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ACLU of Florida In The Courts ...
Report from Legal Director Randall Marshall
Voting Rights (Diamond v. Town of Manalapan; U.S. District Court, S.D. Fla.): The Town of Manalapan, located in Palm Beach County, has three voting districts. There are 232 people living on the island part of town ? "the Point" ? and 89 living on the coastal side ? "the Ocean." Although the Point has a much higher population, it constitutes only one district; the Ocean constitutes two. Each of the districts is allotted two commissioners. A candidate must reside in the district and only residents in the district may vote in that district. The ACLU of Florida was contacted by Point residents who want the town reapportioned in accordance with the 2000 U.S. Census data. The extreme variation existing in Manalapan far exceeds any malapportionment permitted by the courts, violating the "one-person, one-vote" principle established by the Supreme Court in 1964. We filed suit in January seeking to enjoin the March 2002 elections pending a constitutionally acceptable reapportionment. The court held a two-day hearing on February 21 and 22. Within hours of the hearing, the court issued an order denying immediate injunctive relief. The Court found, however, that the Town Commission was clearly malapportioned and that plaintiffs have a substantial likelihood of success on the merits. However, given the imminent elections, that court found that there was no irreparable harm and that it should first give the Town an opportunity to propose a plan. Thus, the court ordered the Town to "propose and adopt a constitutionally permissible apportionment plan and if necessary, hold a special election, no later than September 3, 2002." Cooperating attorneys: James Green and Glen Torcivia. Neil Bradley of ACLU's National Voting Rights Project and Randall Marshall are also counsel of record.
Religious Freedom
(Sultaana Lakiana Myke Freeman v. State of Florida; 9th Judicial Circuit, Orange County): Ms. Freeman is a Muslim who wears a Niqab (a veil that covers the head and face except for the eyes) whenever she is out in public, in front of strangers or unrelated males. The wearing of the veil reflects a tenet, practice and/or custom of her religion. Prior to moving to Florida in 2001, Ms. Freeman held an Illinois driver's license in which she was wearing a Niqab. Florida similarly issued her a license with a picture in her veil in February 2001. Sometime after September 11, either as a result of a Departmental review or a media review of records, Ms. Freeman's driver's license picture was featured in Florida newspapers. The Department then ordered Ms. Freeman to have her picture taken without the Niqab or the license would be suspended. Because of her religious belief regarding the Niqab, she was unable to have her picture taken without it, and her license was suspended. We have sought review of the Department's suspension and have also brought a claim under Florida's Religious Freedom Restoration Act (RFRA), enacted in 1998. Under RFRA, the state may not substantially burden a person's exercise of religion, unless the government can show a compelling governmental interest. Preliminary research indicates that Arkansas, Colorado, Idaho, Iowa, Illinois, Indiana, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North Carolina, Oregon, and South Carolina have exceptions for a photograph requirement on a driver's license based upon religious or other grounds. Cooperating attorney: Howard Marks, Winter Haven. Randall Marshall is also counsel of record.
Separation of Church and State: (Town of Inglis; resolved without litigation): In an inspirational moment, the mayor of the Town of Inglis sat down and wrote a proclamation banning Satan from within the Town's limits. The proclamation (with the mayor proclaiming herself as appointed by God) was then placed in posts at each of the Town's four entry ways, with the posts saying "repent," "request," and "resist." The mayor was later quoted, standing by one of the posts, "this is where the Christian people are praying the evil will leave our town." The mayor was also quick to point out that her actions were "non-denominational." When asked by a local reporter how that could be since she invoked Jesus' name, she responded, "without Jesus there is no redemption." After being threatened with an ACLU lawsuit, the Town Commission met and, despite a raucous crowd supporting the mayor and damning the ACLU, disavowed the proclamation and declared that it was not authorized under the Town Charter. The mayor reimbursed the Town for telephone calls, stationary and copy paper. The posts were moved onto private property. Cooperating attorney: Gary Edinger, Gainesville.
Secret Evidence: (Mazen Al Najjar v. Ashcroft; U.S. District Court, S.D. Fla.): Dr. Mazen Al Najjar, a former University of South Florida professor and stateless Palestinian who has resided in the United States since 1981, was detained for over three and a half years on the basis of secret evidence that he never had an opportunity to confront or rebut. He was finally released in December 2000. The government continued its appeal of the district court order that led to his release, but in November 2001, following a separate Eleventh Circuit panel affirming his order of deportation, the Eleventh Circuit dismissed the appeal as moot because the district court order depended upon detention standards prior to a final order of deportation. Following the 11th Circuit's affirmance of the deportation orders, Dr. Al Najjar was again taken into custody on November 24, and has been in solitary confinement since that date. We sought relief in the district court. Following special briefing on the issue of whether the district court had jurisdiction, Judge Lenard ordered our supplemental complaint filed as an original action, assumed jurisdiction over it, and denied relief. We are seeking emergency review in the 11th Circuit.
