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

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.

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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.

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

Hi RLD Family, 

See my first piece for the ACLU Blog!

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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.