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What is The Paradise Progressive?

The Paradise Progressive is an effort to cover, analyze and comment on news affecting the Paradise Coast of Southwest Florida that is overlooked, ignored or avoided by local traditional  media. It does this to fulfill the role of a free and independent press in a democratic republic.

As the Washington Post states: “Democracy dies in darkness.” But we say: “Liberty lives in light.” Our goal is to shine a light as best we can to dispel the darkness.

The Paradise Progressive is not affiliated with any political party or organization. It was begun on Dec. 20, 2018. To search past articles, google “Paradise Progressive” with your search terms.

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How many hard-core anti-vaxxers are in Southwest Florida?

A Collier County, Florida resident receives the second shot of the Moderna COVID vaccine in February 2021. (Photo: Author)

July 23, 2021 by David Silverberg

The COVID-19 Delta variant has begun its grim swing through Southwest Florida as it has throughout the rest of the nation and the world, taking aim at the unvaccinated.

“The Delta variant is more aggressive and much more transmissible than previously circulating strains,” Dr. Rochelle Walensky, director of the Centers for Disease Control and Prevention told reporters at a briefing yesterday, July 22. “It is one of the most infectious respiratory viruses we know of, and that I have seen in my 20-year career.”

In Collier County, Florida, as of July 22, the COVID infection rate was running at 8.4 percent, according to the Naples Community Hospital (NCH), well above the 5 percent considered safe for reopening.

In Lee County, Florida the 14-day rolling average positivity rate is at 22 percent, approaching last July’s peak, according to NBC-2 News. Lee Health, the county’s largest health provider, has re-activated its COVID-19 Incident Management team due to the spread and influx of new cases.

(Unfortunately, since the administration of Gov. Ron DeSantis (R) stopped issuing daily COVID statistics, the Florida Department of Health is no longer the prime authoritative source of the latest information regarding the spread of the disease.)

Getting vaccinated is the best defense—and yet, despite all the convincing, cajoling, coercing or complaining, the media coverage and the pronouncements of doctors and health care experts from the top of the government pyramid to grassroots family practitioners, there is a hard-core, die-hard population who absolutely will not get shots.

Why they’re so adamant is less important than trying to determine how large a population they represent because as the summer wears on and the Delta variant spreads, they are likely to start filling the hospitals and the intensive care units (ICUs) and spread the disease to other unvaccinated people.

How many of these hard core anti-vaccinationists (anti-vaxxers) are in Southwest Florida? How many are likely to need urgent care? How can the health systems of Southwest Florida prepare for what is already an influx of cases?

Unfortunately, there is a dearth of scientific polling and surveying in Southwest Florida. Hospitals and health care systems can only measure the number of cases that come in already infected. So making a determination has to rely on more anecdotal indicators.

Fanning the flames

Perhaps the region’s leading and most vocal anti-vaxxer is Francis Alfred “Alfie” Oakes III, a farmer and owner of the Seed to Table market in North Naples. From the beginning of the pandemic he characterized COVID as a “hoax” and a “sham.”

A sign on the front of Seed to Table. The pictures are of Collier County commissioners who voted for a mask mandate in July 2020. (Photo: Author)

Oakes is now well-known throughout Southwest Florida for his extreme political positions and his adamant resistance to masking and vaccinations. He has written Facebook posts that have created enormous controversy on a variety of issues and led to canceled contracts for Oakes Farms.

But whatever one thinks of Oakes’ anti-vaccine posts, his following and the responses to his posts do provide a potentially useful snapshot of the possible size of the anti-vaxx population, although this is, of necessity, a very rough estimate. Oakes’ Facebook page is followed by 14,520 people, according to Facebook, and lists 4,939 friends

A prime example of Oakes’ following came on July 9. Oakes cited a letter sent to employees of NCH by the hospital’s vaccination administrator encouraging employees to get vaccinated and listing places in NCH where vaccines were available.

“Look at this disgraceful letter that is being sent out by communist NCH to all of the employees that did not take Fauci’s experimental cocktail…” Oakes wrote on his Facebook page. The post received 192 comments, most supportive of Oakes.

A posting yesterday, July 22, displayed a banner: “Imagine if there was a 99.7% chance you wouldn’t get cancer, But you were forced to go on chemo just incase…” [sic]. That post received 184 comments.

(When reader James Snyder pointed out: “Taking medical advice from a produce salesman is probably not a good idea FYI!” Oakes responded: “Taking advice from someone who has 3200 employees with over 8000 patrons coming through daily and not a single employee dying… and very few getting sick for more than a few days.. Everyone eating healthy and living happy without fear and without masks loving one another enjoying their lives for the last year and a half may be someone you should consider taking advice from….Just sayin’.” It is also worth noting that musician Ted Nugent tested positive for COVID a week after playing a packed, unmasked performance at Seed to Table.) 

Another potential indicator of the anti-vaxx population’s size came during the Collier County Commission debate on July 13 over a failed “Bill of Rights sanctuary” ordinance. The proponents claimed to speak for 5,000 residents, based on a petition in favor of the ordinance.

While the ordinance concerned the Bill of Rights, it was based on an earlier petition launched in April by The Alamo gun range and store to pass a “Second Amendment Preservation Act.” As of this writing, that petition attracted only 1,338 signatures.

While worry over guns and rights is hardly the same as fear of vaccinations, the concerns overlap somewhat among these residents, so it may be something of an indication of the size of the anti-vaxx population in Collier County.

While Lee and Charlotte counties also have anti-vaxx populations there are fewer indicators for the size of their anti-vaxx cohort.

Based on these extremely rough and unscientific indicators, the number of hard-core anti-vaxxers in Southwest Florida may range from the mid-hundreds to perhaps the low thousands.

We’ll all know soon enough as the ICUs fill up.

The history of anti-vaxxing

An English cartoon from 1802 lampoons fears of the smallpox vaccine.

In their rejection of scientific evidence, today’s anti-vaxxers join a long line of past opponents.

Opposition to vaccinations predates the practice of vaccination itself. Before there were vaccines, doctors in Africa, China, India and the Ottoman Empire practiced “variolation”—inoculating an uninfected person with pus from someone with smallpox to induce immunity.

However, in the West, particularly England, it was Dr. Edward Jenner’s use of cowpox in the late 18th and early 19th centuries to create immunity to smallpox that led to what is now called vaccination—and created the first controversy over its use.

“Pro-inoculators tended to write in the cool and factual tones encouraged by the Royal Society, with frequent appeals to reason, the modern progress of science and the courtesy subsisting among gentlemen. Anti-inoculators purposely wrote like demagogues, using heated tones and lurid scare stories to promote paranoia,” according to the 2019 book Let’s Talk Vaccines, by Dr. Gretchen LaSalle.

Ever since then, opposition to vaccination has waxed and waned, usually paralleling epidemics and pandemics. England imposed mandatory smallpox vaccinations in 1853 for infants up to three months old and then extended that in 1867 to children up to 14 years. These laws imposed penalties for failures to vaccinate.

The mandates faced fierce resistance and riotous protests. While an 1896 commission studying the vaccines found that they prevented smallpox, it recommended removing the penalties and an 1898 law provided for exemptions for religious or conscientious objectors.

In the United States, despite the presence of an Anti-Vaccination League founded by a visiting Briton in 1879, there was a widespread acceptance of vaccination. This was bolstered by the 1905 Supreme Court decision Jacobson v. Massachusetts, which upheld a state’s right to mandate vaccines. Today it remains the precedent for state vaccine mandates.

Between 1920 and 1970 American scientific breakthroughs produced highly lauded vaccines against diphtheria, pertussis, polio, measles, mumps and rubella and their administration was widely accepted by the public.

Beginning in 1982, however, the public consensus began to fray, with the national airing of a television documentary, “DPT: Vaccine Roulette” that emotionally alleged ill-effects from a diphtheria-pertussis-tetanus vaccine. Although the documentary detailed what were known to be side-effects from the vaccine and long-term study reported no permanent ill-effects, it began an anti-vaxx movement that gained momentum over the years as celebrities, lacking any medical education or training, joined the anti-vaxx chorus.

In 2014 anti-vaxx sentiment led to resurgence of measles, prompting the state of California to remove parents’ options to opt out of measles vaccinations. The measles problem has persisted to the present.

The outbreak of the COVID-19 pandemic in 2020, though, has overshadowed all other vaccine fears. The first COVID vaccines were announced by Pfizer and BioNTech in November 2020 and have since received Food and Drug Administration approval.

As of this writing 339 million Americans have received vaccine doses and 162 million, or 49.3 percent of the country has been fully vaccinated.

Southwest Florida resistance

In Southwest Florida resistance to all vaccines was already causing concern prior to the pandemic.

In March 2019 the national measles resurgence prompted local NBC2 News to ask: “Is the anti-vax movement impacting Florida’s vaccination rates?

It found that vaccine hesitancy was prompting an increase in the number of religious exemptions being requested by parents of schoolchildren at the state level. In the 2017-2018 school year the state of Florida was aiming to have 95 percent of all kindergartners vaccinated against measles. Religious exemptions jumped to 2.4 percent, 10 percent more than 10 years previously.

In Collier County the religious exemptions went from 2.6 percent in 2015-2016 to 3 percent in 2017-2018.

So clearly there was a growing, although still small resistance to vaccinations prior to the COVID pandemic. But then, when the pandemic began hitting the United States in a big way in 2020, the political controversy over the response mounted exponentially, exacerbated by President Donald Trump’s dismissal of the COVID danger.

Trump’s denigration of all responsible media reporting as “fake news” and his attacks on Dr. Anthony Fauci, director of the US National Institute of Allergy and Infectious Diseases, also served to reduce acceptance of COVID information among segments of the population. This led to reliance on anti-vaxx rumor and conspiracy theories, spread in many cases on social media.

In Southwest Florida this manifested itself in resistance to mask mandates, fed in particular by individuals like Alfie Oakes and Byron Donalds, then a Republican congressional candidate, who opposed masking in person every time a mask mandate was debated. He caught COVID in October 2020 but recovered and was elected to Congress in November.

Liberty and death

While Southwest Florida is widely acknowledged as politically, socially and culturally conservative, the extreme brand of Trumpist conservatism now includes rejection of science and vaccinations. Given the properties of the COVID-19 Delta variant, a refusal to vaccinate appears to be a virtual death sentence but there are people who hold out—and will continue to do so come what may. They disbelieve all journalistic reporting on the pandemic, they reject all public health efforts and many feel that any precautions of any kind infringe on their personal freedom and liberty.

They bring to mind Virginia patriot Patrick Henry who in 1775 said: “Give me liberty or give me death.”

He was thinking of a line of patriots facing a line of redcoats. Those Americans had a better chance of surviving a musket volley than anti-vaxxers do facing the Delta variant today.

They may think anti-vaxxing brings liberty—but they’re much more likely to get death.


To read more about the history of vaccine resistance:

Liberty lives in light

© 2021 by David Silverberg

The Battle of Collier County: Inside one county’s struggle to stay in the United States

Highlights and impressions of the debate over a ‘Bill of Rights sanctuary’ ordinance

A packed house at the outset of a hearing on a federal nullification ordinance in Collier County, Fla. Many opponents of the ordinance were masked while many proponents wore flag-themed attire. (Photo: Author)

July 16, 2021 by David Silverberg

On Tuesday, July 13, Collier County, Florida, chose to remain part of the United States, by a single vote.

But as significantly, the County Commission also chose to unanimously reaffirm the county’s allegiance to the Constitution and the Bill of Rights by passing a positive resolution that stated: “The county commission of Collier County, Florida, reaffirms its loyalty, its patriotism and its allegiance to the United States Constitution, its Bill of Rights, its amendments and the duly constituted laws.”

All this would seem to be self-evident—but in Collier County, as in many other places around the nation, what was once self-evident is no longer.

Collier County, Florida

By a vote of 3 to 2, the Commission rejected a “Bill of Rights sanctuary” ordinance that sought to nullify federal authority in the county.

Commission chair Penny Taylor (District 4) and commissioners Andy Solis (District 2) and Burt Saunders (District 3) voted against the ordinance. Commissioners Rick LoCastro (District 1) and William McDaniel Jr. (District 5), who introduced it, voted for it.

After dispatching the ordinance, the commissioners approved the resolution reaffirming allegiance to the Constitution.

The votes came after a marathon hearing session that started about 1 pm in the afternoon and stretched until 8:45 pm. At least 122 people requested speaking slots, providing input both in person and remotely.

Both those for and against the ordinance understood and appreciated its greater significance. It would have been the first such ordinance in Florida and proponents stated overtly that if it passed they were going to take it to Florida’s 66 other counties. From there it could have spread throughout the country. Opponents knew it had to be stopped. This wasn’t just about Collier County; it was about the future of the nation.

For the first time ever, a decision made in a Collier County Commission chamber could have changed the nation’s nature—and everyone knew it.

What follows are impressions from the session and the vote.

(Full disclosure: This author was one of the speakers opposing the ordinance and the drafter of the resolution reaffirming loyalty to the Constitution and Bill of Rights.)

(The entire 4-hour and 30-minute video of the hearing portion of the Commission meeting can be viewed here.)

(To see previous coverage of the ordinance, see A license for lawlessness: Collier County, Florida’s proposed “sanctuary ordinance” and a better way forward and Sanctuary in America: Haven or insurrection by other means?)

The bombshell

Anyone who came to the meeting should have been prepared for all kinds of fireworks. As a sign of the drama to come, proponents, many wearing flag-related clothing and paraphernalia, were outside the Commission building bright and early before the session began with signs advocating a “yes” vote.

They had reason to be confident. A June 22 meeting when the Commission voted to consider the ordinance had gone their way. At that meeting the ordinance received the endorsement of the district’s congressman, Rep. Byron Donalds (R-19-Fla.), and the county’s top law enforcement officer, Sheriff Kevin Rambosk. It was also endorsed by state Rep. Bob Rommel (R-106-Naples) who sent a surrogate to express his support. At that meeting all the public speakers were in favor of the ordinance and not a single member of the public opposed it.

At the June meeting Commissioner McDaniel fulsomely introduced the ordinance and LoCastro made favorable remarks. Although Saunders said he wasn’t committed to the ordinance, he voted for its consideration and it seemed as though he could be swayed—or pressured—to vote in favor.

Other than the opponents who showed up this time, there was no reason to expect that the ordinance might not sail through on a similar 3 to 2 vote again. All the big guns lined up in their favor.

Nor did they just rely on their numbers or enthusiasm to get their way. Prior to this hearing they gathered in the hallway outside the Commission chamber to hold a prayer meeting and invoke Jesus’ assistance in swaying the commissioners.

Proponents of the nullification ordinance spend a moment in prayer in the hallway of the county Commission meeting room before the hearing begins. (Photo: author)

But if there was any single bombshell dropped during the July 13 hearing, it came when County Attorney Jeffrey Klatzkow rose to provide his analysis of the legal and fiscal impacts of the ordinance.

Scholarly, legalistic and calm, Klatzkow delivered the news that the ordinance would strip  institutional immunity from the county’s five commissioners, five constitutional officers and five school board members, as well as staff.

In other words, under the ordinance, if they carried out actions that aided the federal government in what was considered a violation of the Bill of Rights by an aggrieved party they could be personally sued. The plaintiff might not win in court but the defendants would have to pay court costs out of their own pockets.

Jeffrey Klatzkow

“The big issue here is not going to be damages,” Klatzkow said. “It’s going to be attorney’s fees. There is an incentive for attorneys to bring actions under this because every hour they put in is an hour they can bill.” 

It didn’t take much imagination to see where that could lead: commissioners and county officials could be sued into bankruptcy simply for making the county function through otherwise legal official actions.

Although Klatzkow didn’t say it, it was clear that the ordinance could bring the whole county to a halt and destroy the county government itself. In response to a question from Solis, Klatzkow mentioned that the Supervisor of Elections would be liable as a constitutional officer—and any observer could foresee lawsuits like this making elections impossible.

An observer could also see the impact of Klatzkow’s analysis sink in on the faces of the commissioners—but he wasn’t done yet.

Collier County, like virtually every jurisdiction in the country, relies on federal financial grants to pay for a wide variety of functions. But federal grants don’t come without strings; in this case with numerous rules and regulations governing oversight, receipt, performance and a wide variety of other requirements and conditions.

Klatzkow dramatically demonstrated just how many strings were attached by displaying five, single-spaced pages of rules and regulations that he projected to the chamber, one after the other.

If Collier County removed itself from federal jurisdiction it would lose all those grants, all that money, Klatzkow warned.

He didn’t say it aloud, but it was clear that passing the ordinance would beggar an otherwise affluent and prosperous county.

If Klatzkow wanted to make an impression, he certainly did.

The proponents

Klatzkow’s presentation put the ordinance’s proponents on the defensive. It was clear from the presentations of the key advocates who followed Klatzkow that they had to move the commissioners away from contemplating the potentially devastating fiscal impact of passing the ordinance.

James Rosenberger

The first public speaker to try to do this was James Rosenberger, a tall, stooped county resident who launched the petition for the ordinance and gained 5,000 signatures. His tactic was to compare the ease and safety of the current commissioners with the revolutionaries who put their lives on the line to rebel against the British in 1776. They should do the same now, he argued, and ignore the possible unintended consequences of passing the ordinance.

“You can lead, follow or get out of the way,” he said, drawing on what he said was a firefighting mantra in his experience. “If you’re incapable of leading today maybe this job isn’t for you and I suggest along with ‘we the people’ that you get out of the way, step down and make room for someone who will lead us like our forefathers did almost 250 years ago.”

Having now threatened and insulted the people he was trying to convince, Rosenberger made way for his wife, Carol DiPaolo, who traced the origins of the nullification ordinance movement to a meeting of seven concerned friends from a variety of backgrounds. They had gathered to share their “concern, anxiety, fear and anger”—over measures like mask mandates, gun restrictions, and “President Biden and his pen.”

Carol DiPaolo

In the Spring, the group collected signatures to create a 2nd Amendment sanctuary in Collier County but were rebuffed by the county Commission. However they were contacted by Keith Flaugh of the conservative Florida Citizens Alliance and people from The Alamo gun range and store in Naples, whom they hadn’t previously known. With the aid of “prominent” Collier County supporters the nullification ordinance was drawn up and presented at the June 22 meeting. DiPaolo urged the commissioners to pass it now.

From DiPaolo onward, the proponents held the floor, with one exception: Undersheriff Col. Jim Bloom of the Collier County Sheriff’s Office, who was standing in for Rambosk.

Bloom testified that the ordinance was enforceable like any other law in the county but when asked by Solis what procedure the office would follow to enforce it, he said the office would contact the state’s attorney to prosecute violations.

Bloom and Rambosk may not have intended it but that procedure set up an effective Catch-22, wherein they were seeking a higher authority to enforce and prosecute an essentially unconstitutional ordinance that didn’t recognize higher authority.

What was more, Solis said he had called the state’s attorney, who said his office had not been consulted about the ordinance.

But while Bloom’s answer introduced what was essentially an insurmountable “logic loop,” that did not deter Kristina Heuser, the lawyer who drew up the ordinance. She defended its legality.

Keith Flaugh

She was followed by Flaugh, who drew a stark choice for the commissioners: “There seem to be the two factions,” he said. “Those who support the individual rights that you have sworn to protect and those who support an unfettered federal government in control of our everyday lives.”

He also gave commissioners a stark choice. “For anyone of you who decide to vote ‘no’ on this I urge you and suggest you have only one honorable course of action: to resign before you disgrace yourself any further.”

Subsequent proponents spoke on similar themes. State Rep. Rommel made an appearance to support the ordinance, saying he wanted his local sheriff in charge and alleging that the US Capitol Police were opening an office in Tampa to pursue people in Southwest Florida. He warned that the federal government was eroding God-given rights. “Anything less than unanimous agreement will be extremely disappointing,” he said to the Commission.

As the hours wore on the arguments grew louder and while not disorderly became less disciplined and more wide-ranging.

Proponent Beth Sherman used her time at the speaker’s lectern to launch a full-scale attack on vaccinations, anti-COVID measures and the local health system.

Beth Sherman

“We are living in a time of deceit and tyranny,” she said. “NCH [Naples Community Hospital] should not be allowed to provide medical data or advice to this community. They have been suppressing life-saving COVID treatments like hydroxychloroquine and ivermectin.” She accused Solis of supporting mandatory vaccinations, which he vehemently denied.

“There are people in this room being called insurrectionists,” she said. “Let me tell you that there is plenty of evidence that the FBI planned that as a false flag and it will come out because the truth always comes out.”

Lastly she warned the commissioners: “If you vote ‘no’ today, we the people kindly ask that you resign so that a true leader can fill your seat.”

The opponents

Jane Schlechtweg (left) and Chris Chase (right), members of the Democratic Women’s Club of Marco Island, and opponents of the ordinance. (Photo: author)

Unlike the June 22 meeting when no opponents appeared, this time there was strong turnout by people opposed to the ordinance and opponents may have constituted a majority of the speakers.

Janet Hoffman, head of the Collier County League of Women Voters, spoke for the non-partisan organization when she announced that “We don’t support this ordinance. It suggests that Collier County officials pick and choose the laws they want to follow.”

While many residents spoke out against the ordinance, those who spoke most knowledgably were retired lawyers, some with experience in local affairs.

George Dondanville, an attorney with considerable government experience said, “I’ve never heard of anything like this ordinance. How am I going to do what I’m supposed to do under this ordinance?”

While proponents viewed objections as mere stumbling blocks to passage of the ordinance, Dondanville pointed out that “our stumbling block is our form of government. Our courts make those decisions. Your own attorney sitting over there says that this thing flies in the face of the Constitution. You can pass it if you want but you’re going to get into serious financial problems. Those aren’t scare tactics at all. Please don’t pass this.”

Retired attorney Robert Leher said: “The definition of an unlawful act in this ordinance has no ascertainable standard for what is unlawful” and he had “never seen a statute that was more poorly drafted.” He also warned that passing the ordinance would result in a drop in tourism and visitation because “people don’t want to come to a battlezone.”

“This is wrong in so many ways,” he concluded.

David Goldstein, a retired attorney who served the American Civil Liberties Union (ACLU) in Collier County, warned that “nothing empowers a county with the power to supersede federal law.”

David Millstein, a retired civil rights attorney who also taught civil rights law and served as former head of the Collier County ACLU, said he tried to put himself in the shoes of the county attorney trying to defend and implement it.

“This is an ordinance proposed by someone who doesn’t know constitutional law,” he said. “You can’t make an ordinance saying you’re not going to follow federal law. Why not make this an income tax sanctuary ordinance? It is so unconstitutional in so many ways I would say, ‘Let’s go out and have a beer and forget about this.’”

Speech before the Commission as delivered by the author:

“I am here today to urge you to reject this absurd, unconstitutional and completely unnecessary ordinance. This is frankly ridiculous on its face. There is simply no need for a separate Collier County sanctuary for the Bill of Rights because the United States of America is a sanctuary for the Bill of Rights. Our law is uniform, it is superseding and it is upheld.

This ordinance, this proposed ordinance, has so many problems between the principle and the practical that it is as full of holes as a piece of Swiss cheese. I mean, there are logic loops, you’re going to challenge federal law in what court after you’ve denied federal jurisdiction? There are so many things that simply don’t make sense.

In addition, talking very pragmatically, your lawyer has talked about the fact that this would open you all up to liability. I believe it opens up our sheriff and sheriff’s deputies also to liability. If they try to assert federal law they are liable to be sued.

There are all sorts of questions about federal investigations that might be going on in this county that might be disrupted or hindered.

There is also, you know, when have an Irma, or an Elsa or a Wilma hurricane, if we remove ourselves from federal law we’re not going to get the assistance and the support and the help that we need from the Federal Emergency Management Agency and this can run into many millions of dollars, as you all well know.

You cannot take yourself out of the jurisdiction of federal law.

Now, I like everyone else, am very concerned about the Constitution and upholding the Bill of Rights. I mean, we’ve had an insurrection.

(Laughter and catcalls from proponents, gaveled into order by Commissioner Taylor.)

There is a need to support the Constitution. This is easily done in this county.

Now, on all your desks you have a draft text of a resolution that reaffirms Collier County’s allegiance to the Constitution and the Bill of Rights. I urge you to pass that resolution. It is something you can do, it is something in your jurisdiction and it is something that I think every resident of Collier County can support.

This, I think, will address everybody’s problems and concerns with possible violations of the Bill of Rights. We can do that here.

The United States of America has faced rebellion, nullification, secession, sedition and insurrection and it has defeated them all.

Collier County does not need to join this sad parade of bad ideas, failed notions and absurd plots and make itself not only a laughingstock of the country but to take itself out of the rule of law, which is what this ordinance is proposing to do.

So in summation: defeat this ordinance—this should be rejected and I will hope that it will be rejected unanimously—and I urge you to pass a resolution reaffirming our allegiance to the Constitution and the Bill of Rights.

Thank you.

In the end, the Commission voted down the ordinance.

Solis said he was concerned about the role of the state’s attorney in making constitutional decisions when enforcing the ordinance. Taylor criticized the ordinance’s penalties, its unnecessariness, and the conflict it set up between supporting the ordinance or supporting the Constitution: “It’s almost like a trap,” she said. Saunders said that the solution to the concerns expressed by proponents was at the ballot box.

Both LoCastro and McDaniels argued that principle should prevail over any possible unintended consequences.

After the ordinance was defeated Taylor introduced the resolution reaffirming the county’s allegiance to the Constitution and the Bill of Rights and it passed unanimously.

To the ballot box

The hearing in progress. (Photo: author)

As Winston Churchill said after the Al Alamein victory in World War II: “Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning.”

So it was with this ordinance, which was like a spasm of Trumpism in its death throes.

It was clear from the proponents’ remarks that among them there is real “concern, anxiety, fear and anger,” as DiPaolo put it. Persistent fears mentioned by proponents were the possibility of mandatory vaccinations and that the Capitol Police were coming to Florida to hunt down people who had participated in what many regarded as a non-existent insurrection.

So much of their concern, anxiety, fear and anger was generated by an exaggerated hatred and suspicion of the US federal government fed by extremist media. Instead of seeing anti-COVID measures as common-sense, science-driven anti-disease precautions taken for the community’s good, the proponents viewed them as deliberately oppressive infringements on their personal lives and liberty. They clearly feel genuinely threatened by unfamiliar restrictions. What is more, several proponents characterized even the Commission’s authority to pass legislation as “tyrannical.”

But many of the proponents displayed a tyrannical streak of their own, threatening and bullying commissioners and insisting that a failure to vote their way result in resignation or disgrace.

The ordinance was an outgrowth of these concerns, anxieties, fears and anger as well as an insistent demand for obedience to the proponents’ will, all of it rendered into legalese. It was never viable as a law and would have been defeated in court after enormous delay, disruption and expense. It had the potential to seriously damage Collier County government and the county itself. And it could have harmed all of Florida and the nation had it spread.

The proponents are no doubt licking their wounds but the passion and paranoia that drove the ordinance remain, sustained by demagoguery and disinformation. Although one hopes that feelings will die down with time and the easing of the pandemic, the core activists will no doubt seek new outlets.

If the proponents stay within the law the next battle will be at the ballot box in 2022. The votes of the commissioners will no doubt be an issue in their election campaigns. The next election will see whether thoughtful people are in the majority in evaluating their records and accomplishments.

A major disappointment in all of this was the position of Sheriff Kevin Rambosk. A highly effective law enforcement leader, a respected professional and cutting edge technologist with experience as a city manager, his endorsement of an extreme ordinance of dubious enforceability calls his judgment into question. It also calls into question the ability of his office and officers to enforce the law impartially and apolitically. It creates a sad kernel of doubt about an otherwise unblemished and polished force. Like the ordinance itself, this was entirely unnecessary.

Although the struggle over rights and allegiances is not over, one can only hope that it plays itself out within the confines of the law and the institutions established by the Constitution and the Bill of Rights to constructively channel such disagreements. As the nation goes on, so will the debate.

In 1787, after the Constitutional Convention completed its work, Benjamin Franklin told Americans that they had “a republic, if you can keep it.”

On Tuesday, July 13, 2021, Collier County chose to keep it.

Liberty lives in light

© 2021 by David Silverberg

Sanctuary in America: Haven or insurrection by other means?

An in-depth look at dueling definitions of ‘sanctuary’ in America and Southwest Florida and what they mean for the future

The Statue of Liberty in New York, the first sight for generations of immigrants seeking sanctuary in the United States. (Photo: Wikimedia)

July 7, 2021 by David Silverberg

Today the term “sanctuary” has taken on new meaning and is serving as a new cause of political controversy and contention.

This conflict is coming to a head in Southwest Florida—specifically in both Naples and Collier County—as movements to create sanctuary jurisdictions based on political criteria roil an otherwise placid region best known for its sunshine and beaches.

To understand the current conflict, it helps to go back into history and survey the evolution of the concept of sanctuary.

What are the origins of that concept? In the American political context, what were the sanctuaries of the past? What are the new concepts and how do they differ from previous concepts?

In a local context, how are these clashing concepts playing out in the American state of Florida—and especially in Southwest Florida?

And lastly, where is this heading and how is it likely to resolve itself?

Origins

In 1471 English King Edward IV is denied access to Lancastrian fugitives who have taken sanctuary in Tewkesbury Abbey. (Painting: Richard Burchett)

The notion of a place of sanctuary is very ancient.

The ancient Greeks and Romans revered groves and temples where people could find refuge from the forces that threatened them. In ancient Rome even slaves could find sanctuary at statues of gods and owners who otherwise possessed them would respect the site.

But it was in the Middle Ages that what is commonly thought of today as sanctuary made its appearance. By the thirteenth century a person could take refuge from secular authorities or a mob in a church. The refugee was allowed 40 days of safety during which time he had to be fed and protected; meanwhile, the interlude afforded time for negotiations, clemency, confession or proof of innocence. If none of those things took place, the refugee left the church, forfeited his goods and went into exile—but stayed alive.

Perhaps the most famous illustration of a medieval appeal for church sanctuary occurs in the novel (and movies) of The Hunchback of Notre Dame when the hunchback Quasimodo rescues the gypsy girl Esmeralda from hanging and, crying “sanctuary!” takes her into the cathedral for protection.

There have been other acts of sanctuary since then: French Huguenots were given refuge in England in 1681 in what may have been the first instance of a state offering sanctuary to another’s nationals. Today the concept of asylum has taken the place of the religious concept and been formalized between countries.

But in the United States the concept of sanctuary took different forms than in Europe—and for very different reasons.

The American context

In 2017 New Yorkers protest President Donald Trump’s ending the Deferred Action for Childhood Arrivals (DACA) program. (Photo: Wikimedia)

From the day in 1620 that the Pilgrims set foot on Plymouth Rock, the continent of America became a sanctuary for people fleeing religious persecution.

After the American revolution, President George Washington best expressed the American sense of tolerance and sanctuary in an August 17, 1790 letter to the Jewish congregation at Newport, Rhode Island, in which he said: “All possess alike liberty of conscience and immunities of citizenship. It is now no more that toleration is spoken of, as if it was by the indulgence of one class of people, that another enjoyed the exercise of their inherent natural rights. For happily the Government of the United States, which gives to bigotry no sanction, to persecution no assistance requires only that they who live under its protection should demean themselves as good citizens, in giving it on all occasions their effectual support.”

The concept of sanctuary was deeply woven into the social fabric of the United States. It was next tested by the greatest moral challenge of the 19th century: slavery.

Beginning in the late 1700s anti-slavery activists using a variety of routes became known as the Underground Railroad, providing escaping slaves assistance and sanctuary on their way to ultimate sanctuary in non-slavery locations, chiefly Canada.

In the 20th century there were waves of dissent that gave rise to sanctuaries. In the 1960s dissident churches gave sanctuary to civil rights activists and Vietnam War draft resisters. Many Vietnam war resisters and those giving them sanctuary were arrested.

In the 1980s during the administration of President Ronald Reagan, Cold War conflicts in Latin America led to a rise in political refugees fleeing to the United States from countries like Nicargua, where the US was supporting a “Contra” movement against the communist government and El Salvador where the US was advising a repressive government.

“Sanctuary widened from the idea of a church to sanctuary communities who confronted immigration policies and intolerance as manifested in immigration policies,” writes Rhonda Shapiro-Rieser in the 2017 paper The Sanctuary Movement: A Brief History. “These actions included legal help and provision of shelter in private homes and other settings. They provided shelter in churches and homes, and created a modern Underground Railroad for refugees.”

As with the Vietnam War sanctuary movement, periodically the federal government would crack down on the sanctuaries and their refugees. Federal authorities arrested refugees and the Immigration and Naturalization Service deported them.

In the 21st century the 2016 election of President Donald Trump gave rise to immediate fears of deportation of “Dreamers;” undocumented US residents who had come to the country as children and been protected by the Deferred Action for Childhood Arrivals (DACA) program. During his campaign Trump said he would abolish DACA and deport the nearly 700,000 people, many of whom had known no other home.

Within days of Trump’s Nov. 3, 2016 election, his brutalist and threatening anti-immigrant and racist rhetoric led to a wave of “sanctuary campuses” at American colleges to protest his approach and provide refuge to migrants and Dreamers. From campuses the concept spread to cities.

The location of migrant sanctuary cities as of March 2021 according to the Center for Immigration Studies, a think tank advocating restricted immigration. (Map: CIS)

The “sanctuary city” of the Trump era was one that refused to cooperate with federal deportation efforts. When a migrant was arrested, officials of the Immigration and Customs Enforcement (ICE) directorate of the Department of Homeland Security (DHS) would issue a “detainer” requesting a 48 hour delay before the person was released so that his or her immigration status could be checked. If the detainee was found to be undocumented, the person would be subject to deportation. In “sanctuary cities,” officials refused to honor detainers.

The sanctuary city movement was based on the conviction that Trump administration policies were rooted in prejudice and persecution and therefore unjust. It took hold mainly in the Pacific northwest, the Atlantic northeast, California, the upper Midwest and in Colorado.

Although there were no declared sanctuary cities in Florida, on June 14, 2019, Gov. Ron DeSantis signed a law outlawing sanctuary cities for migrants in the state.

Backlash

Gun owners demonstrate against restrictions outside the Virginia state Capitol in Richmond on Jan. 20, 2020. (Photo: Wikimedia)

Taking a leaf from the immigration sanctuary cities movement, conservative groups began using the “sanctuary” label for causes they regarded as threatened by the federal government.

To date, these causes have been protecting gun ownership, prohibiting abortion and nullifying federal laws.

“The push to impose ‘sanctuary’ and similar legislation is not the result of an organic, grassroots movement but rather a well-funded campaign marketed by the gun lobby and supported by antigovernment extremist groups such as Gun Owners of America, Oath Keepers and the Constitutional Sheriffs and Peace Officers Association (CSPOA),” according to the Southern Poverty Law Center.

Gun sanctuaries

On Dec. 14, 2012, 20-year-old Adam Lanza shot and killed 20 six and seven-year old children, six adult staff and himself at Sandy Hook Elementary School in Newton, Conn. It was perhaps the most traumatic mass shooting in American history.

The shooting resulted in a wave of revulsion across the country and renewed calls for gun controls, some of which resulted in the passage of new laws governing gun ownership. This in turn led to a counter-effort.

On May 22, 2013, in response to the state of Maryland passing the Maryland State Firearms Act (MFSA) restricting the sale of different types of firearms, requiring their registration and limiting the size of magazines, the Carroll County Board of Commissioners adopted a resolution calling the county a “Second Amendment Sanctuary County.”

The Carroll County resolution announced that the county would not “authorize or appropriate government funds, resources, employees, agencies, contractors, buildings, detention centers or offices for the purpose of enforcing any element of the MFSA that infringes on the right of people to keep and bear arms… .”

While Maryland’s Harford and Cecil counties also passed such resolutions, this was the first time the word “sanctuary” was used in such an official measure, according to one account. According to another, in 2018 it was Monroe County, Illinois that was the first to use “sanctuary.”

Since then, similar resolutions have been passed by states, counties and municipalities across the country. There was another wave of resolutions following the Parkland, Fla., high school massacre of Feb. 14, 2018. As of July 2021, about 1,200 local governments in 42 states had adopted such resolutions.

In Southwest Florida, Collier County passed a resolution declaring it would not “assist, support or condone” any infringement of the Second Amendment on Feb. 26, 2013 but did not use the word “sanctuary.” Lee County passed a resolution on March 25, 2013, DeSoto County declared itself a gun “haven” on Jan. 21, 2020, and Charlotte County declared itself a gun sanctuary county on May 11, 2021.

Second Amendment sanctuary states and counties as of 2021. Statewide sanctuaries are in blue, county sanctuaries are in green, both county and state sanctuaries are in purple. (Map. Wikimedia)

Anti-abortion sanctuaries

On June 22, 2019 anti-abortion activist and preacher Mark Lee Dickson convinced the town council of Waskom, Texas, population 2,189, to pass an ordinance creating a “sanctuary city for the unborn.”

(For a fuller account of Dickson, the anti-abortion sanctuary movement and Naples, Fla., see: “‘Sanctuary city for the unborn’ movement threatens Naples, Fla., economic recovery.”)

Since Waskom, 32 towns and cities have voted in anti-abortion ordinances, according to the Sanctuary Cities for the Unborn website.

Of these, 29 are in Texas, of which the largest is Lubbock, population 278,831; two are in Nebraska (tiny Hayes Center, population 288 and Blue Hill, population 941); and one is in Ohio (Lebanon, population 20,529). Eight Texas cities are counted as “denying” an ordinance and the movement calls the state capital of Austin a “city of death” for its adamant opposition. The movement is aiming at 39 potential new sanctuary cities in Texas and one in Florida—Naples.

The movement continues its efforts, proclaiming that it is “Protecting our cities by outlawing abortion, one city at a time.”

Anti-federal sanctuaries

With the debate over pandemic masking and other health measures in 2020 and in the wake of President Donald Trump’s defeat and the failure of the Jan. 6, 2021 insurrection, there was a new wave of “bill of rights sanctuary” efforts—essentially anti-federal sanctuaries—primarily in the southern United States.

These had their genesis in the gun sanctuary movement but went even further, back to the Posse Comitatus movement that began in the late 1960s. That movement held that local sheriffs were the highest ranking law enforcement officers in any county and no higher legal authority should be recognized. That, in turn, gave rise to a Constitutional Sheriffs and Peace Officers Association founded in 2011 to get local sheriffs to uphold the Second Amendment by refusing to enforce any state or federal restrictions on gun ownership.

The premise of these ordinances is that the federal government, having fallen into hostile hands, is now going to try to violate rights enumerated in the Bill of Rights—mainly the Second Amendment. Under these ordinances, localities, primarily at the county level, refuse to cooperate with any federal actions they regard as unlawful.

Who would determine that the Bill of Rights was being violated, what exactly constitutes a violation and how it will be remedied is unclear.

By specifically calling on states and counties to “nullify” federal actions the movement harkens back to the pre-Civil War debate over “nullification,” when South Carolina politicians argued that they had the right to nullify federal laws with which they disagreed. In 1830 that idea was crushed by Sen. Daniel Webster of Massachusetts in the Senate (who concluded with the memorable line: “Liberty and union, now and forever, one and indivisible!”) and President Andrew Jackson, a southerner, who notably declared in a dinner toast: “Our federal union! It must be preserved!”

The current movement has a number of drivers. Organizations include Gun Owners of America, a non-profit lobby founded in 1976, which “sees firearms ownership as a freedom issue.” Another is Oath Keepers, the extremist organization of current and former military and law enforcement personnel whose members participated in the Jan. 6 insurrection and are being prosecuted.

KrisAnne Hall (C-SPAN)

An activist and nullification evangelist based in northern Florida is KrisAnne Hall, who characterizes herself as a “constitutionalist.” She has associated with far right and white nationalist groups, providing legal justifications for extremist anti-government beliefs. In YouTube videos and speaking engagements Hall preaches a pre-Civil War interpretation of constitutional relations and actively promotes nullification.

Addressing people who would pass nullification ordinances, in an April 21, 2021 video Hall stated: “If [your] law does not state that ‘we will not enforce this law’ and ‘we will not allow the federal government to enforce these laws here;’ if your law does not contain that language, it is useless!” she argued.

“We’ve got states out there that are trying to walk the fence, trying to placate you with their ‘Second Amendment sanctuaries’ and they’re going to turn around and say, ‘OK, we’re not going to enforce these laws but the [Bureau of Alcohol, Tobacco, Firearms and Explosives] can come in and do it, the [Federal Bureau of Investigation] can come in and do it, DHS can come in and do it, whatever, the [Internal Revenue Service] can come in and do it. That’s not sanctuary, people, that’s setup. That’s enticement, that is entrapment, that is wrong.

“And so if your law does not include some kind of restriction and penalty for the federal government exercising those laws in your state, it is not a good law,” she insisted.

Hall came to Southwest Florida on April 24, 2021 to address the Republican Club of South Collier County, where she shared a stage with Dan Cook, a Naples-based far right activist, and Alfie Oakes, the grocer and owner of Seed to Table.

A nullification “Bill of Rights sanctuary” ordinance was put on the agenda of the Collier County Commission on June 22. It is due to be considered next Tuesday, July 13.

Analysis: Insurrection by other means

The anti-federal, anti-abortion sanctuary movement has remained largely under the media radar, spreading in rural areas among small towns that rarely get national attention. To most Americans it no doubt seems fringe, odd and often absurd, so it has long been ignored.

But it bears attention because it is an effort to subvert and, indeed, overthrow the authority of the federal government and replace it with—what? Its advocates want to treat the nation’s laws, Constitution and Bill of Rights like a buffet whose offerings they can pick and choose or ignore if they wish. But law doesn’t work that way and the only alternative seems armed anarchy.

The anti-federal sanctuarists (and you read that word correctly, for the first time here) can make the argument that the left (or in the usual formulation, the radical Democratic left) started the sanctuary movement first.

They have a point. But there are important differences between what we’ll call “social” sanctuaries and “nullifying” sanctuaries.

In the American political definition, no matter who asserts it, “sanctuary” is an effort to carve out an exemption or exception from federal law—which should be uniformly applied and enforced across the country.

The social sanctuaries—the Underground Railroad, Vietnam resistance, Central American refuges, DACA and migrant sanctuaries—were all illegal and were acknowledged as such. They were acts of civil disobedience in which the participants were aware they were breaking the law and could face the penalties. They did it nonetheless because they felt they were serving a higher moral cause.

The nullifying sanctuaries—the anti-abortion and anti-federal sanctuary movements—are attempts to cancel federal law, the Constitution and Bill of Rights through creation of what is essentially a counter-government where federal law does not apply.

When it comes to local governments the big difference between the anti-abortion and anti-federal sanctuary movements and their gun sanctuary predecessor is that they are trying to impose ordinances on their jurisdictions—rules with the force of law and penalties for violations. Previously, towns and counties passed resolutions, which expressed an opinion or sentiment and did not carry penalties.

By denying the jurisdiction of federal law, the nullifying sanctuary movements are actually practicing insurrection by other means.

By passing these ordinances, states, counties and municipalities are starting down a slippery slope whose logical end is the creation of a separate polity subject to its own laws and sovereignty. This is also known as insurrection, rebellion or secession. The ordinances may pay lip service to the Bill of Rights but in fact they are rejecting the United States Constitution with its Bill of Rights, all the other amendments and protections of the rule of law.

Americans have fought and died to prevent that kind of insurrection. Just because this movement is legalistic and non-violent doesn’t make it any less dangerous to the cohesion and indivisibility of the United States.

The battlefield for America’s future has moved from the walls of the Capitol building to the small towns and rural counties of its heartland but the stakes are no less high.

America has been here before. It has faced and overcome rebellion, nullification, secession and most recently insurrection. It now needs to overcome the threats to the Constitution and the Bill of Rights cloaked in the language and the trappings of sanctuary. The choice is between constitutional democracy and anarchy.

Anyone looking for a sanctuary for freedom and the rights of the individual need look no further than the United States itself and its Constitution. It’s the greatest sanctuary in history.

Now it’s up to every truly patriotic American citizen to ensure that it remains that way.


The Collier County Commission’s next meeting is scheduled for Tuesday, July 13 at 9:00 am. Public petition speakers are limited to ten minutes and general address speakers to 3 minutes. The Commission Chambers and Commissioners’ offices are located on the third floor of the Administration Building at 3299 Tamiami Trail East, Suite 303, Naples, Fla.

Meetings are also aired live on Collier Television CTV and are available online via Video On Demand.

To reach commissioners:

Rick LoCastro

Andy Solis

Burt Saunders

Penny Taylor
Chair

William L. McDaniel, Jr.


To read more about past sanctuary movements:

What’s the history of sanctuary spaces and why do they matter? by Elizabeth Allen

The sanctuary movement: A brief history by Rhonda Shapiro-Rieser

Talk on the logic of sanctuary, given at Duke University by Elizabeth Bruening

How Trump’s war on sanctuary cities affected immigrants by Felipe de la Hoz

Liberty lives in light

© 2021 by David Silverberg

Banyai formally launches campaign, Donalds rejects infrastucture improvement: the SWFL state of play today

July 2, 2021 by David Silverberg

As Hurricane Elsa churns her way across the Atlantic Ocean, storms of a different kind are brewing in Southwest Florida.

Cindy Banyai (Photo: Banyai for Congress Campaign)

Even though the 2022 election is a year and a half away the wind is picking up as Cindy Banyai, last year’s Democratic candidate for the 19th Congressional District, formally launches her campaign against Rep. Byron Donalds (R-19-Fla.).

Banyai is launching the campaign over the first 12 days of July with a variety of events.

Upcoming events to date are:

First endorsement

On June 21st Banyai announced the first endorsement of the campaign when she was endorsed by No Dem Left Behind, a Democratic organization that says it “has learned from experience that the most conservative districts in the country have Democratic candidates popular enough to beat a Republican opponent.”

The No Dem Left Behind logo.

The organization stated it was endorsing Banyai because she “is ready to roll up her sleeves and get to work, to be the voice in Washington D.C. for the people of her community.”

“This latest endorsement is a big step towards helping us change the narrative in Florida,” stated Banyai.

Donalds marks six months in office

July 3rd marks six months that Rep. Byron Donalds (R-19-Fla.) has been in office.

In his most recent vote, Donalds voted against the Investing in a New Vision for the Environment and Surface Transportation (INVEST) in America Act (House Resolution (HR) 3684), which provides $550 billion for infrastructure and transportation improvements.

The bill passed the House yesterday, July 1, by a vote of 221 to 201.

In addition to Donalds, Southwest Florida’s other representatives, Reps. Mario Diaz-Balart (R-25-Fla.) and Greg Steube (R-17-Fla.) voted against the bill.

Surfside collapse

In addition to voting against improving America’s infrastructure, Donalds took the time to attack Energy Secretary Jennifer Granholm for daring to suggest that climate change might have had a role in the collapse of part of the Champlain Towers South in Surfside, Florida.

“I was appalled by [Jennifer Granholm’s] recent comments blaming sea level rise & climate change for the tragedy that has struck Surfside, FL. Stop using this disaster to fuel your political agenda,” he tweeted.

What was the terrible thing Granholm said?

Energy Secretary Jennifer Granholm

“We know that the seas are rising,” she said in an interview on CNN. “We know that we’re losing inches and inches of beach, it’s not just in Florida but all around. This is a phenomena that will continue. We’ll have to wait and see what the analysis is for this building but the issue about resiliency and making sure we adapt to this changing climate, that’s going to mean levees are going to have to be built, that means that sea walls need to be built, infrastructure needs to be built.”

Donalds was not unique in his ostentatious outrage over these comments. Conservative media are piling on—this in the wake of the condo collapse, the unprecedented heat dome over much of the country and the approach of Hurricane Elsa in the Atlantic.

It’s worth noting that while Donalds sent “thoughts and prayers” to the victims in Surfside, he voted against improving American infrastructure for the future.

Unfilled numbers

On June 24th, Donalds and Sen. Rick Scott (R-Fla.) introduced the Unnecessary Agency Regulations Reduction Act (HR 4132) “to consolidate or repeal unnecessary agency major rules, and for other purposes.”

However, in what has been a pattern, Donalds did not submit any text for the bill, just a name and number.

This means that the real work of legislation has not been done and there is no content, no thought and no substance to it. Nonetheless, Donalds was able to boast of a name and number in a press release.

A happy July 4th to all.

Liberty lives in light

© 2021 by David Silverberg

A license for lawlessness: Collier County, Florida’s proposed “sanctuary ordinance” and a better way forward

The Collier County Commission considers a “Bill of Rights sanctuary” ordinance at its June 22 meeting. (Image: NBC2 News)

June 27, 2021 by David Silverberg

A proposed ordinance to create a “sanctuary county for the Bill of Rights” in Collier County, Florida, is clearly unconstitutional, illegal and—rather than protecting the Bill of Rights—would erode the county’s rule of law and equal administration of justice.

Such an ordinance will be considered by the Collier County Commission at its next meeting on Tuesday, July 13.

On a practical level, the ordinance would encourage lawbreaking with impunity, invite immediate and costly litigation for the county and make Collier County and Southwest Florida a laughingstock in the nation. It would harm tourism and the local hospitality industry as people take their vacation dollars away from a region embroiled in an emotional and unnecessary controversy.

So what is this ordinance? What is its state of play? How did it come to be proposed?

If passed, what are the implications for the county, state and country?

Lastly, is there a better alternative?

This article will address all these questions, draw conclusions and recommend a better course.

The proposal

(A copy of the full ordinance for download is available at the end of this article.)

The five-page proposed ordinance was put on the County Commission agenda at a meeting on Tuesday, June 22.

In broad summary the proposal creates a “sanctuary county” that exempts Collier County and its residents from federal laws and regulations that they may feel violate the Bill of Rights.

Collier County residents are given standing to sue officials attempting to enforce those federal laws and regulations.

In its establishing clauses (the “whereas” paragraphs), the ordinance argues that since the county commissioners are concerned that the federal government is encroaching on citizen rights, “Any federal act, law, order, rule, or regulation” that seems to violate the Bill of Rights “is invalid in Collier County and shall not be recognized by Collier County, and shall be considered null, void and of no effect in Collier County, Florida.”

County officials attempting to enforce federal laws will be subject to lawsuits by citizens. Further, county resources are not allowed to be used to enforce “unlawful” acts.

The ordinance was publicly proposed by Commissioner and Vice-Chairman Bill McDaniel, who represents County District 5, which includes Golden Gate, Immokalee and Everglades City.

The bill was effectively snuck onto the County Commission agenda with little to no advance general publicity but considerable lobbying that saw Rep. Byron Donalds (R-19-Fla.), a surrogate from state Rep. Bob Rommel (R-106-North Naples to Marco Island), and Collier County Sheriff Kevin Rambosk all endorsing the proposal. At the meeting 25 supporters spoke in favor of it, without any dissenting voices.

According to a June 23 Naples Daily News account of the meeting, McDaniel told the Commission: “This isn’t a political issue, this isn’t a party issue, this is an American issue. It’s something I think we can do just as an additional step to offer assurances to our community. We are going to support their God-given rights.”

Saunders and Solis raised some questions: How would the county determine that a federal law violated the Bill of Rights? Who would make the determination?

The county attorney, Jeffrey Klatzow, raised similar concerns: “We’re shoehorning a political message here into an ordinance, is what we’re doing. It’s probably more appropriately a resolution, but if the board of County Commissioners wishes to enact it, that’s your prerogative.”

With commissioners expressing doubts about the ordinance, a vote was taken whether to proceed with advertising it prior to voting on the measure itself at the next meeting. Commissioners Rick LoCastro (District 1), Burt Saunders (District 3) and McDaniel voted to proceed while Andy Solis (District 2) and Chair Penny Taylor (District 4) were opposed.

It will now be advertised and considered at the next Commission meeting on July 13.

Analysis: The implications

The proposed ordinance proceeds from a flawed premise: That the federal government is an encroaching, alien interloper on people’s “God-given” rights.

That is simply wrong. The federal government is an expression and a product of the people of the United States. It is, as Abraham Lincoln said, “government of the people, by the people, for the people.”

The Constitution, the Bill of Rights and all the amendments are the law of the land, administered by the federal government. While a vote or an election or a decision may not go the way some people would prefer, the rule of the United States Constitution is still supreme. It can’t simply be negated by a town, county or state.

America has had this battle before. In the very beginning of the republic western Pennsylvania farmers rebelled against a lawfully enacted federal whiskey tax. President George Washington personally led an army to put it down, becoming the last president to command a force in the field. In 1830 Sen. Daniel Webster of Massachusetts responded to a southern effort to “nullify” federal laws in a famous speech directed to Sen. Robert Hayne of South Carolina in which he crushed the notion of “nullification” (the same term used in the Collier County ordinance).

And, of course, in 1860 southern states refused to recognize the lawful, properly conducted election of Abraham Lincoln and attempted to secede from the union. That argument was resolved by a civil war.

In every Supreme Court decision since, the superseding authority of the federal government has been upheld.

As small and obscure as Collier County may be, its proposed ordinance is very much in the spirit of past efforts at nullification, secession, rebellion and insurrection. It is an attempt to carve out an extrajudicial, rule-free zone exempt from federal law and the Constitution. If passed in Collier County it could spread like a virus to other towns and jurisdictions in Florida and elsewhere.

The questions of commissioners Saunders and Solis are very pertinent: Under this ordinance who would determine that the Bill of Rights is being violated? How would the determination be made? What constitutes a violation? The ordinance doesn’t say—and it probably never could.

In fact, this ordinance is essentially a license for lawlessness. It would make Collier County an area of anarchy where anyone could simply declare that the Bill of Rights is being violated and federal law should be ignored any time they wanted. It would bypass the courts whose entire purpose is to interpret and enforce the nation’s laws and uphold the Bill of Rights.

What would be the result? To use a purely hypothetical example, say that a Collier County grocer and market owner decided he didn’t want to comply with federal public health mandates, or worker safety rules, or immigration enforcement regulations, or minimum wage requirements, or child labor prohibitions, or civil rights laws, or anti-discrimination measures, or pay employees’ Social Security taxes, or pay his own taxes, or comply with any other legally enacted federal act, law, order, rule or regulation. He would simply declare that his rights under the Bill of Rights were being violated so the measures wouldn’t apply and the county couldn’t enforce them. What is more—and perhaps even more insidious—is that he would have the standing to sue any duly authorized official or officer who tried to properly enforce the law. (That would include the county sheriff and his deputies.)

In fact, from a legal and principled standpoint this proposed ordinance is absurd, ridiculous and nonsensical. It seems like the fevered delusion of someone with poor impulse control, covered with a veneer of legalese.

Practical problems

Passage of this ordinance would have immediate and devastating practical consequences for Collier County.

  • It would be immediately challenged in court, saddling the County with the costs of having to defend it. One of the plaintiffs might be the federal government itself.
  • It would put Collier County outside the jurisdiction of the United States and disrupt the orderly administration of the law.
  • It would cripple federal law enforcement in Collier County, disrupting any investigations by the Federal Bureau of Investigation or prosecutions of federal crimes.
  • Over time it would impede law enforcement at all levels as increasing numbers of residents and business owners would likely try to put themselves beyond the law.
  • It would weaken the authority of all laws, rules and regulations whether county, state or national
  • It would put Collier County in a negative national spotlight, damaging its reputation as an open and welcoming place for businesses and new residents.
  • It would depress real estate values and disrupt the real estate market because federal rules governing the orderly functioning of the market would be nullified and there would be nothing to take their place.
  • It would hurt Collier County’s tourism and hospitality business as American and foreign visitors shunned a place that has declared itself outside the jurisdiction of federal law.
  • It would create division and dissension, controversy and conflict at a time when the county leadership and residents need to pull together to overcome the lingering effects of the COVID pandemic.

Lastly, an observer has to wonder what conceivable benefit this ordinance brings to the constituents of Golden Gate, Immokalee and Everglades City in Commissioner Bill McDaniel’s 5th District.

This proposed ordinance should be defeated.

A better way forward

It is undeniable that all Americans right now are worried about the future of the country, the preservation of democracy and the stability of government. Fears for the preservation of the rights in the Bill of Rights are credible in light of an insurrection that attempted the overthrow of the government, the attempted decertification of a properly conducted election and increasing restrictions on voting.

It is commendable that residents of Collier County and county commissioners want to uphold the Bill of Rights and the Constitution.

In contrast to the poorly conceived proposed ordinance there is a perfectly legal and proper way to express their patriotism. That is to simply pass a resolution reaffirming Collier County’s loyalty and allegiance to the Constitution, the Bill of Rights and the United States of America.

Such a resolution could take the following form:

WHEREAS the Constitution of the United States of America is the law of the land and;

WHEREAS Collier County Florida is part of the United States of America and;

WHEREAS Collier County Florida is committed to equal justice under law and;

WHEREAS Collier County Florida supports, upholds and adheres to the Constitution of the United States of America, the Bill of Rights and the laws of the United States;

NOW THEREFORE BE IT RESOLVED that the County Commission of Collier County, Florida reaffirms its loyalty, its patriotism and its allegiance to the United States Constitution, its Bill of Rights, its Amendments and the duly constituted laws, acts, orders, rules, and regulations of the United States of America and that these have force in Collier County as they do in the rest of the United States, now and in perpetuity.

It is hard to see how Collier County citizens could object to such a resolution. It restates bedrock principles, it maintains good order and discipline among the citizenry, it reassures those who fear for their rights and it is well within the legal authority of the County Commission to approve.

Out of this controversy, if it is willing, by passing this resolution, Collier County can make a positive contribution to its citizens, the state of Florida and the country as a whole.


The County Commission’s next meeting is scheduled for Tuesday, July 13 at 9:00 am. Public petition speakers are limited to ten minutes and general address speakers to 3 minutes. The Commission Chambers and Commissioners’ offices are located on the third floor of the Administration Building at 3299 Tamiami Trail East, Suite 303, Naples, Fla.

Meetings are also aired live on Collier Television CTV and are available online via Video On Demand.

To reach commissioners:

Rick LoCastro

Andy Solis

Burt Saunders

Penny Taylor
Chair

William L. McDaniel, Jr.

The full text of the proposed ordinance:

To come: An examination of sanctuary movements past and present

Liberty lives in light

© 2021 by David Silverberg

The Donalds Dossier: PACs and the race for re-election

Part 2: A deep dive into the PACs behind Rep. Byron Donalds

Rep. Byron Donalds speaks while Rep. Steve Scalise looks on. (Photo: Office of Rep. Donalds)

June 23, 2021 by David Silverberg

“The PACs didn’t get me elected,” Rep. Byron Donalds (R-19-Fla.) said during a March 30 interview at Alfie Oakes’ Seed to Table market.

That statement is not true; political action committees (PACs) were very heavily involved in getting Donalds elected in 2020, as demonstrated in Part 1 of this deep dive into Donalds’ PAC support. Ideological super PACs played an especially big role in his 2020 primary victory.

What is more, they and other PACs are already making contributions to his 2022 re-election campaign—and by so doing shaping the nature of the midterm election as conducted in Southwest Florida’s 19th Congressional District, the coastal area from Cape Coral to Marco Island.

Some of Donalds’ 2022 PAC contributors were contributors in 2020. Their contributions bear scrutiny because they both illuminate Donalds’ corporate and ideological backing and explain his policy positions even if he himself said that he ignores the concerns of his PAC backers.

Nonetheless, some of the PAC contributions stand out in different ways.

The PAC spending reported in this article was, to the best of this author’s ability to determine, legal and compliant with existing law. This article is based on public information. No criminality or impropriety is alleged or implied. The full 2021-22 PAC list can be seen and downloaded on the Federal Election Commission (FEC) website.

Water, oil and Scalise

Politicians form their own PACs and donate to each other’s campaigns. This helps build bonds and relationships that serve them well once they’re elected. These networks help them pass legislation or advance in the party leadership ranks.

These kinds of donations were especially important during Donalds’ 2020 primary campaign when he was in a tight and uncertain race against well-funded opponents.

One primary contributor of particular significance was Rep. Steve Scalise (R-1-La.).

Scalise was significant on a number of levels: He was (and remains) House Minority Whip, the second highest leadership position in the Republican caucus. A contribution from him was a vote of confidence and a boost from the official Republican House establishment.

But Scalise had a particular connection to Southwest Florida. During Francis Rooney’s 2016 to 2020 service in Congress, Scalise posed a particular obstacle to Rooney’s efforts to prevent oil exploration and exploitation off Florida’s Gulf shore. Like the Paradise Coast, Scalise’s Louisiana district is dominated by shoreline and wetlands—but unlike Florida, it is home to an extensive offshore oil exploration and exploitation industry.

This has led Scalise to be such a spokesman for the oil industry that one trade publication was led to ask if he was the “oil industry’s best friend in Congress.”

It also led to a memorable exchange between Rooney and Scalise when they were on the House floor together and Scalise told Rooney that the oil industry would object to his efforts to keep the eastern Gulf off-limits to exploration. In an address to a private group at the Alamo gun range and store in Naples on May 30, 2018, Rooney related what happened next:

“I was on the House floor with Steve Scalise and I got in his face and I said, ‘You’re telling me that the industry won’t go for protecting the Eastern Gulf in Florida?  What industry are you talking about?  I’m talking about tourism. I’m talking about why we’re all here, okay? Just because Louisiana is a pit, doesn’t mean we want to become a pit. Okay?’” 

In the 116th Congress, neither man got what he wanted: Scalise never opened the eastern Gulf and Rooney never closed it.

But Rooney retired in 2020 and Scalise stayed in Congress—and got another shot with Byron Donalds.

That second shot came in the form of two Scalise-related committees contributing to Donalds’ primary campaign: Scalise for Congress and his Eye of the Tiger PAC. In 2020, Scalise for Congress contributed $4,000 to Donalds so he could retire some of his primary election campaign debt and Eye of the Tiger PAC contributed $10,000.

The issue of oil drilling in the eastern Gulf is now largely moot. President Joe Biden campaigned against new offshore drilling and implemented that promise through an executive order issued a week after he took office. He even stopped the sale of oil leases in the Arctic National Wildlife Refuge that President Donald Trump had permitted. Even Trump retreated from Gulf oil exploitation during the election campaign, issuing an executive order on Sept. 8, 2020 putting Florida waters off limits for 10 years.

So the issue of eastern Gulf oil exploitation is off the table for the moment and will likely stay that way for the rest of Biden’s term and possibly beyond.

But that has not dampened Scalise’s support for Donalds. Already in the first quarter of 2021 Scalise for Congress contributed $2,000 to Donalds’ re-election campaign and Eye of the Tiger PAC contributed $5,000.

Those totals will undoubtedly rise in the days leading to the mid-term election, intended to buy Donalds’ loyalty both to the oil industry and to Scalise personally.

Big sugar

The sugar industry, or “big sugar” as it’s widely known in Southwest Florida, has vital interests in federal actions. Its cane fields are in the Everglades Agricultural Area south of Lake Okeechobee, and much of the harvest is processed there. Issues of pollution, runoff and water management are fundamental to its operations—and the source of considerable environmental criticism.

Management of Lake Okeechobee falls to the US Army Corps of Engineers and there is constant debate and contention regarding water quality and responsibility for maintaining it. This deeply affects not only the Everglades, which protect the inhabited areas of the Paradise Coast and the 19th Congressional District and affects the area’s supply of drinking water. It also determines pollution and algae levels in the Caloosahatchee River that runs through Fort Myers and past Cape Coral. On the cleanliness of these waters rests its tourism industry and the health of everyone living along the river and the Gulf. (To the east it also similarly affects the communities along the St. Lucie River.)

In 2020, Donalds received $5,000 each from the American Crystal Sugar Company PAC and the United States Sugar Corporation Employee Stock Ownership Plan PAC.

For the 2022 election, Donalds has already received $5,000 for his primary race from the American Crystal Sugar Company PAC.

This year a new sugar donor entered the fray: the sugar industry’s American Sugar Cane League PAC, consisting largely of sugar cane farmers, which has contributed $1,000 to his primary race.

In an effort to show concern for water purity efforts, Donalds has been making visits to Lake O and attending various briefings, providing photo ops.

A different kind of insurance

The insurance industry is investing extensively in Donalds. As a heavily regulated industry with numerous interests in a wide variety of legislation and regulation, insurance companies and lobbies have long been very active politically, donating to a wide variety of lawmakers at all levels and in all states. In the 2020 election the industry spent $152 million to influence legislation, according to OpenSecrets.org.

Donalds sits on House subcommittees that have a direct impact on insurance issues. One is the House Oversight and Reform Committee where he sits on the economic and consumer policy subcommittee. But his other assignment may have even more of an insurance industry impact. On the House Small Business Committee, he sits on the Economic Growth, Tax, and Capital Access Subcommittee, and the Oversight, Investigations, and Regulations Subcommittee—and the key word in that title is “regulations.” Also, he has been a vocal and vociferous opponent of the Affordable Care Act

It explains the insurance industry PAC investment in his campaign.

  • CIGNA Corporation Political Action Committee: $1,000

Cigna Corp. is a major health insurance provider. It was ranked the 13th largest US corporation in the 2020 Fortune 500 list by total revenue, which was estimated to be $38.5 billion that year.

Insurance trade PACS include:

  • Independent Insurance Agents & Brokers of America, Inc. Political Action Committee: $5,000
  • National Association of Mutual Insurance Companies PAC: $1,000
  • The Council of Insurance Agents & Brokers Political Action Committee: $1,000

Prepping for 2022

Other PACs contributing to Donalds in 2021 are, in addition to those already mentioned:

Ideological PACs

Founded in 1994, this PAC states on its website it is “on a mission to expose the Liberal Lies [sic] to minority voters all across America. With your help, Black America’s PAC will reclaim Black voters to the Republican Party by electing minority Republicans to national office and destroying the Liberal Lies that keep minorities voting for Democrats who do NOT share their values.”

The PAC was founded and is headed by Alvin Williams who worked on the George H.W. Bush campaign in 1987. He later worked at the Republican National Committee and advised candidates on African-American issues for a variety of campaigns.

In the 2020 election, this PAC contributed $1,500 to Donalds’ campaign.

This is an ideological PAC that attempts to elect conservative Republicans. This is the first time it has contributed to a Donalds campaign.

Other politicians

  • Building America’s Republican Representation PAC: $2,500

This is a PAC affiliated with Rep. Andy Barr (R-6-Ky.)

  • Building Leadership and Inspiring New Enterprise PAC: $2,000

This is a PAC affiliated with Rep. Blaine Leutkemeyer (R-3-Mo.). Leutkemeyer, like Donalds, voted to decertify the results of the 2020 election.

  • Jason Smith for Congress: $2,000

This is a committee affiliated with Rep. Jason Smith (R-8-Mo.). Smith is the ranking member of the House Budget Committee, on which Donalds serves. Like Donalds, Smith voted to decertify the 2020 election. Of particular note, while on the House floor on Jan. 17, 2019, when Rep. Tony Cardenas (D-29-Calif.) was presiding, Smith shouted “Go back to Puerto Rico!” at House Democratic members.

Corporate PACs

  • CGCN PAC: $1,000

This is the PAC of CGCN Group, a conservative Washington, DC-based lobbying firm that provides “outreach to key policymakers,” gathers “strategic intelligence” and offers “a full suite of tools for media and grassroots communication to influence the policies that affect our clients.” One indication of its orientation: Most recently it made Peter Ventimiglia a partner after he worked seven years at Koch Industries where he was a primary architect of its communications strategy.

  • JM Family Enterprises, Inc. PAC: $1,000

JM Family Enterprises is a diversified automotive company. As its website puts it: “Our principal businesses focus on vehicle distribution and processing, finance and insurance and retail vehicle sales.” The company was launched in 1968 when the founder, Jim Moran, became Toyota distributor in five southeastern US states, including Florida. Its PAC contributed to Donalds’ 2020 campaign.

  • National Association of Realtors Political Action Committee: $1,000

Liberty lives in light

© 2021 by David Silverberg

The Donalds Dossier: Martyr or mere minion? Clashing with the Congressional Black Caucus

Rep. Byron Donalds reaffirms his support for Donald Trump on Trump’s 75th birthday, June 14. (Photo: Office of Rep. Byron Donalds)

June 18, 2021 by David Silverberg

Is Rep. Byron Donalds (R-19-Fla.) a martyr—or a mere minion of the Republican Party and Donald Trump?

That’s the decision the Congressional Black Caucus (CBC) has been facing when considering Donalds’ application to join the 56-member congressional caucus.

Donalds first applied to join the group when he took office in January. Since then his application has been pending, with no word on its fate.

Kadia Goba (Photo: BuzzFeed)

Then on June 9, reporter Kadia Goba of BuzzFeed News reported that Donalds was being blocked from joining the group in the article: “The Congressional Black Caucus Is Blocking A Black Republican From Joining The Group.”

Donalds has been exploiting the snub to charge that the CBC is anti-Republican.

“The Congressional Black Caucus has a stated commitment to ensuring Black Americans have the opportunity to achieve the American Dream. As a newly elected Black Member of Congress, my political party should not exempt me from a seat at the table dedicated to achieving this goal,” Donalds told NBC News.

But the CBC answered with a statement of its own: “The Congressional Black Caucus remains committed to fighting for issues that support Black communities, including the police accountability bill, protecting voting rights, and a jobs bill that helps our communities,’ stated an unnamed spokesperson, who did not mention Donalds by name. “We will work with those who share our values and priorities for the constituents we serve.”

So is Donalds a martyr as he claims? Or is this alleged snub just a result of the positions he’s taken and the values he holds?

A CBC primer

An outgrowth of the civil rights movement and the election of Black representatives in the 1960s, the Congressional Black Caucus was founded in 1971 with 13 members, according to its official history.

It was embattled from the beginning. President Richard Nixon refused to meet with the group and so they boycotted his 1971 State of the Union address, generating national headlines. When he relented and met with them in March of that year, they presented him with 61 recommendations to eradicate racism and assist the Black community. Unbeknownst to them, members of the group were on Nixon’s “enemies list.” Following the breaking of the Watergate scandal, CBC members were among the first representatives to call for Nixon’s impeachment in 1974.

President Richard Nixon meets with members of the Congressional Black Caucus in the Cabinet Room on March 25, 1971. Nixon is seated at the center left of the table. (Photo: National Archives)

Throughout its history the CBC fought for civil rights, voting equity and against apartheid in South Africa. Its members included Barack Obama, then the Democratic senator from Illinois.

“On the challenges of our times…on the threats of our time…members of the CBC have been leaders moving America forward,” Obama said at a 2015 CBC dinner. “Whatever I’ve accomplished, the CBC has been there. I was proud to be a CBC member when I was in the Senate… .”

In the current 117th Congress, the CBC has 56 members, all Democrats.

In addition to Donalds, there are two other Black Republicans in Congress: Rep. Burgess Owens (R-4-Utah) and Sen. Tim Scott (R-SC). Neither is a member of the CBC.

Clashing positions

On its website, the CBC lists a variety of policy priorities for the 117th Congress. Three are very broad: fostering constructive dialogue, informing citizens of the impact of federal policies and mobilizing the next generation of black leadership.

But when it comes to more specific priorities, Donalds has taken directly contrary positions:

  • The CBC is fighting to expand voter access. Donalds has vigorously defended voter suppression laws in Georgia and Florida, calling the For the People Act (House Resolution 1) “the radical takeover of our elections.”
  • The CBC has championed criminal justice and policing reform. Donalds voted against the George Floyd Justice in Policing Act.
  • The CBC is committed to “investing in and defending the public education system.” Donalds has attacked public education and, along with his wife, has a long history of championing non-public education initiatives. He argued in a tweet during Biden’s State of the Union speech: “You don’t improve the quality of education (or anything) by making it free. You improve quality through competition.”
  • The CBC favors the Affordable Care Act, stating it is necessary “to ensure millions of Americans retain access to affordable, quality healthcare, and retaining investments in minority health clinics to combat health disparities.” Donalds has long attacked it, saying during his campaign that: “Obamacare is a thinly veiled attempt at a government takeover of the health insurance delivery system, ultimately leading to a single-payer socialist system.” 

The CBC also favors a variety of reforms that are part of President Joe Biden’s plans for jobs, families and recovery from the pandemic. This includes increasing tax rates on corporations and the wealthiest Americans, improving infrastructure and increasing the minimum wage. Donalds has opposed all of these both verbally and with votes.

Additionally, the CBC hailed President Joe Biden’s election after it was informally declared on Nov. 7, 2020. “We show up every election season because to us there is nothing more important than leading this nation to its highest ideals: liberty and justice for all. Today’s victory is a testament to this,” it stated in a press release.

Donalds voted to invalidate that election and has never publicly accepted Biden as president. He continues to pay homage to Trump, most recently by playing golf with Trump and celebrating his 75th birthday on June 14.

Donalds argues that he simply has different ideas and that, as “steel sharpens steel,” his presence in the CBC would make it stronger. As its statement made clear, however, the CBC doesn’t agree.


Sidebar: Love and cash from Mia Love

Mia Love in 2017. (Photo: James McNellis/Wikimedia)

Donalds is certainly not the first Black Republican to clash with the CBC—and he has been financially supported by one who once vowed to dismantle it.

In 2012 Mia Love, a Black Utah Republican running for Congress, told the Deseret News: “Yes, yes. I would join the Congressional Black Caucus and try to take that thing apart from the inside out.

“It’s demagoguery,” she said. “They sit there and ignite emotions and ignite racism when there isn’t. They use their positions to instill fear. Hope and change is turned into fear and blame. Fear that everybody is going lose everything and blaming Congress for everything instead of taking responsibility.”

Love, the daughter of Haitian immigrants, had served as mayor of the Utah town of Saratoga Springs. She lost her bid for Congress in 2012, then won in 2014 and represented Utah’s 4th Congressional District.

When she entered Congress, Love softened her rhetoric and joined the CBC, saying that “change must come from the inside out.”

However, although she was a conservative Republican, Love couldn’t bring inside change to the Republican Party under Donald Trump. In 2016 she called on him to withdraw from the race after the Access Hollywood tape was released and refused to support him in the election. Once he was elected, she opposed his steel and aluminum tariffs and criticized his anti-immigration stands.

In the 2018 election, Love lost to Democrat Ben Adams by 694 votes. Trump gloated in a speech: “Mia Love gave me no love, and she lost. Too bad. Sorry about that, Mia.”

She hit back at him and Republicans in a scathing concession speech. “The President’s behavior towards me made me wonder: What did he have to gain by saying such a thing about a fellow Republican? It was not really about asking him to do more, was it? Or was it something else? Well Mr. President, we’ll have to chat about that.”

She also observed: “Because Republicans never take minority communities into their home and citizens into their homes and into their hearts, they stay with Democrats and bureaucrats in Washington because they do take them home – or at least make them feel like they have a home.”

In 2020, Love’s political action committee, Friends of Mia Love, gave Donalds $5,000 for his primary run and $5,000 for his general election campaign, according to Federal Election Committee records.

Whether Love’s support continues, given Donalds’ fealty to Trump, remains to be seen.


Analysis: Color and convenience

When Donalds ran for Congress in his 85 percent white district he barely mentioned race and emphasized his undying and fanatical Trumpism. He had to get his voters to look past the color of his skin and he did. It was an undeniable accomplishment but perhaps less surprising in a post-Obama era than it would have been before.

Donalds went to Congress as a proudly “politically incorrect” extreme rightwing ideologue, deliberately defying expectations of a Black politician. In Congress he has worked to advance Trumpism, the Republican agenda and hewed closely to the conservative catechism.

So it seems a bit disingenuous, at the very least, for him to suddenly profess outrage at his exclusion from an organization that has race at its core, which is unanimously Democratic and is overwhelmingly liberal. Why should he want to be part of a club that stands for everything he’s been bashing his entire political career?

In fact, it seems as though Donalds’ application to join the CBC was something both sides forgot about until reminded by BuzzFeed.

Donalds is clearly exploiting the CBC’s obvious snub and using it to challenge the legitimacy of the CBC and bash Democrats. He’s made the rounds of right-wing media with his complaint and finally broken into some mainstream national coverage by portraying himself as the injured party.

In the past the CBC hasn’t discriminated against Black Republicans so much as it has shunned members of Congress who opposed its positions—all of whom happened to be Republicans.

In fact, based on their political positions, Donalds has more in common with the so-called “sedition caucus” of members who voted to decertify the election than he does with members of the Congressional Black Caucus. And it would be extremely naïve to believe that the CBC would soften his stances on its key priorities or that he could change them from inside. This is not a debate about values; this is Donalds pushing for prominence on behalf of his ideology and serving the Republican Party and leadership.

On one point and one point alone, Donalds has a legitimate complaint: He should not be snubbed. His application should be considered and voted up or down and the reasons for the final vote publicly explained, whether it is approval or rejection.

Of course, if he can’t join that congressional club he could join the club at Mar-a-Lago—if Trump is in a mood to receive him.

Liberty lives in light

© 2021 by David Silverberg

FGCU wetlands expert Bill Mitsch hails Biden rollback of Trump water rule

Eminent scholar says SWFL waters to benefit from EPA, US Army rewrite

Eminent scholar Bill Mitsch is praising a new definition of US waters that will protect Southwest Florida waters and wetlands against pollution. (Photo: Facebook)

June 14, 2021 by David Silverberg

In an act directly benefiting Southwest Florida and its waters, President Joe Biden’s administration is rolling back a Trump-era rule allowing unregulated pollution of streams and rivers.

Bill Mitsch, eminent scholar and director of the Everglades Wetland Research Park at Florida Gulf Coast University (FGCU), hailed the announcement, made last Wednesday, June 9.

“It’s a good move,” Mitsch told The Paradise Progressive in an interview. “I’m happy because it’s the right direction.”

In January 2020, Mitsch vehemently denounced a rule under President Donald Trump that relaxed restrictions on water pollution, calling it “a horrible setback for wetland protection in the USA” and saying its imposition was “the darkest day for Federal protection of wetlands since it first started 45 years ago.”

Michael Regan, EPA administrator, announces rollback of the Trump water rule . (Photo: AP)

Last week’s rollback announcement was made by the Environmental Protection Agency (EPA) and the US Army, which oversees the US Army Corps of Engineers. The Corps plays an outsized role in Southwest Florida water management.

“I’m delighted both agencies have stepped forward,” said Mitsch. “This, in my view, is a good turn for Southwest Florida and especially the Everglades.”

The EPA and Army will be revising the definition of waters of the United States (WOTUS) to “better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth,” according to the announcement.

Under the Trump administration, WOTUS was redefined under the Navigable Waters Protection Rule to hold that the Clean Water Act did not apply to waters like streams, creeks and rivers that were not navigable or not adjacent to navigable waters.

Put another way, these waters could be subject to unregulated pollution and exploitation. This affected tens of thousands of waters throughout the United States. It was particularly harsh on Southwest Florida with its innumerable wetlands and arid regions like the Southwest United States.

“After reviewing the Navigable Waters Protection Rule as directed by President Biden, the EPA and Department of the Army have determined that this rule is leading to significant environmental degradation,” Michael Regan, the EPA administrator, stated in the press release announcing the rule change. “We are committed to establishing a durable definition of ‘waters of the United States’ based on Supreme Court precedent and drawing from the lessons learned from the current and previous regulations, as well as input from a wide array of stakeholders, so we can better protect our nation’s waters, foster economic growth, and support thriving communities.”

The EPA and Army will now start a process of remanding the Trump rule and redefining WOTUS, while restoring the water protections that existed prior to 2016. It will try to keep waters clean, use the latest scientific and climate change data, take into consideration practical needs and build on the experiences and input of water purity stakeholders.

From feds to Florida and the challenges ahead

Mitsch warned that while the Trump rule rollback was a major step in the right direction, it did not end the challenges to water purity, especially in Florida.

Mitsch has long experience with WOTUS and definitions of “wetlands” and “waters.” In the 1990s he worked with the federal government’s scientific bodies to define “wetlands” properly only to run up against Vice President Dan Quayle, who wanted the definition to favor builders and developers.

“This is déjà vu all over again for me,” said Mitsch. “It’s the same issue that keeps coming back. It’s quite contentious.”

“Waters” and “wetlands” have been officially defined twice before, according to Mitsch.

“I hope they don’t get on a third definition that’s political and not scientific. I hope they have the stamina to go through with it,” he said of current efforts. “There is no such thing as a [legitimate] political definition of a ‘wetland’—otherwise we might as well throw out all our scientific books.”

Mitsch is especially concerned that the state of Florida’s takeover of wetland permitting and environmental protection from the federal government will result in a degradation of Florida’s wetlands and waters. Authority for wetland permitting was transferred from the US EPA to Florida’s Department of Environmental Protection in December 2020 in one of the last official acts of the Trump administration.

“I’m very much afraid of Florida taking wetland management away from the feds. What the feds are doing is great but I’ve seen it before,” he said.  “There’s no question why [the state] wanted to take over water regulation, it was for development.” While he said he was discouraged that “the train is out of the station in Florida, I hope the momentum of this [new federal rule] spills into Florida somehow.”

Liberty lives in light

© 2021 by David Silverberg

‘Sanctuary city for the unborn’ movement threatens Naples, Fla., economic recovery

Demonstrators calling for Naples to become a ‘sanctuary city for the unborn’ gather on April 21 in front of the Naples City Council. (Image: WINK News)

June 10, 2021 by David Silverberg

A group agitating for the city of Naples, Fla., to declare itself a “sanctuary city for the unborn” could threaten the city’s tourism and hospitality-based economic recovery.

Naples experienced “an amazing April” in tourism recovery, Anne Wittine, the director of data analysis for Research Data Services, told Collier County’s Tourist Development Council on May 24, according to The Naples Daily News. Visitors and spending in the city were up over 1,000 percent over the year before and room nights and hotel occupancy increased over 900 percent.

Clearly, Naples is roaring back from its pandemic shutdowns. But all that recovery is threatened if it becomes the focal point of an unneeded controversy centered around a fringe movement out of Texas, which is seeking to ban all abortions within the city limits.

The new sanctuary cities movement

The anti-abortion “sanctuary cities” movement is the brainchild of Mark Lee Dickson, an itinerant preacher and self-professed 35-year-old virgin from White Oak, a small town in east Texas that sits an hour’s drive from the Louisiana border.

Mark Lee Dickson in his signature backwards baseball cap. (Photo: Ilana Panich-Linsman/HuffPost)

Dickson began preaching against abortion outside a women’s clinic in Shreveport, La., in 2012 and made the anti-abortion cause his own. He traveled rural Texas towns to preach his message. In 2019 he broached the idea of a “sanctuary city for the unborn” in tiny Waskom, Texas, population 2,189. He told Britain’s The Guardian newspaper that he wanted to forestall Waskom from having a clinic like nearby Shreveport’s across the state line.

“When I reached out to them it was all about protecting Waskom,” Dickson told The Guardian. “I didn’t have any other city in mind.”

The City Council of Waskom unanimously voted in a sanctuary city ordinance on June 11, 2019. The ordinance simply outlawed abortions within city limits.

From there, Dickson’s efforts led 23 other Texas towns and one town each in Nebraska and Ohio to pass anti-abortion ordinances.

The largest city to vote itself an anti-abortion sanctuary city is Lubbock, Texas, with a population of 278,831. Initially, the Lubbock City Council rejected the ordinance but it was then voted in by referendum on May 1.

It was immediately challenged in court by Planned Parenthood, which had opened a clinic there last year, and the American Civil Liberties Union, whose lawyers argued that the ordinance was unconstitutional. On Tuesday, June 1, a federal judge ruled that he did not have jurisdiction in the case and dismissed it, pointing out that because it would be enforced by private citizens through lawsuits rather than state or local authorities, he could not limit the right of private citizens to sue.

It was the same day the ordinance took effect. While the sanctuary cities movement counted it as a victory, the Planned Parenthood clinic continues to operate.

“We will continue to stand up for [our patients] with all of our resources,” Ken Lambrecht, president of Planned Parenthood of Greater Texas, told The Texas Tribune.

In Florida

Naples, a city of roughly 22,000 and known as politically very conservative, is a test case for this movement in Florida.

Dickson visited the North Naples Seed to Table market owned by extreme conservative Alfie Oakes, to preach in July 2020.

“I did not draw Naples, Florida out of a hat,” Dickson told WINK News at the time. “The people of Naples, we’ve had hundreds and hundreds of people reach out to me and others saying they want their city to outlaw abortion. They don’t want babies to be murdered in the city.”

To date, 260 people claiming Naples residence have signed a petition supporting passage of the ordinance, although their actual residence in the city cannot be independently verified. (A complete list of the names of petitioners from those giving Naples as their residence can be read on the movement’s website here.)

On March 15 at the Naples City Council regular meeting, William Oppenheimer, a local lawyer and head of the anti-abortion organization Act for Life, proposed putting an anti-abortion ordinance on the Council agenda. Councilmembers rejected it by a vote of 4 to 3, with Paul Perry, Mike McCabe, Ray Christman, and Gary Price opposed and Mayor Theresa Heitman, Vice Mayor Terry Hutchinson and Ted Blankenship voting in favor.

At an April 19 working session, Mark Lee Dickson came to Naples and organized a demonstration of about 25 people favoring the ordinance but did not make comments to the Council.  Five people spoke against the ordinance during the public comment period.

At the Council’s April 21 regular meeting abortion opponents held a demonstration and some spoke to the Council during the public comments period. At that time Oppenheimer vowed in an interview with WINK-TV that demonstrators would be back to protest at every city council meeting.

Annisa Karim, chair of the Collier County Democratic Party, told WINK News at the time: “I don’t believe that that is appropriate for a local municipality to be ruling on. I think it is government overreach at this level.”

The Naples City Council will convene this coming Monday, June 14 for a working meeting and on Wednesday, June 16 for a regular meeting. Demonstrators may be present. A “sanctuary city” ordinance is not on the agenda for either meeting.

Commentary: Civics and common sense

Any sensible person with even a passing knowledge of basic American civics can see that the proposal for a local ordinance of this nature is unconstitutional on its face. At the federal level, the issue of women’s choice is working its way up to the Supreme Court in a number of cases and will be decided there. That decision will apply to the entire country.

On a state level, declaring Naples—or any other Florida city—a “sanctuary city” may well be illegal, running afoul of the state’s anti-sanctuary city law. While that law may have been driven by an enmity against immigrants, it nonetheless may have banned the entire concept of sanctuary cities when the legislature passed it and the governor signed it.

And beyond the argument whether women have a right to make their own decisions regarding their health, from a local, municipal standpoint, the City Council of Naples would be doing itself and the city a deep disservice if it even considers this proposed ordinance.

This is a solution that Naples simply doesn’t need in search of a problem it simply doesn’t have. It’s not as though Naples is a hotbed of the kind of women’s health services that the sanctuary city people are trying to outlaw, nor is it something that vast numbers of actual city residents are demanding. Instead, a small group is trying to impose its will for no other purpose than to prove a point and meet its larger goals.

For a city that is attempting to emerge from the economic damage of a pandemic, a drop in tourism and hospitality business and which may be facing the additional blow of a red tide summer, a completely unnecessary, divisive controversy is the last thing it needs. As a Florida test case the ordinance debate would focus unfavorable national attention on the town, hurting its reputation as a welcoming and open vacation spot for everyone around the world.

Given its unconstitutionality, even considering whether to consider the ordinance is already consuming too much time that is much better spent on more pressing needs. If such an ordinance were to pass, it would impose expenses in litigation on a city that needs every penny it can get to meet its existing municipal responsibilities and obligations.

And from a purely parochial standpoint, this seems like another outlandish Texas idea that some extremist Texans are trying to foist on the rest of the country—like seceding from the union or creating an independent power grid that can’t withstand a winter storm.

So if the towns of Texas want to go their own way in this matter, they can certainly try. But for a Florida city that’s finally open for tourism and has a more welcoming and cosmopolitan view of the world, adhering to the US Constitution and following plain common sense seems like a much better bet.


To reach the members of the Naples City Council, contact:

The Naples City Council meets at 735 8th Street South, Naples, Florida, 34102

To see scheduled meetings and agendas of the Naples City Council, or watch streaming videos of Council proceedings, click here.

Liberty lives in light

© 2021 by David Silverberg

The Donalds Dossier: Firing Fauci, supporting suppression, bashing the border

Rep. Lauren Boebert (left) and Rep. Byron Donalds listen to a briefing during a trip to the southwest border. (Photo: Office of Rep. Byron Donalds)

151 days (5 months) that Byron Donalds has been in Congress

June 3, 2021 by David Silverberg

The five-month anniversary of Rep. Byron Donalds (R-19-Fla.) taking office might have been a fairly innocuous milestone, except that yesterday, June 2, he decided to issue a gratuitous and unnecessary attack on—of all people—Dr. Anthony Fauci, director of the National Institute of Allergies and Infectious Diseases.

Dr. Anthony Fauci (NSIAID)

And not just Dr. Fauci, either. In true Trumpist fashion he decided to go after the media as well.

“Fake news media outlets like @CNN continue to praise Dr. Fauci as the hero of COVID-19. When has the media or Dr. Fauci ever been right? Read the emails and #FireFauci,” Donalds tweeted.

What prompted this was the release under a Freedom of Information Act request of thousands of Fauci’s e-mails during the height of the pandemic.

It’s not clear which CNN report on the e-mails aroused Donalds’ ire, since there have been a number of them. But one CNN commentary by Dr. Megan Ranney, an associate professor of emergency medicine and a CNN medical analyst, praised the doctor.

“Throughout [the e-mails], his on-paper voice sounds just like his television voice,” stated Ranney. “He is humble, curious and committed. My takeaway? He is just like us—or, at least, he’s how most of us like to imagine ourselves to be, on our best days.”

That would be in stark contrast to Donalds’ idol, Donald Trump, for whom the words “humble, curious and committed” could never apply.

But Donalds saying that Fauci has never been right is pretty rich coming from a man who contracted COVID last October. It was a failing in the eyes of Trump that prompted him to ignore Donalds’ existence when Trump passed through Fort Myers in October 2020.

Donalds, a vehement anti-masker at home, in the halls of the Capitol and in the council rooms of Southwest Florida who to date has not revealed whether he’s received any vaccine or will be getting any, was lucky to recover without too much damage. The same cannot be said for the 1,046 people in Lee County and 571 in Collier County who have died from this scourge (based on Rebekah Jones’ figures).

What’s most surprising about Donalds’ tweet is that it was completely unnecessary, brought him no political capital or advantage with the possible exception of COVID-deniers like Alfie Oakes, and puts him on the side of lunatic fringe for whom Donald Trump is always right and people who rely on facts and data, like Fauci, must always be wrong.

But then again, that’s where he was anyway.

Out of the bubble, into The Times

Astead Herndon (NYT)

On May 22, Donalds finally stepped out of the right-wing media bubble he’d carefully inhabited. The New York Times published an interview conducted by reporter Astead Herndon, in which Donalds insistently defended Florida and Georgia’s voter suppression laws.

Donalds said that one of the best aspects of Florida’s new law was getting rid of “ballot harvesting,” collecting other peoples’ ballots to cast them.

“You know, I think the process we have now going forward in our state is actually a good one,” said Donalds. “Everybody’s free to request their ballot. They prove who they are, that’s a good thing. They receive their ballot, they vote. It’s all about security.”

“Ballot harvesting was already outlawed in parts of the state,” pointed out Herndon. “And new lawsuits claim that the real impact of the identification measures will be another barrier suppressing Black and Latino voters. What’s your response to that?”

“I don’t pay any attention to those claims,” responded Donalds, who went on to say that he believed the state law would be upheld in court.

A reader can sense Herndon’s mounting frustration and growing skepticism as the questioning went on but Donalds remained adamant. As any experienced interviewer knows, sometimes short of grabbing a subject by the lapels and screaming “you’re wrong!” there’s not much an objective journalist can do to shake the truth out of an obdurate subject. Being a reporter for a credible, objective newspaper, Herndon wasn’t about to do that.

At least Donalds’ opinions are now on the record somewhere beyond the Trumpisphere, regardless of what Donalds thinks of the real media’s credibility.

Grassroots, water and the border

Beyond these events, Donalds was careful during the past month to tend to the grassroots in his district. Apparently sensitive to criticism that he was neglecting Southwest Florida in his quest for publicity and ideological prominence and sacrificing local concerns in favor of endless bashing of President Joe Biden’s attempts to help Americans and end the pandemic, he made some efforts toward reaching out to local groups who would give him a favorable reception.

Southwest Florida is facing a summer water crisis and Donalds duly visited Lake Okeechobee with other Republican lawmakers during the past month. However, when water advocates gathered at Moore Haven to advocate for a particular water release plan by the Army Corps of Engineers, Donalds sent a surrogate.

However, he himself headed to the Southwest US border with Rep. Lauren Boebert (R-3-Colo.), another extremist member of Congress, to denounce Biden border policy, as part of the general and ongoing Republican offensive.

Legislatively, Donalds’ Harmful Algal Bloom Essential Forecasting Act made no progress in House committees. He did, however, finally introduce some text to his other legislation, the RESCUE Act. However, since passage of President Biden’s American Rescue Plan, that proposal is largely moot. A third piece of legislation, introduced on May 7, to prevent sharing trade information with the World Trade Organization, had not received any text from Donalds.

Donalds, who sits on the House Budget Committee, has now moved on to denouncing the administration’s budget proposal and taxes on the ultra-wealthy and corporations to pay for it.

With the arrival of June 1, Donalds now goes into his first hurricane season as a member of Congress. He’s already been part of the insurrectionist political storm. It will be interesting to see how he weathers storms from nature.

523 days (1 year, 5 months, 5 days) until Election Day

Liberty lives in light

© 2021 by David Silverberg