Posts Tagged ‘Florida’

Crime and punishment roundup

  • “Regulatory Crimes and the Mistake of Law Defense” [Paul Larkin, Heritage]
  • Victims of sex offender registry laws, cont’d [Lenore Skenazy]
  • James Forman, Jr.: case against mass incarceration can stand on its own without flawed Jim Crow analogy [Boston Review and N.Y.U. Law Review, 2011-12]
  • “For-profit immigration jails, where the inmates — convicted of nothing — work for less than peanuts.” [@dangillmor on Los Angeles Times]
  • “The New Science of Sentencing: Should prison sentences be based on crimes that haven’t been committed yet?” [Marshall Project on statistically derived risk assessments in sentencing]
  • Group of 600 New England United Methodist churches issues resolution calling for an end to Drug War [Alex Tabarrok, who was also profiled the other day]
  • Prison guard in Florida speaks up about witnessing abuse of inmate, and pays a price [disturbing content, Miami Herald]

Disabled rights roundup

  • Per The Economist, long-awaited Justice Department rules decreeing ADA accessibility for websites (earlier here, here, etc.) expected any day now, “in June. For example, each picture must have text describing it, so that screen-reader programs can tell blind people what is there.” Individual enforcement actions, as against Peapod, aren’t waiting [DoJ press release] Settlement with MOOC firm signals DOJ plans to deal with online education providers [Cooley] Contributor believes it’s a snap to include online captioning in all online Harvard and MIT courses, so what’re they waiting for? [Time]
  • Rest of the Economist article is of interest too, especially on ADA filing mills in Florida and elsewhere;
  • In Sheehan v. San Francisco, Ninth Circuit created right to ADA accommodation in confrontations with law enforcers, SCOTUS reversed on other (qualified immunity) grounds [Mark Pulliam, City Journal; Richard Re, Prawfs]
  • Commemorations of 25th anniversary of the ADA — here’s what I had to say about the 20th — include plans “to hold [various Chicago institutions] publicly accountable for their commitments” to, inter alia, “increase civic engagement around disability issues” [Michael Waterstone, Prawfs]
  • Sacramento: “Squeeze Inn owner joins fight against costly ADA lawsuits” [KCRA]
  • Spread of fake service dog paraphernalia alarms groups that work with actual service dogs [BBC]
  • Intended class-action plaintiff sues McDonald’s over new style Coca-Cola Freestyle dispensers, saying touchscreen format unfair to disabled users []

“Report: DOJ is investigating mental-health screening of bar applicants by Florida’s top court”

Lawyers wield an array of coercive powers against third parties, as well as looking after the entrusted interests of often unsophisticated parties and clients. And the goal of accommodating lawyers and aspiring lawyers who suffer from mental illness must be balanced against the “threat” their condition will sometimes pose to clients and the public — at least that’s what the president of the Florida Bar says. With language like that, it’s no surprise his bar appears to be on a collision course with the ADA (Americans with Disabilities Act) enforcement efforts of the U.S. Department of Justice. [ABA Journal]

More: Scott Greenfield wonders who’s looking out for clients’ interests.

Florida lawmaker drops $14,836 suit against pizza delivery guy

Following widespread criticism, Florida state senator Charlie Dean has dropped his suit against 19-year-old student Giovanni Bencini over what Dean’s lawyer calls “scurrilous accusations” that the student was menaced with a gun after entering Dean’s Inverness, Fla. property on a nighttime delivery call. He also dropped an action against Z Pizza LLC, parent company of Hungry Howie’s pizza, which had claimed the company didn’t adequately train Bencini. [Mike Wright/Citrus County Chronicle, more, update (dismisses case); AP]

Boutique law firm…

or spa law firm? “We understand that dealing with legal matters can be very stressful, so we try to tend to our clients’ every need to make their experience as stress-free and accommodating as possible. When you come into the firm you will be pampered from the moment you step in the door. You will be provided with a cool or warm towel depending on the temperature outside. The Towel will be followed by a glass of cool coconut milk, which is not only refreshing, but is full of healthy antioxidants. During your consult there is always ice cold water and fresh baked cookies every afternoon. We look forward to seeing you soon!”

Police and prosecution roundup

  • Judge chides Montgomery County, Md. police for “unlawful invasion” of family’s home [my new Free State Notes post]
  • As more offenses get redefined as “trafficking,” state extends its powers of surveillance and punishment [Alison Somin on pioneering Gail Heriot dissent in U.S. Commission for Civil Rights report; Elizabeth Nolan Brown/Reason on legislative proposals from Sens. Portman and Feinstein] Proposal in Washington legislature would empower police to seize/forfeit cars of those arrested for soliciting prostitutes, whether or not ever convicted [Seattle Times]
  • Progressives and the prison state: “most of the intellectual and legal scaffolding of the contemporary American carceral system was erected by Democrats.” [Thaddeus Russell reviewing new Naomi Murakawa book The First Civil Right: How Liberals Built Prison America]
  • Here comes the next verbal conflation with negative implications for defendants’ rights, “traffic violence” [Scott Greenfield]
  • Please don’t pay attention to what goes on inside Florida prisons, it would only spoil your day [Fred Grimm, Miami Herald via Radley Balko]
  • Trouble in California: “U.S. judges see ‘epidemic’ of prosecutorial misconduct in state” [L.A. Times, Ronald Collins/Concurring Opinions, video from Baca v. Adams with Judges Kozinski, Wardlaw, W. Fletcher, earlier on California Attorney General Kamala Harris and Moonlight Fire case] But will Ninth Circuit’s strong words change anything? [Scott Greenfield including updates]
  • “Plea Bargaining and the Innocent: It’s up to judges to restore balance” [U.S. District Judge John Kane]

Law enforcement for profit roundup

The “equitable sharing” civil forfeiture program (see weekend post) being just one of the more visible corners of a whole scaffolding of bad incentives in law enforcement:

Florida’s frequent FOIA flyers, and their law firm connection

Florida Center for Investigative Reporting via Columbia Journalism Review:

The nonprofit Citizens Awareness Foundation was founded to “empower citizens to exercise their right to know,” according to its mission statement. The South Florida millionaire backing the foundation hired one of the state’s most prominent public records activists to run it, rented office space, and pledged to pay the legal fees to make sure people had access to government records.

But a review of court records and internal communications obtained by the Florida Center for Investigative Reporting shows that the foundation is less interested in obtaining records and educating the public than in working with a partner law firm to collect cash settlements from every lawsuit filed….

The O’Boyle law firm has filed more than 140 requests on behalf of the foundation and a related group this year, including barrages of requests against engineers and road builders. The general counsel of the Florida Engineering Federation wrote in May that it was “debatable whether they are truly seeking records or just attempting to obtain legal fees for a violation,” a concern shared elsewhere:

“It’s a sad game of ‘gotcha,’ the only purpose of which is to generate an attorney fee claim rather than obtain any actual public records,” said Bob Burleson, president of the Florida Transportation Builders’ Association.

A former executive director of the foundation has resigned, citing ethical concerns. Among numerous small government contractors targeted by the demands are charities and social service providers; an environmental remediation firm says the law firm included a nondisclosure demand that would prevent it from comparing notes with others to receive the fee demands. Ten years ago we reported on a practice in California in which bounty-hunting requesters aimed public records requests at school districts in early summer, then followed with legal fee requests based on the districts’ having missed the short deadline for responding.

More: Ray Downs, Broward/Palm Beach New Times (& John Steele, Legal Ethics Forum).

Politics roundup