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ACLU of Florida In The Courts ...
School Vouchers (Bush v. Holmes): On April 24, the Florida Supreme Court declined to review the ruling by the First District Court of Appeal reversing Leon County Circuit Court Judge L. Ralph Smith's decision finding private school vouchers unconstitutional based on Article IX, Section 1, of the Florida Constitution. The case now returns to Judge Smith's court where the full range of constitutional issues (four in total) will be argued. Another claim is that the voucher program funnels tax dollars from the state to any "church, sectarian or religious denomination," in violation of another section of the state Constitution. Two other legal arguments, which have yet to be addressed by any court of law, include the fact that the program violates Article IX, Section 6 of the Florida Constitution and the Establishment Clause of the First Amendment to the U.S. Constitution.
First Amendment (Celestin v. Sorey) The ACLU stepped in on April 26th to defend North Miami Mayoral candidate Duke Sorey against claims that he violated a section of the City of North Miami's Election Code that prohibits running ads that refer to an affiliation with a political party. Josaphat J. Celestin, also a candidate for North Miami Mayor, sued Sorey based on a city code that makes all elections non-partisan. The ACLU of Florida and its Greater Miami Chapter defended Sorey's right to state his party affiliation as essential to the right of voters to receive information about political candidates and a core element of the First Amendment's free speech protection. On April 30th, Miami-Dade Circuit Court Judge Norman S. Gerstein rejected the motion prohibiting Sorey from stating his party affiliation.
Free Expression (U.S. v Hernandez) On Feb. 23, the Eleventh Circuit U.S. Court of Appeals stayed a federal gag order aimed at stopping Cuban exile leader Jose Basultó from making a memorial flight to commemorate the fourth anniversary of the shoot-down of civilian planes flying over the Florida straits by the Cuban military. The court ruled that it was inappropriate to apply the broadly-worded court orders issued by U.S. District Court Judge Joan A. Lenard to Basultó's "proposed activities." The ruling ultimately permitted Basultó and other members of his exile group Brothers To The Rescue to fly over "Martyrs' Point" - the area in international waters where four civilians were killed when Cuban MiGs attacked their Cessnas. Basultó has made the memorial flight every since 1997. Judge Lenard is presiding over the ongoing trial of alleged Cuban spies, and Basultó is one of the primary witnesses in the heavily-publicized case.
Juvenile Curfews (T.M. v. State) ACLU-FL cooperating attorney Bruce Howie argued before the Florida Supreme Court on behalf of Tiffany McFarlane, who was arrested in 1997 for violating Pinellas Park's juvenile curfew ordinance. During oral arguments, on February 6, he claimed the ordinance violates the fundamental rights of parents to raise their children without government intrusion. In 1998, Pinellas-Pasco Circuit Judge Peter Ramsberger ruled that the curfew ordinance was unconstitutional. However, the 2nd District Court of Appeal overturned that order in May of last year. Two months later, the curfew was reinstated. Although the Florida Supreme Court did not entirely strike down the ordinance, it held that the "strict scrutiny" legal standard applies when deciding whether other curfew laws (similar to the Pinellas Park ordinance) violate the state Constitution or parents' rights.
