Demanding Equal Justice Since 1977 June 2016

 Attorneys: Support SLC with your Pro Bono Contribution
Florida Bar dues and annual pro bono reporting are due now. SLC is eligible to receive your $350 contribution in lieu of pro bono work. Since SLC does not receive funds from any federal, state or local governmental entity, so that we have the independence to challenge them, your philanthropic partnership is particularly important.

The question on your mind is most likely not, “Why should I donate?” Rather, “Why should I donate to this particular organization?” SLC has a proven track record of addressing the most pressing public interest needs of low-income residents throughout Florida. SLC takes on cases other legal services organizations and private law firms simply cannot, and we are relying on you to continue our work.

As you will read in this newsletter, SLC is appealing the court’s ruling that the constitutional challenge to the failures in Florida’s education system is not enforceable in court and even if it were, the plaintiffs did not show that the State failed to meet its constitutional duty. SLC also advocates in other critical areas and has successfully challenged local governmental policies that perpetuate rather than end homelessness. SLC works to ensure that the State provide appropriate health care services in the community to persons with disabilities and do so without discrimination.

Please join SLC in standing up for justice and representing those who have no political voice. In the words of Justice Ruth Bader Ginsberg,

“Lawyers have a license to practice law, a monopoly on certain services. But for that privilege and status, lawyers have an obligation to provide legal services to those without the wherewithal to pay, to respond to needs outside themselves, to help repair tears in their communities.”


SLC to Appeal Trial Court Decision in Landmark Education Trial
SLC Attorney Jodi Siegel questions Alachua County School Superintendent, Dr. Owen Roberts (Photo Credit: Florida Channel)
SLC’s case seeking to hold the State accountable for its failure to provide a high quality public education to all Florida’s children will soon be heard by an appeals court following an adverse ruling after a four-week trial. The lawsuit, originally filed in 2009, by low-income parents and grandparents of public school children and two citizens organizations, overcame many procedural hurdles, including appeals all the way up to the Florida Supreme Court on whether the trial court had jurisdiction to hear the case. The plaintiffs finally had their day in court in a non-jury trial in front of the Hon. George Reynolds III starting March 14, 2016, and concluding April 8, 2016.

The trial court issued its ruling on May 24, 2016, holding that the state constitution’s education clause was not enforceable in court and even if it were, the plaintiffs did not show that the State failed to meet its constitutional duty. SLC Executive Director and lead counsel Jodi Siegel stated, “The Second Judicial Circuit Court issued an order that ignores the overwhelming weight of the evidence that the public education system in Florida is failing more than a million students. Even though Florida’s constitution is the strongest educational mandate of all the states, the court incorrectly concluded that the constitution has no judicially manageable standards and that the court is prohibited from ordering relief due to separation of powers. Southern Legal Counsel plans to appeal this decision and continue to seek a high quality education for all children in Florida.”

The trial was televised on the Florida Channel, and a summary of the plaintiff’s proposed factual findings is available here. Support our work to help us continue this fight on behalf of all Florida’s children.


Victory for Couple Arrested for Sharing Food with Homeless in Daytona Beach
Chico and Debbie Jimenez at first food sharing after settlement
reached with city
Chico and Debbie Jimenez were cited and trespassed from a Daytona Beach park in May 2014. Their crime? Sharing food with hungry and homeless persons as an expression of their religious faith and beliefs through their ministry Spreading The Word Without Saying A Word. With the assistance of SLC, they filed a lawsuit in federal court to challenge the City of Daytona Beach’s ordinances and park rules which violate the constitutional rights of advocates that share food and assistance with homeless and hungry persons in public parks.

In March 2016, the parties reached a settlement agreement that lifted a 12-year-old ban on feeding the homeless and hungry in city parks. The City Commission approved changes to parks policies and city ordinances as part of the agreement and agreed to pay damages and attorneys’ fees in exchange for dismissal of the lawsuit. The City also rescinded trespass warnings issued to individuals, many of whom were homeless, for city parks under the trespass policy challenged by the lawsuit.

SLC Honored for
Access to Courts Project

On June 16, 2016, the Florida Bar Foundation will honor SLC with Second Runner Up for the 2016 Steven M. Goldstein Award for Excellence for its project “Access to courts for indigent litigants in the Sixth Judicial Circuit.” SLC receives this honor for its work overturning a 2009 administrative order in the Sixth Judicial Circuit that prohibited filing fee waivers for indigent persons in appellate proceedings.

For more than five years, indigent litigants in the Sixth Judicial Circuit were denied access to appellate courts for one reason: they could not afford to pay the $400 filing fee. SLC petitioned the Second District Court of Appeals for writs of mandamus on behalf of a number of indigent clients who had been denied filing fee waivers pursuant to the administrative order. In two separate decisions, the Second District Court of Appeals held that indigent litigants in civil and criminal cases have a clear legal right to filing fee waivers under Florida law and ordered the judges to grant the fee waivers. SLC’s advocacy resulted in the repeal of the administrative order that had impacted thousands of indigent litigants in Pinellas and Pasco Counties who were being unlawfully denied access to justice.

SLC will be honored at The Florida Bar Foundation dinner at The Florida Bar Convention in Orlando, FL. SLC will receive $6,000 for the award.

Litigation Director Neil Chonin and
Senior Attorney Alice K. Nelson
Retire from SLC
SLC Attorney Neil Chonin discusses the case during the opening statement at the education trial. (Photo credit: Florida Channel)
SLC Litigation Director Neil Chonin is retiring from his position at SLC in June 2016. His past ten years as a full-time public interest lawyer at SLC was only the latest chapter in a distinguished career that spanned 55 years as a trial lawyer dedicated to the pursuit of justice. Chonin’s lifelong dedication to legal assistance for the poor is exemplified by his personal and professional commitment to increasing access to justice.

A 1961 graduate of the University of Florida College of Law, Chonin recognized early on that lawyers have a unique capacity to change society. Prior to joining SLC, Chonin practiced law in Miami for 46 years, where he litigated civil rights, employment discrimination, and police misconduct cases. In 1984, Chonin won the Tobias Simon Award, Florida’s highest statewide pro bono award.

Chonin worked tirelessly to hold the State accountable for its failure to provide a high quality public education to all of Florida’s children in the Citizens for Strong Schools case. He will continue as pro bono co-counsel after retirement. In his retirement, Chonin is looking forward to spending time with his wife, children and grandchildren.

SLC Senior Attorney Alice K. Nelson retired from her position at SLC in October 2015. Nelson served as SLC’s Executive Director from 1988 until 2004, but remained with the organization as a Senior Attorney.

Nelson’s leadership of SLC resulted in key legal victories on behalf of adults with developmental disabilities and severe mental illness, children with special needs, and other civil rights plaintiffs. Nelson is nationally recognized for her expertise in special education law and has been involved in training and amicus strategies for a national special education organization, the Council of Parent Attorneys and Advocates (COPAA). She also served as a Past Chair of COPAA.

Nelson’s dedication to the public interest continues into her retirement from SLC. She continues to work with SLC as pro bono co-counsel on several cases including Parrales v. Dudek, a case on behalf of adult and elderly persons with disabilities who are at risk of institutionalization due to problems with the administration of Florida’s Long Term Care Medicaid Waiver program. She continues to work part-time on cases and as Lead Trainer for the Shriver Center’s Affirmative Litigation Training.
SLC thanks Neil Chonin and Alice K. Nelson
for their many years of service.


SLC Publishes Training Manual for Public Defenders on Crimes of Homelessness

SLC, with financial support from the Herb Block Foundation, published a manual in May 2016 for public defenders and pro bono criminal defense lawyers entitled, “Jailbirds in the Sunshine State: Defending Crimes of Homelessness.” This publication examines common laws used to arrest and jail homeless people for conduct essential to their survival and provides detailed analysis of constitutional and other legal defenses specific to representing homeless clients charged with such crimes. The manual draws on more than a decade of SLC’s experience challenging laws that criminalize homelessness. If you are interested in receiving a copy of the manual, please email slc@southernlegal.org.

UPCOMING EVENTS:

"Love Letters,” by A.R. Gurney at the Hippodrome Theatre on Monday, September 19, 2016, at 7:00 p.m. The fundraising event will include a pre-show reception and silent auction beginning at 5:30 p.m. “ Love Letters” is a staged reading featuring two of Gainesville’s beloved actors, Nell Page and Kevin Rainsberger. “ Love Letters” was a finalist for the Pulitzer Prize for Drama. It centers on two characters who discuss their hopes and ambitions, dreams and disappointments, victories and defeats, that have passed between them throughout their separated lives. For sponsorship opportunities, contact Jodi.siegel@southernlegal.org.

“American Foundation for Equal Rights and Broadway Impact’s 8,” a play by Dustin Lance Black, at Jacksonville University’s Swisher Theatre on October 17, 2016. “8” is a staged reading of the trial which ruled that it was unconstitutional to ban same-sex marriage in California. For sponsorship opportunities, contact Jodi.siegel@southernlegal.org.


SLC IN THE NEWS

To read recent articles involving Southern Legal Counsel, please click the links below:

State education not perfect but not crisis, judge says, Gainesville Sun, May 24, 2016

State Wins Lawsuit Challenging School Funding, WFSU, May 24, 2016

Florida judge - Schools are getting enough money, WCTV, May 24, 2016

DeWitt - When it comes to school funding, inequity is just one of the issues, Tampa Bay Times, April 14, 2016

Battle Over Florida Education System Ready for Ruling, News4Jax, April 10, 2016

Trial challenging Florida’s education framework wraps up in Tallahassee, Miami Herald, April 8, 2016

Homeless feedings legal in parks again, The Daytona Beach News - Journal, March 16, 2016

SUPPORT SLC'S WORK
To maintain our independence in order to challenge institutional inequities, SLC does not accept federal, state or local government funds.
We really need your help to ensure that SLC has the resources to continue to provide legal and policy advocacy in public interest cases across the state of Florida.  SLC is eligible to receive your $350 pro bono contribution. 

SLC's monthly giving program is the easiest way to give and ensure that SLC recieves your ongoing support. 

Your recurring donation or one-time gift means, together, we will help people in need.

To sign up, visit southernlegal.org and click "Donate Now," or click the "Donate" button above.

SAVE THE DATE

What: “Love Letters” with Silent Auction and Reception
When: Monday, September 19, 2016
Where
: Hippodrome Theatre
25 SE 2nd Place, Gainesville, FL 32601

What: “American Foundation for Equal Rights and Broadway Impact’s 8”
When: October 17, 2016
Where: Jacksonville University’s Swisher Theatre

BOARD OF DIRECTORS

Peg O'Connor, Chair
Elizabeth L. Bevington
Bennett Brummer
Raul A. Cuervo
Karen C. Dyer
William S. Graessle
Tim D. Haines
Berta Hernández-Truyol
Dr. Vivian L. Hobbs
Tiffani G. Lee
Barbara Bolton Litten
D. Ross McCloy, Jr.

Robert A. Rush
Tom Scarritt
Robert F. Spohrer
The Hon. William A. Van
   Nortwick, Jr.

ATTORNEYS
Jodi Siegel,
   Executive Director
Kirsten Clanton
Andrea Costello
INTERNS AND CLERKS
Jahanna Azarian
Carson Bell
Joseph Cordova
Dana Ferraro
Madison Harris-Parks
Kristine Janata
Gracey Jean-Bernard
Katherine Johnson
Marguerite Mills

Connor Pace
Molly C. Prindle
Justine Wandell
THANK YOU TO SLC'S 2016 PRO BONO ATTORNEYS
Your work helps impact cases involving education, disability rights, homelessness and due process protections.

Baker, Donelson,
    Bearman, Caldwell &
    Berkowitz P.C.
Robert Brochin
Clay Carlton
Neil Chonin
Deborah E. Cupples

Goodwin Procter LLP
Eric J. Lindstrom
Jon L. Mills
Timothy McLendon
Alice K. Nelson
Maru Opabola
Michael Santos

Nancy E. Wright

CONTACT DETAILS

Southern Legal Counsel
1229 NW 12th Avenue
Gainesville, FL 32601
Phone: 352.271.8890
Fax: 352.271.8347
Email: slc@southernlegal.org
  
 

Southern Legal Counsel, Inc. (SLC) is a Florida statewide not-for-profit public interest law firm that is committed to the ideal of equal justice for all and the attainment of basic human and civil rights. SLC primarily assists individuals and groups with public interest issues who otherwise would not have access to the justice system and whose cases may bring about systematic reform. SLC uses a range of strategies to achieve its goals, including litigation, policy advocacy, and training and technical assistance to lawyers, lay persons and organizations.

SOUTHERN LEGAL COUNSEL, INC., A NON-PROFIT FLORIDA CORPORATION, IS REGISTERED WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES. A COPY OF THE OFFICIAL REGISTRATION, #CH13498, AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE  800-435-7352 WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR  RECOMMENDATION BY THE STATE. SLC IS A FEDERALLY RECOGNIZED 501(C)3 ORGANIZATION.