A newly proposed Stand Your Ground Law that passed first the Florida senate and now the house has moved back to the senate for finishing touches before heading to the Governor’s desk. The new law will shift the burden of proof from defendants who are required to prove self defense under current judicial law to the prosecution, who will need to prove self defense did not occur. The changing circumstances will make it easier for defendants in murder/manslaughter cases, particularly those involving a firearm, to claim self defense as a means to beat charges.
The Florida NAACP and other organizations are mounting strong opposition to the bill, claiming that is pushes things too far. The NAACP has released multiple statements claiming that the current application of the law is already done in a racially biased manner. Other groups, including gun safety advocates normally allied with the NRA, are saying the new law will give criminals too much leeway to claim self defense when they commit a crime with a gun.
Evelyn Foxx, head of the Alachua County branch of the NAACP, had nothing good about the bill to say either. “This law, adding to what’s already on the books, would be even worse for African Americans and people of color,” she said. Press releases by the Florida NAACP included statistics that 34% of homocides involving a black victim and white shooter were deemed justified under the existing law. The fear is that this is due to a racial bias in the court system, and that strengthening the law will exacerbate the problem and allow even more killers to go free.
Supporters of the bill say that this specific change to the law code is long overdue. Republican lawmakers point to the constitution and the notion that every citizen accused of the crime is presumed innocent until proven guilty. The burden of proof is always on the prosecution and state in every other instance except for claims of self defense. They feel this is a mistake that this new Stand Your Ground law will finally rectify.
On March 14th, Alachua County held the Gainesville Regular Election. The elections determined who would be representing Gainesville City Commission districts 2 and 3, as well as who would hold at-large seat 2. Harvey Ward Jr. won district 2 in a three-way race while David Arreola and Helen K. Warren defeated their opponents in the race for district 3 and at-large seat 2, respectively.
All the elections were non-partisan races. This meant that two democrats could be running against each other, or two republicans, three libertarians etc. The most contested of the races was the battle for at-large seat 2 between the winner and incumbent Helen K. Warren and challenger Jenn Powell. Powell gained attention in the community as an outspoken activist for Bernie Sanders and other progressive causes in Alachua County. The volunteer force she had cultivated for the presidential campaign in Gainesville manifested itself into support for her own campaign. Powell entered the race less than a month before the election, yet earned over 45% of the vote with around 4,600 votes cast in her favor. Despite her loss Powell told The Gainesville Sun that she would use her influence to hold Warren’s feet to the fire and make sure she keeps election promises.
Each race brought its own surprises that no one in Gainesville seemed to see coming. Namely Harvey Ward Jr. defeating both his opponents outright in the fight for district 2. Because it was a three way race, a run off election was expected as it seemed unlikely any of the candidates would breach the 50% mark required to win the commission seat. However, Ward Jr. had an amazing showing, with his victory being the first called, mustering 50.7% of the vote to defeat opponents Perry Clawson and Sheryl Eddie.
The third and final race we’ll be discussing was a surprise for less positive reasons. Despite being the most expensive of the three races in the Gainesville Regular Election, district 3 suffered from the lowest turnout with around 3,000 votes giving newcomer Arreola the victory over Craig Carter. Arreola claimed 66% to Carter’s 33%, but it’s hard for the win to be seen as voters having high expectations for his abilities. According to the Gainesville Sun the two candidates spent the most out out of the seven running and gained the least bang for their dollar.
This signals to a much larger problem facing Alachua County. Despite the claim from the Board of Elections that more voters participated this election compared to previous years (Which is true) this doesn’t take into account that Gainesville’s population increased over that period of time as well. When taken as a percentage of eligible voters, participation has been steadily decreasing in Alachua County. As can be easily ascertained from looking at their website, turnout was just under 12%. It’s hard to be proud of those numbers, but it’s hard to say what the Board of Elections can do in the future to increase participation.
District 4 City Commissioner Adrian Hayes-Santos will be in court Monday, February 13th for a one day non-jury trial that will determine the legitimacy of his candidacy. A newcomer to politics, Hayes-Santos won with over 80% of vote in the March, 2016 election for the vacant District 4 Commissioner seat. His opponent in that race, Jim Konish filed a lawsuit against Hayes-Santos shortly before the election alleging he did not meet the residency requirements to run for that seat.
Hayes-Santos has acted as commissioner over an area that includes the University of Florida campus for several months. He has supported the Connected Gainesville initiative to improve the speed and scope of internet in Gainesville through GRU. Hayes-Santos made improving internet and utilities one of the main focuses of his campaign, and since the election has been aggressively pursuing and crafting policy to provide internet access to a developing city that sorely needs it.
If ruled against, it is unclear if Hayes-Santos will be removed from the position or how the courts will decide to deal with the political dilemma. Hayes-Santos has recently been involved with a memorandum between Gainesville and the University of Florida to collaborate officially on development projects including transportation, housing and environmental protection. This legal challenge poses the final hurdle to Hayes-Santos’ ability to pursue the envisioned promises of the campaign.
Hayes-Santos has denied the allegations and claims he has met the requirements of residency. As the plaintiff, Konish is identified as a duly qualified candidate for Gainesville City Commissioner. It can be speculated he would attempt to assume the position if the courts ruled in his favor in lieu of a special election, as he was the only other candidate running against Hayes-Santos. Also listed as defendants are the Supervisor of Elections, the City of Gainesville Election Canvassing Board, and the Alachua County Board of Canvassers. Both sides will deliver testimonies in court on Monday before Judge Monica Brasington.