Florida: Haters Advance In Attempt To Reverse LGBTQ Rights In Jacksonville

(image via VisitJacksonville.com)
For years, the city of Jacksonville, Florida, had a terrible track record when it came to LGBTQ rights in the city. In 2015, for example, the Human Rights Campaign rated Jacksonville a 23 out of a possible 100 in terms of LGBTQ rights and protections. Since the city expanded its Human Rights Ordinance (HRO) to include sexual orientation and gender identity in early 2017, the HRC rating has improved to 79 out of 100. But now, Florida’s 1st District Court of Appeal has sided with a handful of anti-LGBTQ activists that want to see the HRO reversed on a technicality. Florida Politics reports that the appellate court ruled unanimously 3-0 that the lawsuit filed by virulently anti-LGBTQ law group Liberty Counsel should be allowed to move forward after being dismissed twice by lower courts. Jason Gabriel, the city’s head lawyer in the office of General Counsel, called the decision a “mindboggling” and “bizarre” appeals court ruling against the local LGBTQ protections and vowed to fight to defend the law. “It’s a hyper-technical ruling with some bizarre findings,” said Gabriel. The decision from the three-judge panel mainly hinged on how language was presented in the initial public notices about how the existing HRO would be amended. When the amendments were being considered in 2017, the sections of the local Ordinance Code that would be affected were listed and then followed with instructions to add sexual orientation and gender identity to those sections.

“Section 2. Amending Sections 60.105, 400.101, 400.301, 402.102, 402.107(g)(1), 402.107(g)(3), 402.201, 402.202, 402.203, 402.204, 402.206, 402.210, 402.211, 406.102, 406.104(g)(1), 406.104(g)(3), 406.201, 408.102, 408.204, 408.401, 408.402, 408.403, 408.404, 408.406, and 408.407, Ordinance Code.” “The foregoing sections of the Ordinance Code are hereby amended as follows: wherever protected categories are listed, that sexual orientation and gender identity, as defined in Section 3 below, shall be added to the list.”

The amendments also added specific definitions for “sexual orientation” and “gender identity.” Sounds pretty straight forward, yes? Everyone concerned understood what and how the changes were to the HRO. But the Liberty Counsel held that all 25 sections of the Ordinance Code that were affected by the amendments should have been written out in full text showing the insertion of the new language. The appellate court agreed on that very narrow legal view saying the process “violated governing principles of notice and due process.” And so, the Liberty Counsel won its reversal on previous rulings and is now allowed to further proceedings in trying to overturn the LGBTQ protections.

Mat Staver of the anti-LGBTQ Liberty Counsel
In a press release, the Liberty Counsel’s Mat Staver gloated over the ruling writing, “The citizen plaintiffs were injured by the city’s deceptive practice in presenting the HRO for passage, and that this deceptive practice of not revealing the intent and scope of the law invalidates it.” Gabriel disagreed with the appeals court telling Florida Politics that “full text of the rules … was set forth for the Council and the public, both before or after enactment, and was immediately officially published after enactment.” One solution to the issue, according to incoming City Council President Tommy Hazouri, who sponsored the 2017 legislation, is to simply pass the law again. Since the bill passed in 2017 (by a vote of 12-6), the membership of the City Council has not changed. The city is also considering appealing this new ruling to the (currently conservative) Florida Supreme Court. LGBTQ blogger JoeMyGod notes that the Liberty Counsel has been trying to repeal Jacksonville’s LGBTQ protections since they were passed in early 2017.

Some Florida Beaches Reopened Today

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What could possibly go wrong?… Via the New York Post:

Beaches in Jacksonville, Florida, will be reopened for limited hours beginning Friday evening, following President Trump’s announcement that governors could decide when to open their states back up, the city’s mayor announced Thursday.

Mayor Lenny Curry said beaches and parks would reopen in the county for essential uses including recreational activities at an appropriate social distance, including walking, fishing, biking, swimming and dog walking.

“This can be the beginning of the pathway back to normal life,” Curry said. “Please respect and follow these limitations. Stay within the guidelines for your safety as well as for the safety of your neighbors.”

The beaches will open from 6 to 11 a.m. and from 5 to 8 p.m. each day for the limited activities, ABC News reported. But swimmers and surfers will go into the water at their own risk.

The Jacksonville parks will also reopen but gatherings must still be limited to 50 people or less.

Podcast: LGBTQ Activist Phyllis Lyon, Grindr Used To Set Up False Arrests, Homophobic Florida Police Chief

The Randy Report podcast

The Randy Report podcast delivers the week's top stories in a quick, convenient podcast - 'the 60 Minutes of gay news - only shorter' In this week’s podcast: • A Florida police chief is on administrative leave after telling his officers a sheriff’s deputy died from coronavirus because he was gay • Georgia police use Grindr to setup allegedly false drug arrests • Michigan teen’s mother files lawsuit after her son suffered a concussion from anti-gay bullying at school • Ireland’s openly gay Prime Minister is returning to medicine to help in the COVID-19 crisis • Trailblazing lesbian activist Phyllis Lyon died this past week at the age of 95 • And leftover fabric from the AIDS quilt is being used to save lives during the COVID-19 threat All that and more in this episode of The Randy Report.

Poll: Biden Leads Trump By 6 Points In Vital Swing State

L-R Former Vice President Joe Biden, Donald Trump
A new poll by the University of North Florida Public Opinion Research Lab shows Donald Trump’s mixed messages and slow response to the ongoing coronavirus health threat is having a negative impact on his standing with voters in the vital swing-state of Florida. Pollsters found that 55% said the federal government has not gone far enough in taking action against COVID-19. The poll found 45% strongly or somewhat approve of the job Trump is doing to address the pandemic, while a majority of 53% disapprove. Asked if the election were held today, who voters would support for president, former Vice President Joe Biden trumped Trump by six points, 46% to 40%. Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases and the president’s top health advisor, scored the highest rating with 85% approval and 6% disapproval among registered Florida voters.

Trumper Buys All Paper Towels & Toilet Paper From Dollar Store, Promises To Sell It For Double

A Trump supporter was caught on video loading up her truck after clearing out all the toilet paper, paper towels and paper napkins from a Dollar Tree store in Pompano Beach, Florida. The short video, shot by another customer at the store, shows the woman loading several huge boxes onto the back of a truck. In the clip, you can hear the woman recording the scene ask, “I hope you’re not like going to go sell it to other people. Don’t worry you’ll see her on the street corner selling it for double in a minute.” “That’s exactly what I’m going to do,” replies the woman who purchased the products. “I bet you she likes Donald Trump too,” says the woman recording the video to which the purchaser begins yelling, “Donald Trump! Go, Donald Trump!” Is anyone surprised? Show of hands – anyone? Yeah, I didn’t think so. The video in Brian Tyler Cohen’s tweet has been viewed 3.4 million times. Needless to say, the Twitterverse wasn’t exactly thrilled with Toilet Paper Tammy.

Biden Sweeps 3 More States, Sanders ‘Assessing’ His Campaign

L-R Joe Biden, Bernie Sanders
After losing all three Democratic primaries Tuesday night by double-digits, Sen. Bernie Sanders’s (I-Vt.) campaign manager on Wednesday said that the senator “is going to be having conversations with his supporters to assess his campaign,” according to The Hill. Noting that “the next primary contest is three weeks away,” Sanders’s campaign manager, Faiz Shakir, said in a statement that Sanders “is focused on the government response to the coronavirus outbreak and ensuring that we take care of working people and the most vulnerable.” This follows a brutal night for Sanders where he lost across the board to former Vice President Joe Biden. Biden won Florida’s primary 62 percent to Sanders’ 23 percent, per Buzzfeed News. In Illinois, it was Biden 59 percent to Sanders’ 36 percent, and in Arizona, the former vice president won 44 percent versus 32 percent for Sanders. Biden spoke after the three contests were called and he addressed Sanders’ supporters directly:

“Senator Sanders and I may disagree on tactics, but we share a common vision for the need to provide affordable health care for all Americans, reduce income inequity that has risen so drastically, to tackling the existential threat of our time, climate change.

“Sen. Sanders and his supporters have brought a remarkable passion and tenacity to all of these issues. Together, they have shifted the fundamental conversation in this country. So let me say, especially to the young voters who have been inspired by Senator Sanders: I hear you. I know what’s at stake. I know what we have to do.”

Biden began his delegate lead in the race by coming out on top in 10 of 14 contests on Super Tuesday. Then on March 10, Biden won five of six contests including Washington state which was considered a safe haven for Sanders. Political experts say Biden will have a nearly insurmountable lead in delegates by the time all of the votes are counted from this week’s primaries. Biden currently has around 1,180 delegates, while Sanders has just about 884 delegates. You can check the count as more delegates are allocated at RealClearPolitics. Candidates must garner at least 1,991 to officially clinch the nomination. Forty percent of delegates remain to be allocated. Ohio, scheduled to vote last night, postponed its primary at the last minute due to coronavirus concerns. Additionally, Georgia, Kentucky, Louisiana, Maryland, and Puerto Rico have also delayed their primaries.

Florida’s Governor Shuts Down Bars & Nightclubs For 30 Days

Hubby Michael actually had a weekend trip to Fort Lauderdale this weekend (you wouldn’t believe how quickly his upgrade happened!). But we have, of course, canceled that. From Tallehasse’s WTXL:

Gov. Ron DeSantis is suspending all bars and nightclubs in Florida for the next 30 days starting at 5 p.m. Tuesday night.

DeSantis made the announcement during a press conference Tuesday morning, where he also announced that Florida’s coronavirus cases have climbed to 192. He also announced the state’s 6th death from the coronavirus as a nursing home patient in Broward County.

Restaurants must also limit their seating capacity to 50 percent. All restaurant employees must also be screened for the virus. State officials are encouraging people to utilize takeout and delivery at local restaurants in lieu of dining in.

DeSantis also banned gatherings of more than 10 people on Florida’s beaches in compliance with the White House’s recommendations.

New Poll Shows Biden With Huge Lead In Florida Primary

The latest survey by St. Pete Polls of Democratic voters in Florida shows former Vice President Joe Biden with a commanding lead in the upcoming Sunshine State primary. Democratic voters in Florida support Biden by 61 percent while Vermont Sen. Bernie Sanders garnered 12 percent support. Massachusetts Sen. Elizabeth Warren only received 5 percent support. Mike Bloomberg was still in the field of active candidates when the poll was conducted and he received 14 percent support from likely voters.  Florida’s Democratic primary will be held in less than 2 weeks on March 17. There will be 248 delegates up for grabs.

News Round-Up: February 25, 2020

Karl Thorssen (via Twitter)
Some news items you might have missed: • Twitter: After the hashtag #BisexualMenExist began to trend on Twitter, Karl Thorssen joined the party tweeting the pic above with the caption, “Joyfully reminding y’all that and sometimes take selfies in trucks.” #woof • The Advocate: An Atlanta man who pretended to be gay in order to befriend a lesbian has been convicted of raping her in 2015. • HRC: Rep. Tulsi Gabbard, who is technically still running for the Democratic nomination for president, refused to answer questions regarding LGBTQ issues for the Human Rights Campaign. • Politico: Two Florida Democrats have filed a lawsuit asking that Sen. Bernie Sanders be disqualified from the Democratic primary because he’s a declared independent. The two military veterans argue that because Florida has a closed primary only declared Democrats should be on the ballot. • Reuters: The Supreme Court ruled 5-4 to uphold a lower court’s dismissal of a lawsuit against a Border Patrol agent for fatally shooting a 15-year-old Mexican boy on Mexican soil from across the border in Texas. The family sued in federal court accusing the agent of violating the U.S. Constitution’s Fourth Amendment ban on unjustified deadly force and the Fifth Amendment right to due process. The court dismissed the case saying people who are not in the United States at the time of a cross-border incident to file civil rights lawsuits in federal court. • New Music: Hailing from rural isolation on a sheep farm in the Scottish Highlands, ONR (pronounced “honor”) drops his new track “Sober” (feat. Carina Jade). The track draws musical inspiration from both indie rock and 80s synth-pop while the video is an intoxicating wash of pink, black and blue light. “Sober” is his debut release on Warner Records and the first off his forthcoming Must Stop EP, out May 15.

5th Grader Grilled By Teacher About Gay Rumors In Front Of Class

(stock photo via depositphotos)
A teacher in Port St. Lucie, Florida, confronted a fifth-grade student about being the subject of lesbian rumors in front of the young girl’s class. The mother of the student, Jezenia Gambino, told local NBC News affiliate WPTV the incident occurred after rumors about her daughter and another female student began to circulate. “The rumor was that my daughter and another 5th-grade little girl were dating,” said Gambino. When the rumor reached the 11-year-old’s teacher, the instructor decided to question the girl about it – in front of her classmates. “She asked them if they were together if they were dating as a couple together and she asked them in a way that they felt they were in trouble,” said Gambino. Gambino says her daughter didn’t tell her about the confrontation until the young girl’s friend texted her saying perhaps they shouldn’t be friends. “She wasn’t sure if they should hang out together anymore because of what happened in school,” Gambino told WPTV. “She didn’t want anyone to think they were gay.” After the mother reported the incident to the school’s principal an investigation was opened. A week later Gambino received an email explaining the teacher “reported to the Florida Department of Education for engaging in inappropriate communication with her daughter.” The result? The teacher was given a verbal warning. In a statement to the press regarding the incident, the school district said, “School Board will not tolerate sexual harassment or any other form of illegal harassment by any of its employees, students, volunteers or agents.” But Gambino isn’t satisfied with that result saying, “What they did affected my daughter in a way that now I’m having to go back and fix.” Gambino has now removed her daughter from the school and is currently homeschooling her for the rest of the school year.