What’s next for Brevard County?
Yesterday the Brevard County Commissioners voted unanimously to enact an amendment to their proximity ordinance that would allow private businesses to self-declare themselves a “park”. As a “park” these businesses would be considered another landmark creating a 1000 foot exclusion zone within which registrants cannot enter. If you think this is a stupid idea, you’re not alone. It is a very stupid idea. It’s so stupid and useless that this law has actually been on the books for two years and nobody signed up for it. According to the Sheriff’s office, no businesses have self-declared themselves a park, there’s no list of “park-businesses” that the Sheriff’s office was supposed to maintain, and there have been no arrests for violation of this “park-business” ordinance. To our knowledge there have been no sexual crimes at any of these “park-businesses”. It’s done nothing other than been a huge burden on registered persons who are supposed to check a non-existent list before they leave their homes each day to see whether a non-park business entity decided to call itself a park. Stupid, stupid, stupid.
If you’re picking up a confusing statement in the proceeding paragraph, you’re right to be confused. Why would the commissioners vote to enact this amendment yesterday, when it’s apparently been on the books for two years? Good question. When the “park-business” ordinance was passed, the same proximity ordinance also prevented anyone on the registry from attending the County Commission meetings because the site of those meetings was within 1000 feet of a school. So, this “public meeting” at which people could show up and voice their concerns about the amendment was hardly open to the public. In fact, the very people who would be impacted by the ordinance were expressly banned from attending (yes, they asked for permission and were told they could not be there). Three FAC members, represented by the fine attorneys at the Florida Justice Institute, sued.
The commissioners might be complete ignorant jerks, but someone on their defense team must have told them they were about to get their asses handed to them for violating the First Amendment and Florida’s Governing in the Sunshine Law, because after the lawsuit was filed they agreed to allow registrants to appear at the Commission meetings so long as they jumped through certain hoops (the hoops are part of a continuing lawsuit and will not be discussed here). That same someone must have also informed them that the Governing in the Sunshine Law provides that any action taken in violation of the open meeting law could be declared void. Accordingly, that meeting they had in 2020 at which they passed this ordinance and at which they prevented registrants from showing up, had to be magically time shifted to the current day so it can take place with everyone who wanted to attend present.
Unfortunately not everyone who wanted to be present could be there because people who failed to provide “at least” 24 hours’ notice that they wanted to attend the meeting, even though they had no clue they were required to provide that notice because it had not become part of the municipal code and they were not given notice of the change, could not attend or they would be arrested (more info that’s part of a continuing lawsuit but just because we’re not addressing it here does not mean we’re not aware… no balls are being dropped here).
Bottom line the Commissioners voted (again) to enact their amendment, completely ignoring the comments of the brave speakers who opposed it or the dozens of letters in opposition that were written. And we are not surprised in the least. There was no chance in hell they were not going to approve it and nobody was surprised by their action. But recall what we wrote two paragraphs above; “Three FAC members, represented by the fine attorneys at the Florida Justice Institute, sued.” That lawsuit is still active, which is the most important take away from this post. Florida Justice Institute has been able to move the ball closer to the finish line (at least we’re able to show up a the meetings) just through what has happened in the litigation so far, and it’s not over.
So for all of the brave men and women who showed up in person to address the Commissioners, thank you from the bottom of our hearts. For all those who submitted letters, thank you also! All action to oppose this ordinance will come into play and if you think it made no difference, you are wrong. As one member pointed out, the fact that our voices could be heard is already a victory and we’re only getting started!
I cannot help but wonder if any of the county commissioners are going to be held accountable for violating the Florida Sunshine Law or violating the constitutional rights of US citizens to present their grievances. The ’24-hour’ requirement is still a violation of both since it does not apply to all citizens. I am not holding my breath because in today’s political atmosphere we have come to know that laws apply to the citizens and not to the bureaucrats who make the laws. It’s time to sue the hell out of the county commissioners…leave them shaking in their boots.
Basically, this so-called “public county meeting” (where public policy is decided) turned into a closed-door hate rally.
It was also a truth-be-damned rally. Facts were totally ignored.
Comm. Zonka’s page says she is for veteran’s issues….Many of those in the ‘club’. Also says she serves the seniors, homeless and underserved. Should say….creates homelessness and turns people into the underserved and ignores many seniors. And finally is a nurse practitioner…hmmm, one that does not believe people having the ability in receiving actual treatment of health issues apparently. And lastly is happy to put her children at greater risk so she can grand stand and feed her need of self importance. Real winner this one.
And the funny part is, I would be called the hateful one for saying all this. Ok, I am sorry, but these people are almost comical…almost.
The missed opportunity is that Target can open a small kid friendly “park” store within 500 feet of Wal-Mart forcing all registered citizens to shop at Target.
Roger, the population of Brevard County is approximately 600,000. Do you believe Target is going to invest in purchasing or renting and maintaining a store to block a fraction of 1% of the population from shopping at a competitor?
I appreciate that people are full of ideas, but we are going to make traction by citing studies and presenting arguments that will be impactful. If anyone wants to present this missed opportunity to Target or invest in a business close to the Sheriff’s office, go right ahead, but these will not be FAC initiatives.
We have not always seen eye to eye on the matter public demonstrations. But this is one time I applaud your efforts in this call to action.
Of course we knew this was not going to change the minds of Tobia and company. But this wasn’t about changing their minds. The actions of the Brevard County Commission have proven the ordinance was created with malice in mind, which is a blatant violation of civil rights.
The commission just made the case against them far easier to win.
Ever see a football game where a team struggles in the first half, makes halftime adjustments, then takes the lead (and ultimately, the victory) in the second half? Well, think of this as halftime.
Not a problem, thanks.
Let the lawsuit continue and this time let’s really burn their butts. It’s time for their tyranny to come to an end. Put my name on the suit…I want the tyrants to come to hate seeing it.
And if I were you I would remind them at every meeting about the lawsuit.