PRESS RELEASE: Southwest Ranches and Pembroke Pines City Councils Sued Over Sunshine Violations
For Immediate Release
City Councils Called to Account for Their Illegal Meeting
Yesterday the law firm of Thomas & LoCicero filed a lawsuit on behalf of brothers Joel and Robert Chandler. Joel Chandler and Robert Chandler v. The Town of Southwest Ranches City Council, and The Town of Pembroke Pines City Council alleges
the defendants denied the Chandlers access to a public meeting in
violation of the Florida Constitution and Florida Statute.
On November 5, 2011 the Chandlers were denied access to a joint town meeting
hosted by Southwest Ranches and Pembroke Pines in an attempt by the two
city councils to win public support for the construction of a private
prison by Corrections Corporation of America (CCA) that will be one of the largest immigrant detention facilities in the United States.
The lawsuit alleges the defendants required anyone trying to enter the meeting to fill out a registration card
with their personal information including their name, home address,
telephone number and email address. The civil complaint further alleges
that members of the public were then coerced to place the completed
registration cards into boxes marked “support” “opposed” and “neutral.”
Members of the Pembroke Pines Police Department and Broward County
Sheriff’s Office assaulted Robert Chandler, a disabled veteran, when he
refused to fill out the registration card and declare his position on
the construction of the private prison.
Video taken by the Chandlers supports their claims that they
repeatedly tried to speak with the organizers of the meeting in order to
ask that the unlawful barriers to entry be removed. Each time law
enforcement officers and city officials told the Chandlers they could
not meet with the organizers. Video also shows that many of those
attending the meeting felt intimidated by the coercive tactics employed
by the city councils.
Hundreds of people showed up for the meeting. Some of those in
attendance expressed concerns that the completed registration cards were
available to ICE (Immigration and Customs Enforcement) and CCA
(Corrections Corporation of America). Due to the nature of the proposed
private prison and the involvement of ICE and CCA, some protestors
expressed concerns that by filling out the registration cards, they
might become targets for harassment, intimidation and even deportation.
Some of these who objected to the registration cards pointed out that in its own corporate videos, CCA portrays itself as a paramilitary organization and has been implicated in many serious civil rights violations including running “gladiator schools” and CCA personnel raping inmates in their custody.
According to the lawsuit, the conditions for entry established by the
two city councils violated the constitutional and statutory rights of
the plaintiffs by creating unreasonable barriers to access and therefore
were unlawful. Former Attorney General Bob Butterworth moderated the meeting. Butterworth served on the Governor’s Commission for Open Government Reform.
The Chandlers are also the plaintiffs in a different lawsuit (Chandler v. CCA)
that was filed after the private prison contractor unlawfully detained
and then trespassed the Chandler brothers at the Moore Haven
Correctional Institution. In that case, the Chandlers attempted to make
a public records request pursuant to the contract between CCA and the State of Florida (see page 114 ¶ 11.21). The trial for Chandler v. CCA is scheduled for late February.
If the Chandlers prevail in the case against the two city councils, Florida law (FS 286.011)
provides that the individual city council members may be held
personally responsible for the costs of litigation. FS 286.011 also
makes knowing violations of Florida’s Open Meetings laws subject to
criminal prosecution, fines, imprisonment and removal from office.
Read more at www.fogwatch.org.
Pages
The Town of Southwest Ranches, Corrections Corporation of American (CCA), and DHS / ICE want to build one of the largest immigration detention centers in the nation within walking distance of thousands of homes; thus, reducing the quality of our life and our community. We do not agree with the federal government privatizing our immigration detention centers throughout the nation when there is clear evidence that privatizing our prisons creates a clear public safety threat. For ICE to continue to privatize these institutions and bring this safety threat through their "secure communities Initiative" to our community is unacceptable. Depriving someone of their liberty is a non-delegable governmental function and privatizing of such a function is infecting our nation like a virus.
The Town of Southwest Ranches has now entered into it's THIRD Fire Contract within the last year now with the Town of Davie, costing taxpayers $120,000 in ramp up fees. They are now closing several roads in western Southwest Ranches charging the tax payers $80,000 for the gates. They have paid an unknown amount of money for lobbying with ICE regarding this prison. They have several lawsuits against the Town, 1- Involving Open Meeting Violations on a November 5th meeting concerning the ICE Detention Center, 2- Open Records Violations, and 3- The Town is putting together a lawsuit to sue Pembroke Pines for breach of contract because the City utilized their exit clause and cancelled for convenience their Fire/EMS contract which included water and sewer at the last minute for the CCA prison. In the contract it states that there should be no third party beneficiaries. CCA would be a third party in this instance.
CCA has also filed suit in Federal court against the City of Pembroke Pines saying they are denying them water however the City had never seen a water application. The City did file for a Declaratory Judgement in State Court but that has been put on hold until the Federal Court hears the suit from CCA.
Is ANYONE CONFUSED as to why the Pembroke Pines/Southwest Ranches Fire Agreement was cancelled? The Town Attorney Keith Poliakoff attempted to "slip" into the agreement a portion that guaranteed water for the prison at CCA's request. This is something that should have been brought up separately. CCA should have brought it forward on their own in a water application. This is sleight of hand that CCA and the Town attempted to do because they were so afraid of CCA being on the Pembroke Pines agenda.
As of June 2012, ICE put out a statement that the site selection was no longer needed due to the fact that the extra bedspace was no longer needed. READ UPDATE HERE!
The Town of Southwest Ranches has now entered into it's THIRD Fire Contract within the last year now with the Town of Davie, costing taxpayers $120,000 in ramp up fees. They are now closing several roads in western Southwest Ranches charging the tax payers $80,000 for the gates. They have paid an unknown amount of money for lobbying with ICE regarding this prison. They have several lawsuits against the Town, 1- Involving Open Meeting Violations on a November 5th meeting concerning the ICE Detention Center, 2- Open Records Violations, and 3- The Town is putting together a lawsuit to sue Pembroke Pines for breach of contract because the City utilized their exit clause and cancelled for convenience their Fire/EMS contract which included water and sewer at the last minute for the CCA prison. In the contract it states that there should be no third party beneficiaries. CCA would be a third party in this instance.
CCA has also filed suit in Federal court against the City of Pembroke Pines saying they are denying them water however the City had never seen a water application. The City did file for a Declaratory Judgement in State Court but that has been put on hold until the Federal Court hears the suit from CCA.
Is ANYONE CONFUSED as to why the Pembroke Pines/Southwest Ranches Fire Agreement was cancelled? The Town Attorney Keith Poliakoff attempted to "slip" into the agreement a portion that guaranteed water for the prison at CCA's request. This is something that should have been brought up separately. CCA should have brought it forward on their own in a water application. This is sleight of hand that CCA and the Town attempted to do because they were so afraid of CCA being on the Pembroke Pines agenda.
As of June 2012, ICE put out a statement that the site selection was no longer needed due to the fact that the extra bedspace was no longer needed. READ UPDATE HERE!
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I was there and it was a total violation of Open Meeting laws and our constitutional rights. Shame on Pembroke Pines & Southwest Ranches for allowing this to happen. I attempted to enter without putting my card in a box and felt threatened by the police officer if I didn't as I tried to enter into the meeting. Such a disgrace!
ReplyDeleteI cannot imagine former AG Butterworth endorsing this at all. It's actually a stunning blotch on his near superhuman record in defending the public's right to access government.
ReplyDeleteDebbie Wasserman Schultz, Mayor Nelson and Mayor Ortis should feel a certain bit of shame for putting him in this position.
I think the press release said that Chandler tried to tell Butterworth of the atrocity that he lent his name because Chandler had so much respect for Butterworth, but the police threatened Chandler with arrest instead of allowing him to help diffuse this whole situation.
November 5th was intimidating, yet many people braved the intimidation to make their voices heard. Its good to hear this isnt legal and the brothers are taking legal action. This is just one example of the lengths our politicians and CCA/ICE will go to ram this facility down our throats. They know its not the right place for it, yet theyre going bully their way into our community anyways. Way to be a good neighbor and community presence!
ReplyDeleteIt was everything and more intimidating when you just drove up to park. You were stopped by BSO and had to declare your reason to be there. Then you had to sign a card stating if you were in support, oppose, or neutral position. After the meeting started approx 1/2 hour later I went outside for 5 min and almost didn't get back in. The 2 officers I went past to get out all of a sudden didn't remember me when I went to get back in. I had one of them escort me back to my seat. It was very controlled by CCA.
ReplyDeleteIf you do the research on CCA security in their facilities, studies and reports show its severely lacking. Ironically they probably had more security at the Nov 5th meeting than in their facilities. That meeting was pretty close to a police state operation.
ReplyDelete