Issues in Civil Liberties in Pinellas County Florida

The Legal Panel Report
The Pinellas ACLU legal panel is a group of volunteer cooperating attorneys who meet each month to receive and discuss cases in the form of written complaints received either directly by mail or through the state ACLU office. These volunteer attorneys investigate and take on cases pro se based on their own experience and interests.

The cases selected by the legal panel are typically cases where the civil or constitutional rights of individuals have been unduly restricted by government action, where a large number of individuals may be affected, where the issues are legal rather than factual, and where the complainant has no other recourse or remedy. In those cases which are not "ACLU cases," we attempt to put the individual in touch with an attorney or agency that can help.

Highlights for 2009

by Bruce G. Howie

The Pinellas legal panel is a group of volunteer cooperating attorneys who
meet each month to receive and discuss cases in the form of written complaints
received either directly or through the state ACLU office. These volunteer
attorneys investigate and take on cases pro bono based on their own experience
and interests.
The cases selected by the legal panel are typically cases where the civil or
constitutional rights of individuals have been unduly restricted by government
action, where a large number of individuals may be affected, where the issues are
legal rather than factual, and where the complainant has no other recourse or
remedy. In those cases which are not “ACLU cases,” we attempt to put the
individual in touch with an attorney or agency that can help.
Here are a few highlights for this year:
We assisted Kenneth City mayoral candidate Teresa Zemaitis, who
despite winning over 70% of the popular vote was barred by the town charter from
serving as mayor because as a county public schoolteacher she was considered a
“public employee.” We argued that the ordinance was an unconstitutional
restriction upon persons running for public office and a disenfranchisement of the
voters who elect them. Although we initially lost in court and prepared to appeal,
the Kenneth City council and attorneys worked with us to reach a compromise
allowing Ms. Zemaitis to serve as mayor pro tem until the next general election in
March 2010 where the town voters will have the opportunity to repeal the charter
provision prohibiting public employees (other than town employees) from serving
as mayor.
We received the case of The Complete Angler, a bait and tackle shop that
was cited by code enforcement for the City of Clearwater because of an outdoor
wall mural depicting local species of fish which the City claimed to be a violation
of the business sign ordinance. Through ACLU attorneys Maria Kayanan and
James Green, we successfully argued in the Tampa federal court that the mural
was artistic expression protected by the First Amendment. The City settled with
us, paid damages, and dropped the citations against our client.
We learned this year that the City of Largo publicizes and sells tickets to
the mayor’s annual prayer breakfast in apparent violation of the First
Amendment’s establishment clause, and we are preparing to work with claimants
on this issue.
We have monitored the ongoing threat of vacating the sidewalk on the
north side of Second Avenue North in downtown St. Petersburg to the Baywalk
complex. It is our position that the sidewalk is a traditional public forum
frequently used by a wide number of interest groups to exercise their First
Amendment free speech rights. Mark Kamleiter, Glenn Katon, and others have
spoken forcefully and to great effect on this subject to the city council which in
October voted against vacating the sidewalk, but the issue is not dead yet.
An ongoing chapter project led by Glenn Paul continues to be Rights restoration.

Thanks to the following attorney members of the Legal Panel for their time
and efforts: Marcia Cohen, Doreen Doe, Karen Doering, Rick Escarraz, Nancy
Gorman, Adrien and Ed Helm, Diane Hodson, Mark Kamleiter, Glenn Katon, and
Bill Penrose. Thanks and a fond farewell to Becky Steele for all of her hard work
and support. Also thanks to Carol Steele, Dwight Lawton, Ray Arsenault, Jeanie
Blue, Paul Pohlman and Thom Foley who have frequently attended legal panel
meetings. Special thanks to the ageless Jerry Moore, the memory (if not the
conscience) of the legal panel, who reminds us when we forget our meeting
schedule.

Suggestions? Problems? Email: Webmaster

Stay informed! Join the Florida ACLU Action List