Florida Supreme Court approves amendment that discriminates against military
Dateline: 12/18/2008
http://www.moaafl.org/News.aspx?NewsID=8
On December 18th, in a 4 to 3 ruling, the Florida Supreme Court narrowly approved a proposed constitutional amendment for placement on the 2010 ballot that discriminates against the First Amendment rights of Florida active duty military and National Guard who are deployed out of state.
The amendment also discriminates against disabled, housebound Florida voters. If approved by 60% of the electorate, the provision will become part of the Florida Constitution.
The proposed constitutional amendment is sponsored by Floridians for Smarter Growth, a political action committee backed by the Florida Chamber of Commerce. The admitted aim of the Chamber-backed petition is to derail and defeat the Florida Hometown Democracy Amendment which will automatically allow votes on changes to local growth plans. The Chamber-backed amendment only allows a citizen vote on changes to a local growth plan after completion of an onerous process requiring 10% of voters to physically go to the local supervisor of elections’ office and sign a petition within 60 days. In effect, the process is designed to, and will make it next to impossible to actually achieve the right to vote on growth plan changes approved by local city and county commissions. Stunningly, the Chamber-backed amendment effectively bans the participation of many thousands of active duty military and National Guard deployed out of state. For example, Florida voters deployed in Iraq or Afghanistan will be barred from participation because they cannot physically get to the supervisor of election’s office back home. Florida voters serving at sea in the Navy will likewise be excluded. An army soldier and his wife stationed in Korea will be left voiceless. A wounded soldier convalescing at Walter Reed Hospital in Washington, DC will be excluded.
Similarly, unknown numbers of housebound and hospitalized Florida voters will be banned by the Chamber’s bizarre process. Florida Supreme Court Justice Lewis wrote a powerful dissent that identifies some of the extraordinary difficulties many Floridians will face just trying to sign a petition, but the entire Florida Supreme Court completely overlooked the absolute bar the Chamber-backed amendment establishes for thousands of deployed military, National Guard and disabled Florida voters.
Further, the opinion ignores the federal Uniformed and Overseas Citizens Absentee Voting Act, which protects the voting rights of our overseas military. The devastating irony of the Chamber-backed amendment should not be lost on anyone: our deployed men and women in uniform are denied participation in the very democracy they serve to protect and defend. Florida Hometown Democracy will file a motion for rehearing to ask the Court to reconsider the real world consequences of this unprecedented and disastrous decision.
The backers of Hometown Democracy hope Floridians will unite in outrage over the Chamber-backed amendment and the Court’s ruling. They urge supporters to call and email Ryan Houck, Executive Director of Smarter Growth and Mark Wilson, CEO of the Florida Chamber of Commerce, to let them know that their petition shows utter contempt for our military, National Guard and the disabled, and to tell them to admit their error, apologize to our troops and withdraw this dishonorable petition. Mark Wilson: tel (850-521-1200) email: MarkWilson@flchamber.com Ryan Houck: tel (407-442-0832) Email: RHouck@Florida2010.org Supporters are encouraged to call and email Governor Crist and let him know that his two recent Florida Supreme Court appointees signed on to the unacceptable majority ruling. Gov. Crist: tel (850-488-7146) Email: Charlie.Crist@MyFlorida.com
Our troops deserve better than the enshrinement of this hypocritical subterfuge in the Florida Constitution. They and all Floridians deserve better. For more information contact Florida Hometown Democracy at flhometown@yahoo.com.
Lesley Blackner
561-659-5754
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From: Pentagonmaverick@aol.com [mailto:Pentagonmaverick@aol.com]
Sent: Wednesday, January 14, 2009 9:02 AM
To: Pentagonmaverick@aol.com
Subject: MOAA: Florida Discriminates Against Military
MOAA: Florida Discriminates Against Military
Florida MOAA web site http://www.moaafl.org/News.aspx?NewsID=8: "On December 18th, [2008] in a 4 to 3 ruling, the Florida Supreme Court narrowly approved a proposed constitutional amendment for placement on the 2010 ballot that discriminates against the First Amendment rights of Florida active duty military and National Guard who are deployed out of state."
Florida War Casualties: Go to http://siadapp.dmdc.osd.mil/personnel/CASUALTY/castop.htm >> Casualty Summary by State >> Florida and then review the number of Florida's military who have been killed and wounded in the War on Terror. CNN Casualty photo/listing (US and Coalition) at http://www.cnn.com/SPECIALS/2003/iraq/forces/casualties/index.html.
Related links: http://www.floridasupremecourt.org/ and http://www.flgov.com/.
Tampa Tribune, 14Jan08: Pressures of War at http://www2.
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I hope Florida has the good sense to defeat this if not I hope some military person will take the case to the Supreme Court and have it declared unconstitutional, talk about taking away the first admendment rights of the military personnel, this will do it. Many can not get to Florida within a 60 day window and there are places in the world they can not learn of it and get leave to come "home" to go to the local supervisor of elections office.
Wednesday, January 14, 2009
Florida Supreme Court approves amendment that discriminates against military
