I heard this on a local talk show earlier this afternoon and honestly thought it was a joke.
Couldn’t find anything online about it, even at the Florida DCA website going through the current opinion links.
I finally found it via AP and a very short, very basic article.
It’s not a joke.
http://www.miamiherald.com/2010/03/10/1522520/fla-court-public-has-no-right.html
TALLAHASSEE, Fla. — (AP) — An appeal court says Florida’s Sunshine Law gives citizens a right to be present but not heard at meetings of government panels. A three-judge panel of the 1st District Court of Appeal on Wednesday rejected citizen claims that Community Maritime Park Associates in Pensacola violated the law by refusing to let them speak.
Although a private organization, the panel is covered by the open meetings provision of the Sunshine Law because the city has given it authority to oversee the development of a waterfront park. Citing a 1969 Florida Supreme Court ruling on the issue, the appeal court noted it would be more appropriate for the citizens to ask the Legislature to change the law.
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Did the 1st Amendment get cancelled and nobody bothered to let anyone know ?
Hey, my local governments……… Um………… Yeah………… Try and stop me.
I’m calm…… I’m not worried either. This will never stand at the State’s Supreme Court.
Kenny Solomon
DC Works For Us
www.dcworksforus.com
A South Florida-based patriots organization.
Moe Lane
Steve Maley
KnightsofMalta
Dan Spencer
Dan McLaughlin
Just an emanation from the penumbra of an age-old practice
civil truth (Diary) Wednesday, March 10th at 8:35PM EST (link)Know in the vernacular as children should be seen but not heard.
After all, our new masters view us as children who can possibly understand their great wisdom, therefore the have to force the medicine down our throats – for our own good, of course.
/sarc
The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis
http://www.gmsplace.com/
PDF of the Florida District Court opinion on the right to be heard.
Kenny Solomon (Diary) Wednesday, March 10th at 8:50PM EST (link)http://opinions.1dca.org/written/opinions2010/03-10-2010/09-1659.pdf
Got this from a lawyer friend – c/p from her e-mail………..
This opinion is not final until the time for motion for rehearing has tolled or (if a motion has been filed) resolved. Nothing prohibits the public from speaking with consent and permission by committees (etc), which is allowed through custom and tradition in this state. However, in reality this case may bring change to the custom and tradition normally afforded the citizenry.
To further expound on the Sunshine law see link from the Florida Attorney General Government in the Sunshine Manual.
http://www.myflsunshine.com/sun.nsf/sunmanual/A342F688127D5AFD852566F30055F8C8
I don't have a problem with a legislative body
Achance (Diary) Wednesday, March 10th at 9:24PM EST (link)not taking public testimony. We have a REPRESENTATIVE democracy, a republic, not mob rule. All you get is a bunch of lobbyists, fanatics, self-serving shills, and nuts; real people are at work or at home with their family.
Your first amendment right is to peacefully assemble outside and speak to them about what is going to happen if they don’t listen to you. But then again, I’ve had to put up with all too many union “actions” and assemblies, so I have a very jaundiced attitude about this.
In Vino Veritas