Tag: Florida

Happy Holidays!!

On By Melba V. PearsonIn Legal News2 Comments

And just like that, 2023 has come to an end! It has been a nonstop year, and I look forward to getting some R&R this holiday season. But before I do, here are some quick updates!

Congratulations to Tanya Bhatt, who has been elected to the Miami Beach City Commission. She is someone I supported during her race, and I look forward to seeing great things from her in the coming year.

I was honored to provide input on the ongoing battle to get recreational cannabis on the ballot in Florida. The Miami New Times quoted me in a two-part series, that you can read here and here. I also weighed in on an awful case of police brutality for the Knoxville News Sentinel, which thankfully ended well under the circumstances. Lastly, with two high-profile rappers on trial in Atlanta and Broward County, I chatted with the Miami Herald about the use of hip-hop lyrics by prosecutors as evidence of wrongdoing. It’s a slippery slope since the lyrics may have been written way before any crimes may have occurred, and artists often brag about things they have no involvement in (often encouraged by studio bosses because it sells records).

Graphic with photo of Melba and text "If you want to go fast, go alone; if you want to go far, go together" African Proverb
Quote of the Month!

On the work front, our team at the Prosecutorial Performance Indicators at Florida International University has been doing a great deal of work in Maryland, with our work being featured in Maryland Matters. Using data for transparency in prosecution shouldn’t be feared by offices, it should be embraced!

ICYMI

Check out my recent appearance on CourtTV discussing the Young Thug case among others; I also weighed in on the Jonathan Majors and P. Diddy cases.

I had a wonderful #MondaysWithMelba with MaryKay, the owner of Your Alpaca Cottage! We managed to blend our love of animals and social justice.

Are you on TikTok? If so, see my recent video on the importance of supporting survivors of sexual assault and domestic violence in the wake of multiple allegations against P. Diddy.

Had a fun time with Erik Fleming on his podcast, along with Dr. Tracy Pearson (ironically, no relation!).

Panel discussion hosted by Lexis Nexis on the changing legal landscape in Florida

Call To Action:

We are soooo close to getting abortion access on the ballot in Florida, but we need more signatures — especially in Broward, Orlando, Osceola, Tampa, and Polk County. Ohio is proof of concept that this can happen, and the polling is consistent — the majority of Floridians (despite who they may vote for) support access to safe abortions. Keep in mind that what happened to a woman in Texas can — and has happened — in Florida. If you have not signed, please do so here.

You may recall the horrible case of AJ Owens, who was killed in front of her children by her racist neighbor. There is a collection and toy list to help them during this holiday season, so please join me in giving them a little joy during the first holidays without their mom.

Enjoying a great Art Basel exhibit on the Harlem Renaissance with fellow members of the
Miami Beach Black Affairs Advisory Committee

Candidates I’m Watching:

End-of-year giving is not just for charities — it’s for candidates too! The last quarter push is critical. Here are some folks to support locally for their elections in 2024:

Rodney Jacobs — I’m really excited about Rodney throwing his hat in the ring for the Florida State Senate. His military service, as well as working on police misconduct in the City of Miami, gives him a fresh, balanced perspective that is sorely needed!

Marisol Zentano — Marisol is taking another shot at becoming Miami Dade’s Property Appraiser. She ran in 2020 with me and did incredibly well with little name recognition plus a short runway to campaign. 2024 will be the year for her to win it!

Lucia Baez – Geller — Lucia served us so well on the School Board that she became a target for extremists who want to ban books in a willy-nilly fashion. She is now running for Congress, taking on an incumbent who voted to keep George Santos in Congress among other awful votes. She’s a public school teacher, a daughter of immigrants, and frankly, a breath of fresh air.

Monique Worrell — She is still fighting despite being wrongfully removed by the Florida Governor. She had her hearing in front of the Florida Supreme Court and is awaiting a decision regarding reinstatement. Regardless of the outcome, she is running for her second term as State Attorney in the Orlando area. The people should decide who serves in elected office, not anyone else.

Thank you for all of your support, comments, and emails this year. I’m doing a digital detox until January to reset for what we know will be an intense year in politics! Wishing each of you the happiest of holidays, and best wishes for the New Year.

In Solidarity,

M.

Happy Holidays from the Diva and the Cowboy!

It’s October – But There’s No Slowing Down!

On By Melba V. PearsonIn Legal News, Pop LifeLeave a comment

My father has a saying that resonates more and more as I get older (along with many other “Jamaicanisms” since we love to speak in riddles, lol).

It’s not the moment that a leaf falls to the water bottom that it rots.

Practically, it’s accurate. A leaf doesn’t rot that fast, it takes time. But day by day, bit by bit, time and water break down the leaf.

The same applies to politics. One act is rarely in isolation; and multiple acts together can erode democracy, or can create a toxic environment for various communities. I’ve been very vocal about why it is important for history to be taught accurately, for the power of the voters to remain undiluted, and to push back against hate. The horrible events in Jacksonville, where three people were murdered at a Dollar General simply because of the color of their skin, lays this very bare. Florida is now home to 89 hate groups as per the Southern Poverty Law Center, including the Proud Boys and Nazis who have paraded in major streets in Orlando – including outside Disney World. The Florida governor’s policies that led to banning of books by Black/other authors of color, and discussions of the “benefits” of slavery chips away at the humanity of us all, allows hate groups to flourish due to feeling that they have a home, and results in people with hate in their hearts acting out in violent ways.

I also see this connected to the removal of 9th Judicial Circuit State Attorney Monique Worrell. The Florida governor ignored the will of more than 66% of the voters in the Orlando area who overwhelmingly voted for SA Worrell to be their elected prosecutor, and removed her from office. I did a TikTok breaking down why this is so problematic, along with an op-ed by my colleagues and I that appeared in the Miami Herald. And for those who say “but the people elected the governor” — they’re clearly missing the point of how democracy works. This isn’t a monarchy where everyone serves at the pleasure of the king. Elected officials should not be pulled out of office for political differences – this must only be if they are literally not doing their job. With crime on the decline in the Orlando area as shown by the data, clearly her method of prosecution is working. Check out the press conference where I spoke along with fellow Miami attorneys here. Despite the wrongful removal, SA Worrell is running for re-election while suing to get her job back. You can support her by donating to her campaign here and GoFundMe here.

Lastly, in another attack on the voters, the Florida Supreme Court asked the Florida Legislature to look into consolidating some of our 20 judicial circuits. I did a Mondays With Melba as to why that’s problematic – and in the public comments that have been given at townhalls around the state, NO ONE is speaking in favor of this from either party. It will make it harder for survivors of crime to access justice, as well as for every day people to resolve matters in court since it may close the courthouse closest to them. Let your voice be heard on this! The Judicial Circuit Assessment Committee will hold their next public hearing at 10:00 am (EDT) on Friday, October 13, 2023, in person at the George Edgecomb Courthouse, 800 E Twiggs St, Tampa, FL 33602, and virtually via Zoom. To attend participate virtually, you must register in advance by clicking here.

Nothing like having a front row seat to history – congrats to ACLU of Florida alum Judge Nancy Abudu on becoming the first Black woman to be appointed to the federal 11th Circuit of Appeals by President Joe Biden!! Wonderful to be reunited with my former co-workers for this amazing event.

ICYMI

See my #MondaysWithMelba with Moms for Libros — a dynamic duo pushing back on the extreme book bans in Miami!

Great to be back on the Sunday morning political roundtable on WPLG Channel 10 This Week in South Florida, where we talked about the Republican presidential debate, the Jacksonville shooting and other current events.

Very fun interview with the team at City Life Guru on my early days in Miami, my career path, and my favorite places to go when in town!

Enjoyed bringing my legal analysis to the brand new CourtTV show “Opening Statements“

In studio at Court TV!

Call To Action:

In addition to letting your voice be heard around the issues I mentioned above, be sure to check your vote by mail status! All vote by mail registrations in Florida were deleted from the system last December, so everyone must re-enroll! Some residents have elections coming up soon – for instance this November in Miami Beach, and a special election in South Dade. Click here to re-enroll if you haven’t already!

Tune in for a very educational and intense #MondaysWithMelba for Indigenous People’s Day on October 9 at 6pm! My guests are Mrs. Betty Osceola of the Miccosukee Tribe, and Chairman Robert Rosa of the United Confederation of Taino People. We talk about everything from environmental issues to respecting the remains of the Indigenous elders. Tune in via my Facebook Live, LinkedIn or YouTube pages; later in the week on my Instagram @resident_legal_diva and @melbaformiami.

#MondaysWithMelba honoring Indigenous People’s Day on Monday, October 9 at 6pm EST!

Candidates I’m Watching:

Andrea Jenkins — I was proud to co-host a fundraiser supporting her re-election campaign. She’s the first Black transgender woman to be elected to public office in the US, and she serves as the President of the Minneapolis City Council. The election is November 7.

Johnny Farias — On December 5, there’s a special election for the Florida House in South Dade, and I wholeheartedly support Johnny. He’s a Navy vet, an electrician with his own business, and a true man of the people.

Turning to the 2024 races:

Christopher Benjamin — It was an honor to co-host a fundraiser for him! I’ve known Rep. Benjamin for quite a while now, and he is a true public servant — attorney, state representative, and now, seeking the position of County Court Judge in Miami.

Rodney Jacobs — I’m really excited about Rodney throwing his hat in the ring for Florida State Senate. His military service, as well as working on police misconduct in the City of Miami, gives him a fresh, balanced perspective that is sorely needed!

Marisol Zentano — Marisol is taking another shot at becoming Miami Dade’s Property Appraiser. She ran in 2020 with me, and did incredibly well with little name recognition plus a short runway to campaign. 2024 will be the year for her to win it!

Just celebrated my 50th birthday! Embracing this new chapter.

In Solidarity,

M.

Does The Florida Supreme Court Hate Diversity?

On By Melba V. PearsonIn Legal NewsLeave a comment

Last month, without any prompting from a pending case or matter, the Florida Supreme Court sua sponte ruled that the Florida Bar can no longer issue continuing legal education credits to any entity that requires diversity in selecting speakers.

At a time when our country is at a crossroads on racial issues—enduring the long painful trial of Derek Chauvin for the brutal murder of George Floyd, a summer of unrest due to his and the deaths of Breonna Taylor as well as Ahmaud Arbery, a huge rise in AAPI hate attacks, anti-Semitic attacks increasing by 40% in our state, and Charlottesville not far in our rearview mirror —it is incredibly irresponsible and concerning to take this approach.

If a CLE addressed Asian hate, and the sponsoring entity required at least one Asian speaker, the session would not see credit. Is the Florida Supreme Court saying that only white men can opine on anti-Asian hate? Or racism? Further marginalizing voices who can share lived experiences that can educate others makes our profession weaker. It goes back to days gone by when only white voices mattered or were heard in any discussion.

It’s 2021. Gone were the days that you do not find diverse attorneys—women, various races and ethnicities, LGBT+—locked out of various areas of practice. Seeing experts that are different than you broadens your horizons, and helps attack implicit bias. The Supreme Court, ironically, highlighted the importance of diversity and eradicating implicit bias—yet attacked the very means to be able to accomplish diversity by using a misguided application of the Regents of University of California v. Bakke, 438 U.S. 265, 307 (1978). Their basis—that requiring diverse speakers equates to an unconstitutional quota—blatantly ignores the fact that while people may have good intentions, guidelines are needed to ensure diversity. By saying “at least one speaker should be a member of a group based upon race, ethnicity, gender, sexual orientation, gender identity, disability and multiculturalism” does not act to the detriment of any other group.

Sadly, several of the Supreme Court justices were appointed by this governor, who has made it clear he is hostile to communities of color. From his comments disrespecting the jury’s verdict in the Chauvin case, to signing an unnecessary and regressive anti-protest bill that attacks free speech, to stripping access to the ballot box, and unevenly distributing the vaccine to the point that 100% of wealthy white people are vaccinated in this state as opposed to only 31% of Black residents, his intentions have been clear as day. Lastly, he recently signed a bill demanding all university professors to fill out regular surveys to determine their political beliefs, and empowers students to secretly record their professors for daring to opine differently than the conservative status quo.

The judiciary is supposed to be independent, not following lock step with the governor’s war against social media and any opinion that is not conservative. The goal of having a diverse panel is to ensure diversity of ideas—conservative, progressive and independent. It is to raise awareness around a particular topic, which makes us better lawyers and people.

This ruling will have wide consequences. Several organizations are discussing no longer hosting events in Florida, which will cause attorneys to have to travel longer and further to get quality content while depriving our economy. Locally, as bar associations grapple with engaging and retaining members, if they are barred from presenting quality programs with diverse speakers, it will only further harm their finances and relevance.

Requiring diversity is the furthest thing from discrimination. This is still in the comment period—if you believe that having a variety of speakers uplifts our profession, please contact the Supreme Court and tell them to rescind this misguided rule. If it does stay intact, I hope that organizations will continue to practice bringing diverse speakers. It is unfortunate that those with oaths and responsibilities continue to make Florida the laughingstock of the country. Those of us who truly care about diversity—with more than words, but with actual deeds—will continue to push forward.

This piece originally ran in the Daily Business Review. You may see the order from the Florida Supreme Court here.

The Diva on the Sunday Roundtable: Guns, Activism & the NRA

On By Melba V. PearsonIn Legal NewsLeave a comment

Hi RLD Family!

I had the privilege of being on the Channel 10 South Florida Roundtable this past Sunday. We took on some tough issues surrounding the recent bill passed by the Florida legislature in response to the tragic school shooting in Parkland, Florida. While some aspects are good (increased funding for mental health), many have concerns as to how this will eventually affect students of color.

Check out the footage here and share your thoughts!!

M.

For People of Color in Jacksonville FL, Walking Can Be a Crime

On By Melba V. PearsonIn Legal News1 Comment

Hi RLD Family, 

See my first piece for the ACLU Blog!

OLYMPUS DIGITAL CAMERA

Walking is a lot of things. It’s great exercise. It’s a cost-free mode of transportation. But for Black people in Jacksonville, Florida, evidence suggests that it’s leading to discriminatory encounters with police.

Black pedestrians in Jacksonville are ticketed a stunning three times as often for pedestrian violations, like jaywalking, as white pedestrians, according to ProPublica and The Florida Times-Union. In a recently published exposé, the outlets examined 2,200 tickets issued in Jacksonville between 2012 and 2016. They found that although representing only 29 percent of the city’s population, Black people received a whopping 55 percent of all pedestrian tickets. Disproportionate enforcement also occurred for lesser known offenses. For instance, 68 percent of people who received tickets for “failing to cross the road at a right angle or the shortest route” were Black.

In Jacksonville, crossing the street on a yellow light or walking on the street where there is no sidewalk can result in getting a ticket with a $65 price tag. If you are poor or working but struggling to make ends meet, this is an especially hard pill to swallow. Failure to pay may impact your credit score or possibly result in suspension of your driver’s license.

The disparate citation rates in Jacksonville raise serious concerns about racial profiling. The ProPublica/Times-Union story even includes pictures of police officers doing the exact same thing that Black pedestrians have been ticketed for.

The issue of disparate enforcement in the state of Florida is far from new.

The ACLU analyzed the rate of stops and tickets for seatbelt violations for 2014. Statewide, Black motorists were stopped and ticketed almost twice as much as white motorists based on data from 147 different law enforcement agencies. In some places, data showed Black motorists were as much as a staggering four times as likely to be ticketed.

In Tampa, Black children as young as 3 years old were targeted for stops while riding a bicycle and ticketed for things like “bike riding with no hands.” From 2003 to 2015, more than 10,000 bike tickets were issued — 79 percent of them to Black residents. Black people, however, compose only 26 percent of the Tampa population. In 2016, the Department of Justice’s Office of Community Oriented Policing Services issued a scathing report indicating that the tickets burdened Black cyclists in Tampa and did nothing to reduce crime or improve safety.

Does law enforcement have a compelling reason why they continue to overpolice communities of color? No, they do not.

The reason given by Jacksonville law enforcement for their pedestrian ticket enforcement practices is that it reduces pedestrian fatalities. But city officials in Jacksonville have not backed up that reasoning with evidence showing, for example, that the rate of pedestrian fatalities was actually lowered over time as a result of whatever practices are leading to such high rates of ticketing Black people for pedestrian offenses. Law enforcement has likewise not presented data showing that such interactions have reduced crime by, for example, leading to the apprehension of crime suspects or seizure of weapons and contraband.

Overpolicing of communities of color leads to one thing: the overpolicing of communities of color. That’s unacceptable and illegal. It’s time for Florida law enforcement agencies to make changes to the way citizens of color are treated. Only by embracing reform can police in Florida protect and serve everyone equally.