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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.
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