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Highlights of the 1998 Legal Program
The ACLU continues to maintain Florida's largest civil rights and civil liberties litigation program. Our core focus remains defending freedom of speech, but this year we had successes in cases of national importance in two other areas: challenges to the religious right's attempts to turn public schools into instruments of Christian theocracy, and class action lawsuits that have prohibited cities from criminalizing indigency or homelessness. The following is a summary of some, but not all, of our litigation matters in 1998.
A Choice for Women v. Robert A. Butterworth: The ACLU filed an amicus brief in federal district court arguing that Florida's misleadinglynamed "Partial Birth Abortion" law is unconstitutional. A temporary restraining order has been issued.
Adler v. Duval County School Board: The ACLU challenged the constitutionality of schoolsponsored religious exercises at high school graduation ceremonies in Jacksonville. After losing in the U.S. District Court in May, oral argument was held in midNovember before the U.S. Court of Appeals for the Eleventh Circuit.
Burton v. City of Belle Glade: The ACLU is challenging a history of racially discriminatory property annexation by the City of Belle Glade, which has led to a significant decrease in the proportion of black voters in that city. After losing in federal district court in 1997 on equal protection and Voting Rights Act claims, we are awaiting a decision by the U.S. Court of Appeals.
Chad v. Ft. Lauderdale: This case contests Ft. Lauderdale's treatment of its estimated 5,000 homeless persons, and the constitutionality of a local regulation prohibiting begging at or near Ft. Lauderdale beach. The case is on appeal before the U.S. Court of Appeals.
Doe v. State of Florida HRS: For the last five years, the ACLU (along with the Center for Reproductive Law and Policy) has been challenging Florida's denial of Medicaid funding for abortions for low income women. Final judgment has yet to be granted in the action, but we expect an appeal in the Florida First District Court of Appeal.
Gibson v. Lee County School Board: The ACLU (along with People for the American Way and the law firm of Steel Hector & Davis) brought suit disputing the constitutionality of a public school curriculum in Lee County intended to teach the Bible as literal "history." After a federal district court enjoined school use of the New Testament portion of the curriculum, and instructed the defendants to permit videotaped monitoring of the Old Testament portion, the school board withdrew its curriculum and settled the suit.
Gold v. City of Miami: The U.S. Supreme Court denied a petition for certiorari on claims the ACLU filed against Miami police officers who handcuffed and arrested Michael Gold in 1991 for disorderly conduct after he stated, "Miami police don't do shit," while at an ATM machine. Gold had observed police refusal to enforce handicapped parking laws. The U.S. Court of Appeals ruled against Gold on claims against both the City of Miami and police officers who arrested him.
In the Interest of Tiffany McFarlane, A Child: The ACLU has successfully defended a child in a juvenile proceeding involving the City of Pinellas Park's curfew. The state circuit court recently dismissed the charges based on arguments that the juvenile curfew ordinance violates fundamental rights of parents to raise their children free from undue governmental intrusion.
McKinley v. Kaplan and MiamiDade County: The ACLU filed suit on behalf of a county advisory board member who was terminated by the County Commission for commenting on a county ban on doing business with Cuba. After the county commissioner who appointed her resigned from office as part of a plea bargain on criminal charges, the U.S. District Court dismissed the case as moot. That decision is now on appeal before the U.S. Court of Appeals.
Pottinger v. City of Miami: After ten years of litigation, this class action suit brought on behalf of approximately 6,000 homeless persons in Miami was resolved in a settlement many consider to be historic and a national model for more rational police treatment of homeless persons. Under the settlement, class members who were arrested or had property destroyed by police will be receiving cash compensation of up to $1,500 and police in Miami will adhere to a detailed protocol when dealing with the homeless.
Smithers v. Florida Elections Commission: The ACLU prevailed against the Florida Elections Commission (FEC) on First Amendment grounds after the FEC instituted an investigation of an individual who produced and distributed bumper stickers which stated, "DUMP PRUITT" (his state representative). The state has appealed.
State of Florida v. Allen and Hutton: The ACLU successfully defended members of UHURU, an AfricanAmerican group at the center of disputes with the St. Petersburg police, who were charged with violating a Pinellas County ordinance when they distributed pamphlets announcing meetings and criticizing the city police department.
Torres v. Metropolitan Dade County: The ACLU partially resolved a class action lawsuit brought on behalf of approximately 500 Hispanic day laborers arrested in Miami on charges of "loitering for purposes of temporary employment." There is no such crime in Miami. Day laborers arrested on the charge will receive $2,000 for each improper arrest.
Von Eiff v. Azicri: The Florida Supreme Court unanimously agreed with the ACLU that a Florida statute mandating "Grandparent Visitation Rights" violates the privacy and due process rights of parents. In this case, which involved the grandparents of a child whose parent is deceased and who is being raised by an adoptive stepparent, we argued that the state could not interfere with parents' childrearing decisions without a prior showing that they caused harm to the child.
Warner v. City of Boca Raton: The ACLU brought suit seeking to enjoin the City of Boca Raton from removing or destroying religious symbols from grave sites at its municipal cemetery.
Washington v. Arcadia City Council: Trial was held and lost in two ACLU cases claiming race discrimination and Voting Rights Act violations in the atlarge election systems of the DeSoto County Commission and the Arcadia City Council.
