago, Rebecca Antolak, an advanced placement high school student in the Broward County Magnet School for the Performing Arts, produced a large male nude sculpture that was displayed in the school lobby. Following complaints of a few teachers and students, the sculpture was ordered removed from the lobby by the school principal, although other student works showing female nudes continued to be displayed. In a show of solidarity, other arts students removed their works from display. The ACLU filed suit in March 1996 on behalf of Antolak, alleging the principal's actions and the school board's censorship policy were unconstitutional. The case has preliminarily been settled, pending court approval, with the school board agreeing to revision of its policy and payment of $25,000 in damages to Rebecca along with some of her attorneys' fees.
Andre v. University of South Florida
Cooperating Attorneys: George Rahdert and Cynthia Hain
Amy Andre is a senior at the New College Campus of USF in Sarasota and editor of Pillowbook, an erotica magazine funded by the student government. In October she threw a party on campus, at which students and administrators were present, to celebrate publication of a recent issue of the magazine. At the party, she projected on a dorm wall a videotape entitled, "Annie Sprinkle's Sluts and Goddesses Video Workshop, or How to be a Sex Goddess in 101 Easy Steps." The same videotape was shown on the same campus last spring as part of the classroom curriculum for a Lesbian Studies course. Annie Sprinkle is a nationally wellknown performance artist.
USF campus police confiscated Andre's videotape during its showing at her party and turned it over to the Sarasota County State Attorney's office. The state attorney declined to bring charges against Andre, but determined that the videotape was "obscene" and turned it over to the university rather than to Andre. The university then refused to return the videotape to Andre. The University President, Betty Castor, appointed a special committee to "investigate" the matter, to recommend whether disciplinary charges should be brought against Andre and to review school policies under which Pillowbook has received funding. On January 8, 1997, the ACLU filed suit in the U.S. District Court in Tampa seeking return of the videotape, damages, a declaration that the university's actions violated Andre's First and Fourth Amendment rights and an injunction against the university and its officials. The court granted the ACLU's motion for a preliminary injunction on January 24, 1997.
National People's Democratic Uhuru Movement and Alvalita Donaldson v. City of St. Petersburg and Pinellas County
Cooperating Attorneys: Mark Brown, James K. Green and Bruce Howie for the Pinellas Chapter and State Affiliate
The Uhurus became the focus of public scrutiny and police hostility in connection with riots in St. Petersburg that followed the killing of TyRon Lewis, a black motorist, by James Knight, a white police officer. This particular case involves a challenge to police enforcement against the Uhurus of a Pinellas County Ordinance that prohibits distribution of leaflets to motorists from sidewalks and easements. Following a grand jury decision not to indict Knight, police began arresting Uhuru members under that local ordinance when Uhurus distributed political leaflets and handbills which were critical of St. Petersburg police. The Uhuru organization and one its members, represented by the ACLU, have brought suit in federal district court challenging the constitutionality of the ordinance and seeking to enjoin its further enforcement. The Pinellas Chapter is also planning to represent Uhuru members being prosecuted on criminal charges under the ordinance.
Religious Exemptions to Vaccines
Cooperating Attorney: Legal Director Andrew Kayton
We were contacted by a couple from Panama City in September who were told by the medical director of HRS' Bay County office and by their children's school principal that, contrary the parents' religious beliefs concerning vaccinations, their children must be immunized in order to attend school. There is a statutory immunization exemption in Florida based on religious grounds, but HRS repeatedly refused to honor that exemption in this case. The ACLU drafted and sent an opinion letter to HRS maintaining that HRS' actions in this instance violated state law and both the federal and state constitutions. HRS then granted a religious exemption for this family to the state's vaccination requirements.
Due Process
Jordan v. Towey
Cooperating Attorneys: Louis K. Nicholas, II and Louis Jepeway for the Dade Chapter
In 1981, Adolphus Jordan was acquitted by reason of insanity on three counts of first degree murder and two counts of display of a firearm. Jordan was then involuntarily hospitalized by order of the court under maximum security conditions at Florida State Hospital. In 1985, the treatment staff reported that he no longer met the criteria for continued involuntary hospitalization. Since then Jordan has sought conditional and unconditional release. Based on a habeas petition filed by the ACLU, a federal magistrate issued a report and recommendation finding Jordan's continued state commitment to be a violation of due process. On December 23, 1996, the U.S. District Court in Miami affirmed the magistrate's recommendation to release Mr. Jordan, with the provision that the state produce a plan within 30 days to reintegrate him into the community. This plan has not been produced, and instead the state has filed a motion to stay the proceedings and a notice of appeal.
In Re: Baby K
Cooperating Attorneys: James L. Soule and Elizabeth Daugherty for the Broward Chapter
Our client in this matter is the biological father of Baby K, who was adopted by another couple without notice to the father or his consent. Baby K was born into an intact family but the mother subsequently left with the child, who later was taken into custody by HRS after she was physically abused by the mother's boyfriend. Parental termination proceedings were then instituted against both biological parents in Dade County but the father, then living in Broward County and unaware of his daughter's whereabouts, was never notified of those proceedings. He was easily findable, and HRS failed to undertake acts to locate the father that are mandated by statute. Ironically, at one point the father, unaware of termination proceedings against him, went to HRS' offices to inquire whether the state knew the location of his wife and daughter and was denied access to such information. The father's parental rights were terminated, and the child was adopted by her foster parents. Upon finally learning of such proceedings, the father has moved to vacate the termination of his parental rights on the grounds that it violated his due process rights; he is represented by the ACLU for purposes of that motion.
Right of Privacy
McIver v. Krischer
Cooperating Attorneys: Robert Rivas and Florence Snyder Rivas
This action challenging Florida's prohibition on assisted suicide went to trial beginning January 6, 1997 with a fair amount of media coverage. Some of you may have seen parts of the trial featured on Court TV. Charles Hall is a terminally ill AIDS patient who wishes to choose the timing of his death and Cecil McIver is his physician, who wishes to prescribe medication for Hall, without fear of criminal prosecution, that would enable Hall to fulfill that wish. By all accounts, Robert Rivas, the cooperating attorney in this matter, presented a masterful case at trial. The plaintiffs' claims are brought under the privacy amendment to the Florida Constitution, as well as the due process and equal protection clauses of the U.S. Constitution, and should survive even if the U. S. Supreme Court, in the highprofile righttodie cases currently on its docket, upholds state prohibitions on assisted suicide under the federal constitution.
Equal Protection/ Gay and Lesbian Rights
Amer v. Johnson
Cooperating Attorney: Karen Amlong for the Broward Chapter and State Affiliate
On January 7, 1997, Judge John Frusciante granted our motion to amend the complaint and allowed us to include several new plaintiffs in this case challenging the constitutionality of a Florida Statute that prohibits homosexuals from adopting children. Only two states, Florida and New Hampshire, have statutes maintaining such a prohibition. Our new plaintiffs include a gay couple, both Disney employees, who legally adopted a child while living in Seattle, Washington, moved to Florida two years ago and now wish to adopt another child. Another plaintiff joined in this matter is a lesbian grandmother who wishes to adopt her natural grandchildren so that she can, among other things, provide medical health insurance for them through her employer. She already has had legal custody of the children for the last three years. These new plaintiffs join June Amer, a foster care parent rejected by HRS (because she is a homosexual) when she applied to adopt the same child she competently cared for in her home for many years. This matter is set for trial in May 1997.
