The demonstration at the outset of the event. (All photos: Author)
Oct. 2, 2021 by David Silverberg
On a day of national demonstrations in favor of the right of women to choose abortion, Naples, Fla., was treated to an unusually raucous and contentious rally by pro-choice and anti-abortion advocates.
There were no arrests, although individuals, particularly anti-abortionists, while staying non-violent, became aggressive at times. Demonstrators shouted dueling chants and anti-abortionists attempted to drown out scheduled pro-choice speakers.
The demonstration took place in front of the Collier County courthouse in the county government center at Airport Pulling Rd. and Route 41 and then moved to the sidewalk along Airport Pulling Rd.
At the scheduled start of the demonstration at 10 am, there were about 100 pro-choice demonstrators and 22 anti-abortion demonstrators present. Although the numbers swelled during the next two hours, the ratio of abortion opponents to supporters remained about the same. At its height perhaps a total of 300 to 400 people were in the crowd.
There was no separation between the demonstrators and police made no effort to keep them apart. According to one Collier County sheriff’s deputy, in the public space police were not authorized to keep the competing parties apart or intervene unless a crime was actively committed. Nor was a permit required for the “Mobilize and Defend Our Reproductive Rights” rally, so there was no need to enforce a permit’s requirements.
The fight over women’s reproductive rights in Florida was joined yesterday, Sept. 22, when state House Bill (HB) 167, a Florida version of the Texas abortion prohibition law, was filed by Rep. Webster Barnaby (R-27-Volusia County) at 9:14 am.
As the bill’s summary states, it: “Requires physician to conduct test for, & inform woman seeking abortion of, presence of detectable fetal heartbeat; prohibits physician from performing or inducing abortion if fetal heartbeat is detected or if physician fails to conduct test to detect fetal heartbeat; provides exceptions; authorizes private civil cause of action for certain violations; provides for civil remedies & damages.”
Oddly, while the introduction caused an immediate storm of protest from pro-choice activists and Democrats, Barnaby himself was silent about the bill, neither issuing a statement explaining his action nor posting any comment on his social media platforms.
Pro-choice groups around the country were already organizing for a National Day of Action to Mobilize and Defend Reproductive Rights on Saturday, Oct. 2. In Florida, the group Florida Reproductive Freedom is organizing rallies in 13 cities throughout the state.
In Collier County a coalition of groups has called for a major demonstration at the Collier County Courthouse in Naples that Saturday, Oct. 2, at 10 am for two hours. (Full disclosure: The Paradise Progressive is a sponsor.)
The demonstration is intended to get elected officials to commit to reproductive freedom.
Scheduled speakers include Stephanie Fraim, chief executive of Planned Parenthood of Southwest and Central Florida; Corrie Vega, a Collier County public school teacher and Rev. Tony Fisher of the Unitarian Universalist Church of Greater Naples.
Angela Cisneros, co-founder of Collier NOW (National Organization for Women) and a scheduled speaker, stated: “We all desire to live a safe and healthy life, free to pursue our own paths. However, the types of bans passed in Texas and currently being framed here in Florida are in direct opposition to that premise. An abortion ban would be especially detrimental to those of us from communities with few resources that already face barriers to basic healthcare.”
State Senate prospects
The Florida Senate’s president, Sen. Wilton Simpson (R-10-Citrus and Hernando counties), may introduce similar legislation in that body.
Sen. Kathleen Passidomo (R-28-Collier County), the Senate Majority Leader and a possible Senate president in 2022, told Florida Politics after the Supreme Court let stand the Texas law that she is “pro-life but I am not pro-telling on your neighbors.”
Passidomo said in a speech to the Argus Foundation in Sarasota that she does not favor an exact “cut-and-paste” of the Texas law for Florida.
“There are provisions in there that don’t make sense,” she said. “We need to do what’s right for Florida.”
Passidomo stressed, however, that she is an anti-abortion legislator.
A new executive order issued by President Joe Biden requiring federal contractors to vaccinate their workforces will put pressure on “Alfie” Oakes, the fiercely anti-vaccination farmer, grocer and extreme conservative activist based in Naples, Fla., to protect his workforce from COVID-19.
Francis Alfred Oakes III claims to have 3,200 employees.
The order seeks “to promote economy and efficiency in procurement by contracting with sources that provide adequate COVID-19 safeguards for their workforce… .” This is being widely interpreted as mandating vaccinations for all workers on federal contracts.
While the order takes effect immediately, the Safer Federal Workforce Task Force, a government group providing federal agencies pandemic guidance, has until Sept. 24 to issue the terms, explanations of protocols and guidance to federal contractors. Federal agencies have until Oct. 8 to implement the guidance.
According to the article, the company was awarded $70.2 million in the first quarter of the 2021 federal fiscal year based on contracts with the Agriculture, Defense and Justice departments. In 2017 it won a contract worth $40 million with the Defense Logistics Agency, a second contract with the same agency worth $46.8 million in 2018 and a third contract worth $45 million. In 2018 it won a contract to supply produce to the Bureau of Prisons in the Justice Department. It supplied boxes of produce to needy families under the 2020 Farmers to Families program of the Agriculture Department.
Since the onset of the COVID-19 pandemic in early 2020 Oakes has dismissed the virus as a “hoax” and a “sham.” He fought masking in Collier County, defying a county mandate and ignoring regulations. All fines for COVID violations were dismissed by an order of Gov. Ron DeSantis (R), on Sept. 25, 2020.
Since the arrival of vaccines Oakes has been a prominent and vocal anti-vaxxer.
“…Our employees, no one died, zero of them died,” Oakes said in a speech to the conservative “We the People Fight Back” conference on Aug. 20 at the Naples Hilton, in Naples. “Very few of them got sick! The people that did get sick were only sick for four or five days. We did have a few people that were sick for a couple weeks but every flu season I get people that are sick for a couple of weeks.”
He continued: “So this is what I’ve seen. I’ve got no reason to lie about it. But we all did the right thing. We got plenty of sunlight, we didn’t obstruct our breathing, and we loved and had a good time. The government’s telling you, to go and stay in your house, stay out of the sun, put a mask on, take this vaccine that’s really nothing and it’s just beyond sad.”
Oakes has characterized vaccines as “Fauci’s poisonous cocktail” and stated that “plenty of sunlight, healthy eating and not stressing out” would result in a “100 percent success rate when you get the proper treatment Hydroxychloroquine and Ivermectin. The odds have not changed… anyone with a healthy immune system are [sic] much more likely to die getting struck by lightning.”
The new executive order requiring COVID precautions applies to all new federal contracts. However, it states that when it comes to existing contracts, “agencies are strongly encouraged, to the extent permitted by law, to ensure that the safety protocols required under those contracts and contract-like instruments are consistent with the requirements specified in section 2 of this order,” section 2 being the one providing guidance on safety measures and protocols.
The order’s requirements also apply to all of a business’ locations, so that would presumably also apply to retail as well as production sites: “This clause shall apply to any workplace locations (as specified by the Task Force Guidance) in which an individual is working on or in connection with a Federal Government contract or contract-like instrument…” it states.
(Editor’s note: Oakes’ reliance on “plenty of sunlight, healthy eating and not stressing out,” is an eerie echo of one response to the Black Death, the bubonic plague of the 14th century that took the lives of a third of Europeans. In her book A Distant Mirror, historian Barbara Tuchman writes that in one village: “villagers were seen dancing to drums and trumpets, and on being asked the reason, answered that, seeing their neighbors die day by day while their village remained immune, they believed they could keep the plague from entering ‘by the jollity that is in us. That is why we dance.’” Tuchman does not say if the village remained immune.)
For most Americans, Saturday, Sept. 18 is just another date on the calendar, one more day in one more weekend.
In Washington, DC, however, authorities are bracing for a demonstration that could be a replay of the Jan. 6 rally and riot that nearly overturned the government of the United States. In Southwest Florida that protest will have an echo on a smaller scale but one that bears watching.
The “Justice for J6 Rally” is intended to call for an end to prosecutions and the release of those who have been prosecuted and jailed as a result of the January 6 insurrection.
It was first announced by a group called Look Ahead America on July 30th. The group states on its website that its mission is to speak for disenfranchised Americans and “register, educate, and enfranchise these disaffected citizens.”
The group’s executive director is Matt Braynard, who previously served as the Donald Trump campaign’s director of data and strategy.
In a Jan. 29, 2021 letter to the US Justice Department in the immediate wake of the Capitol insurrection, Braynard argued that “Many of the protesters who entered the Capitol reasonably believed they had permission” and “we should not further compound the tragedy through vindictive and selective political prosecutions.”
Braynard is trying to overcome the images and opprobrium of the insurrection. He wants the Sept. 18 rally to be “laser-focused” on the issue of Capitol prosecutions and avoid the symbolism and disorder of the riot.
“Be respectful and kind to all law enforcement officers” Braynard urged would-be demonstrators in a 4-minute, 46-second video on the group’s website. “If they ask you to do something, please, do so.” He also urged rally-goers to stay in groups, notify the organization volunteers if there’s any trouble and not wear attire other than that related to the specific goals of the rally.
Nonetheless, extremist groups like the Proud Boys and Oath Keepers are planning to attend the Washington rally, according to media reports. Capitol Police and security officials are already on alert and have been weighing whether to reconstruct the fence that surrounded Capitol Hill after the insurrection.
Capitol Police Chief Tom Manger told the Associated Press on Sept. 1 that his department was “closely monitoring September 18 and we are planning accordingly.”
According to Manger: “After January 6, we made Department-wide changes to the way we gather and share intelligence, internally and externally. I am confident the work we are doing now will make sure our officers have what they need to keep everyone safe.”
Despite Braynard’s efforts at non-violence and lawfulness, security experts are wary. Andrew McCabe, former Federal Bureau of Investigation acting director, warned in a CNN interview on Sept. 7 that the rally should be treated as a potentially violent threat.
“I think they should take it very seriously,” McCabe, a CNN contributor, told interviewer Poppy Harlow. “In fact, they should take it more seriously than they took the same sort of intelligence that they likely saw on January 5.”
But for law enforcement officers there are “a few factors leaning in their favor” this time, said McCabe. “You don’t have a sitting president actively fanning the flames and trying to get people to attend the rally. And on the other hand, it looks like, from all indications, our law enforcement partners are well prepared for this one. They seem to be taking the intelligence very seriously, which raises a question as to whether or not they did on January 6, but that’s another issue.”
Southwest Florida will be marking Sept. 18 with its own “Patriot Fest” at the rural North Naples farm of Francis Alfred Oakes III, known to the world as “Alfie,” owner and operator of Oakes Farms and Seed to Table market.
Oakes’ Patriot Fest is scheduled to feature a number of speakers including Rogan O’Handley, a conservative commentator who goes by the stage name “DC Draino;” Jack Prosobiec, a One America NewsNetwork commentator; and Anna Paulina Luna, a Republican congressional candidate in Florida’s 13th Congressional District, where she lost in 2020 to Rep. Charlie Crist (D-13-Fla.).
According to its announcement, Patriot Fest will feature food trucks and entertainment by politically conservative musician Jason Beale. It costs $20 to attend and $200 for deluxe tickets—although Eventbrite, which initially took reservations, decided to drop the event, refused to handle arrangements and refunded all the tickets it had taken.
As a committeeman in the Collier County Republican Party and a prominent conservative activist, not to mention a farmer and grocer promoting his businesses, Oakes is very much a local public figure. However, Oakes, who has become famous—or infamous, depending on one’s perspective—for his far right, Trumpist politics, fierce opposition to anti-COVID masking and vaccinations and pronouncements on social media, has gone to a level that merits special attention.
Starting in early August, Oakes openly called for rebellion against the US government and did not mince words: “I think the time has come for us to revolt against our tyrannical government,” he stated on Aug. 6 on Facebook.
Then, on Aug. 8 he posted a photo of himself firing an automatic weapon, writing: “I pray we have election integrity in 2022…. if we don’t we must prepare for the worst! Our second amendment right is specifically to revolt against a a tyrannical government! Prepare for the worst and pray for the best” [sic, no punctuation at the end of that sentence].
On Aug. 14 the thread continued: “Ivermectin beats Covid hands down! Anyone with the slightest bit of Critical thinking knows the government is screwing over the people! And nearly every crooked politician in DC is guilty of letting this happen! Time for the Revolution !!!”
Then, on Aug. 16, the threat became direct, aimed at civilian teachers: “These corrupt teachers unions are the enemy of our country and our citizens! We need to take them down by force!! ALL enemies foreign and domestic !!! Time for a revolution!”
As extreme as these expressions are, they can arguably count as free speech under the First Amendment. They can also be regarded as inflated by passion and hyperbole—except that on Aug. 20 Oakes dialed the volume up to 11.
On Aug. 20 and 21, like-minded conservatives gathered, unmasked and undistanced, at the Naples Hilton to hold the “We the People Fight Back” event, an activist workshop and conference.
In a rambling address that veered from COVID to the nation’s founders, Oakes told his audience: “I’m telling you that my threshold of where this goes to, like, the next level is getting close for me.
“I don’t know if it’s going to be ‘before’ but if they try to steal the next election, the ’22 elections, I’m all in. We don’t want to talk about what that is but we have to be all in,” he said to cheers from the audience.
But it was his next sentence that merits particular attention: “I have enough guns to put in every single employee’s hands.”
If his statements are taken at face value that would mean that Oakes is saying he owns the weaponry to arm 3,200 people. That’s the equivalent of three US Army battalions and two companies, a formidable force that could give any local—or even state—law enforcement agency a serious challenge. If true, it is by any measure a massive arsenal to be held in private, civilian hands.
When combined with his previous statements calling for revolution and the use of force against teachers, he is now talking about an unregulated militia that could threaten the security of the state.
Of course, that’s only if Oakes’ words are taken on their face as true.
In the past, numbers and accuracy have not been Oakes’ strong suit. For example, in a Jan. 10 Facebook posting, he put the size of the crowd at the Jan. 6 insurrection at “well over one million people” and then “1 1/2 million” and the number of leading rioters as “six or eight paid actors.”
Presumably he would be more accurate when it comes to accounting related to his business.
It sounds like he can command an imposing force. But even if, as he states, that he can put guns in the hands of all 3,200 employees it cannot be presumed that all employees, already facing the daily risk of working in an unmasked, anti-protective, COVID-denying workplace, would want to take on the additional danger of using lethal force against the United States in a rebellion led by Alfie Oakes.
Also, his comments don’t make clear whether he could mount a sustained operation. Nor does it make clear the quality or caliber of his weapons. Nor is it clear that he has the command, control, communications, logistics or support to make such a force effective in achieving its mission—whatever that mission might be.
Still, in an era when a single active shooter with a single magazine can tie down a town, a shopping mall or a public intersection, any armed rebellion can prove, to put it mildly, extremely problematic, as witness the siege of Waco, Texas in 1993.
At the very least, the situation bears monitoring.
A case of the maybes
At this point, nothing is foreordained for Sept. 18.
In Washington, DC, Braynard is calling for an orderly, disciplined and focused demonstration. In Naples, Oakes is throwing a party at his house.
So maybe all the fears are just alarmist. Maybe on Sept. 18, protesters in the nation’s capital will peaceably assemble to petition government for a redress of grievances. Maybe there will be no violence or insurrection.
And in Naples, maybe Patriot Fest will consist of good times, good food and speechifying. Maybe there will be no calls for armed revolt or acts of insurrection.
Maybe Sept. 18 will be just another Saturday in September.
Starting today Lee County students and teachers will be required to wear masks for the next 30 days, a mandate imposed by that county’s school superintendent, Kenneth Savage.
It comes after a judge’s ruling against the governor’s mask mandate ban and a tumultuous school board meeting at the School District of Lee County headquarters in Fort Myers on Monday, Aug. 30, that resulted in violence and arrests.
It’s just part of a changed landscape—biological, political and environmental—in Southwest Florida and around the nation following an awful August.
Might September be better? What are the prospects politically and environmentally?
It’s time to take a survey, or a “tour d’horizon,” to use a French military term, of the challenges likely to confront us in the month that now looms ahead. Forewarned is forearmed.
COVID and consequences
In August, COVID-19 and especially its Delta variant took the lives of 25,408 Americans, according to the Johns Hopkins University Coronavirus Resource Center. Of those, 4,900 were Floridians.
The change of the calendar will not alter the challenge of COVID. What is more, with Gov. Ron DeSantis’ (R) executive order banning mask mandates having been overturned in court (although under appeal) the battle over school mask mandates will likely rage on.
A handful of significant local September dates loom as this situation proceeds.
Sept. 8: The Collier County Public School Board will hold its regularly monthly meeting. If a mask mandate has not already been imposed, the subject is likely to be discussed.
Sept. 14: The Lee County School Board will hold its regular monthly meeting and the mask mandate is likely to be debated again.
Sept. 30: Lee County public school officials and Board members will have to decide whether to renew the mandate.
Increasingly it appears that school authorities, simply cannot indulge and accommodate anti-mask and anti-vaxx parents and activists. With the danger to school-age children clear and present, mandates are being imposed by necessity regardless of the opposition by anti-mask parents—and the governor.
Another September date has significance beyond just Southwest Florida schools:
Sept. 20: Vaccination booster shots are expected to become widely available.
Climate and consequences
September is the most active month for hurricanes and tropical storms. Louisiana and the western Gulf coast are still digging out from Hurricane Ida and will be for months.
To date Florida has been spared the worst of the weather but there’s no telling if that will hold. It has been a very active Atlantic hurricane season.
Politically, natural disasters tend to favor incumbents if they handle them well. Floridians—in the Southwest and throughout the state—should watch their state and local officials’ response if the worst happens here. Are they focused, responsive and credible when the storm approaches? Do they sound the alarm responsibly with sufficient time for residents to prepare and evacuate? When the storm passes do they take action to aid the afflicted and work effectively with other governments (state and federal) to assist impacted areas?
In addition to the threat of storms, this year there is a red tide bloom that appears to be drifting southward from Tampa Bay. As of this writing it was reaching northern Lee County beaches and barrier islands.
Will the tide reach further south in September? There’s little that residents can do to stop it but business owners, restauranteurs and tourism-based enterprises need to prepare to cope with a blooming September. Local officials and representatives can prepare now to assist Lee, Collier and Charlotte county businesses if they’re hurt by the bloom.
Congress and consequences
For the US Congress, September is going to be a jam-packed month.
President Joe Biden’s $1 trillion infrastructure plan and a $3.5 trillion budget already passed in the House will be moving toward final approval.
As part of its efforts to clean up the environment and combat climate change, the infrastructure bill holds promise of resources for Southwest Florida.
Southwest Florida Reps. Byron Donalds (R-19-Fla.) and Greg Steube (R-17-Fla.) oppose both measures. Donalds, who sits on the House Budget Committee, was particularly vocal in his opposition.
Two larger elements will complicate all congressional deliberations.
One is the fallout from the Afghanistan withdrawal. There is no doubt that the scenes of chaos and retreat will hurt Biden and impede passage of his domestic agenda. They have already created an opening for Republicans to attack him. Donalds and Steube joined a group of Republicans calling for Biden’s resignation, a publicity stunt that will go nowhere. (Interestingly, Rep. Mario Diaz-Balart (R-25-Fla.) did not join the resignation movement.)
The other is the work of the United States House Select Committee on the January 6 Attack. As it proceeds with its investigation and hearings it will throw a spotlight on the events of Jan. 6, 2021, former President Donald Trump’s role in it and the role of his congressional allies.
None of the Southwest Florida congressmen appear to have played significant parts in the insurrection and attack on the Capitol, so they’re unlikely to be in the spotlight as enablers or accomplices. However, the involvement of other Southwest Floridians could emerge as the investigation continues.
Analysis: A better September?
For Southwest Florida, which is so far both intellectually and physically from Afghanistan and Washington, DC, the single overriding issue going into September is surviving and containing COVID. It is literally a matter of life and death.
As COVID has taken its relentless toll, the intensity and volume of COVID-precaution opponents has grown louder and more emotional. Ironically, as COVID-deniers are less able to rely on reason or data to oppose mask mandates, COVID precautions or vaccinations, they’re dialing up the fury to compensate. Instead of logic, they’ve offered rage; instead of argument, they’ve offered rants; instead of masking, they’re infecting.
If it were only their own lives at risk they could take their chances without harming others but they can’t. In ten days of school, 600 cases of new COVID infections were reported in Collier County, according to the Naples Daily News. A Lee County school system dashboard showed 2,655 cases, according to NBC-2 News.
The soaring rates of infection and the obstinate and increasingly emotional refusal of so many local residents to accept simple precautions like masks or vaccinations make the area a COVID Delta hotspot. In addition to the tragedy of the people who are going to be killed or permanently impaired by the disease, the area’s national reputation as a dangerous location is going to grow.
That reputation will have real, on-the-ground implications for the area’s businesses, tourism and hospitality.
September is usually a time when full-time residents flee the area. The heat is hottest, the storms are most likely and tourist season hasn’t started yet, so streets, restaurants and shops are largely deserted. For businesses, though, it’s also a time to start preparing for season.
If, under DeSantis, COVID continues to ravage Florida and if Southwest Florida’s COVID-deniers continue making as much noise as they are, the attractiveness of the Paradise Coast is likely to precipitously decline as a tourist destination and a place to do business.
On top of that, the hostility toward immigrants and efforts to curtail immigration that were begun during the Trump administration are bearing fruit, manifesting themselves in the labor shortage the area’s businesses are experiencing.
Add to that the likelihood of a major red tide bloom, the result of the Piney Point mining waste stack being pumped into Tampa Bay in April.
As of right now, far from a better September, Southwest Florida seems headed for a perfect storm of COVID, climate and controversy that will combine to hurt the area going into 2022.
But Southwest Florida residents and their leaders have some options: If they ignore the naysayers and anti-vaxxers, get vaccinated and receive booster shots, they might just flatten the COVID curve and at least make the region less of a hotspot.
If officials and local governments acknowledge the reality of climate change—which they are increasingly doing—they can prepare for the storms and algal blooms that are part of life in Southwest Florida. Preparedness, resilience and realism can go a long way toward mitigating the worst impacts of environmental instability.
If Southwest Florida’s representatives in Tallahassee and Washington, DC cease acting like two-dimensional, rigid, ideological cartoons and instead work for the actual good of their people and the region, they may actually win the state and federal support and assistance that the area needs to cope with the challenges ahead.
It’s a tall order and a lot of ifs. But hope springs eternal.
August is the cruelest month in Southwest Florida. Every year there’s heat, humidity and hurricanes. For school-age children there’s the prospect of returning to drudgery in hot classrooms.
This year, though, there’s also the COVID Delta variant stalking the region, attacking the unvaccinated and driving a spike in severe hospitalizations.
For students, while entering a classroom might be a welcome relief from remote learning, there’s the added danger of COVID infection, heightened by resistance to masking by COVID-denying parents and an anti-mask governor. In one instance, one local parent of an 11-year-old left a school orientation that took place in a crowded cafeteria full of coughing, unmasked parents.
There’s no doubt that current stresses will change the politics of Southwest Florida. But what is the likely final result?
Delta, Delta, Delta—it’s the one dominant story. But then, it’s literally a matter of life and death.
It’s fair to say, though, that the state of Florida is experiencing a roaring contagion that, as of this writing, has led to it being widely characterized as the epicenter of the current outbreak.
Though the available vaccines have been shown to be effective, Southwest Florida remains a stubborn stronghold of anti-vaccine (anti-vaxx) sentiment.
That sentiment was in evidence at the beginning of July, when the Naples Community Hospital (NCH) sent a letter to employees encouraging them to vaccinate. That brought a strident anti-vaxx reaction.
“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…” Alfie Oakes, the extremist conservative farmer and grocer stated in a July 9 Facebook post.
At the end of July NCH changed its encouragement to a requirement for employees.
On Aug. 1 anti-vaxx demonstrators gathered outside NCH in North Naples to protest the hospital’s mandatory vaccine policy.
Rather than cowering before the protests, NCH hit back in a defiant riposte:
“The NCH Medical Executive Committee unanimously endorsed NCH Healthcare System’s new vaccination policy on Friday. NCH leads the region in implementing this policy in order to take steps to further safeguard the health and wellbeing of our staff and patients. The new COVID variants are much more transmittable and at least 5x more contagious than previous COVID variants. Over 90 percent of COVID inpatients are unvaccinated and 100 percent of ICU patients are unvaccinated. We are seeing younger people sicker and this has become an unvaccinated pandemic.
“NCH is a leader in SWFL with this decision. However, we are seeing the vaccination support among large employers outside of healthcare like Google, Publix and Disney. NCH joins more than 75 health systems nationally who now require employees to be vaccinated. The Mayo Clinic is requiring all employees to be vaccinated by September 17.”
NCH’s dismissal of the anti-vaxxers and the rising defiance of the Lee and Collier County school districts to Gov. Ron DeSantis’ (R) prohibition of mask mandates indicate a quiet determination by Southwest Floridian officials to respect science and follow health protocols. They are taking stands regardless of opposition, no matter how emotional the protests or how highly-placed the political dictates from Tallahassee.
For a politically conservative region it’s a rare instance of dissent that may have a lasting impact.
Desperation and fragmentation
As the Delta variant proves its reality and the country forges ahead under President Joe Biden, the pronouncements and protests of local Trumpers and anti-vaxxers are sounding more strident and desperate.
The next local Trumpist event takes place on August 20 and 21 in Naples—the days before what has been a rumored reinstatement of the former president on Aug. 22.
The event is the “We the People Fight Back Event” scheduled to be held at the Naples Hilton Hotel. Twenty-five far-right conservative speakers are on the program, although unannounced speakers have been known to show up for such occasions.
“America is in a state of emergency with a radical Democrat leading us further into the dark abyss as he rips out every thread of Conservative values that is woven into the fabric of our nation,” proclaims the event’s website. “Cowering to the liberal left isn’t an option and hiding in fear of cancel culture will not save the future of our country.”
The event is organized by former Republican congressional candidate Christy McLaughlin of Ave Maria, along with John DiLemme, founder of the Conservative Business Journal. It promises 25 speakers including McLaughlin and Oakes. It also has 10 business sponsors.
But despite being listed as a speaker at the Hilton, Oakes also felt the need to organize his own one-day “Patriot Fest” to do essentially the same thing—or perhaps the Hilton event wasn’t extreme enough. His Fest is scheduled for Sept. 18 at his farm in Naples and has four business supporters and 10 speakers including Shemane Nugent, wife of extreme conservative musician Ted Nugent. In April Nugent announced that he had tested positive for COVID-19 a week after playing before an unmasked crowd at Seed to Table.
The Hilton event charges $247 to attend and $124 per night to stay at the hotel. Oakes is charging $200 for VIP tickets and $25 general admission for his one-day event.
Oakes, however, faced a unique problem: “the liberals at eventbrite [sic] just unpublished our Patriot Fest and refunded everyone’s tickets because apparently a bunch of patriots getting together doesn’t follow their ‘community standards,’” he complained on Aug. 6 —leaving him to scramble to find a new way to collect admission fees.
Oakes has called vaccines “Fauci’s poisonous cocktail” and guests at such gatherings are unlikely to have been vaccinated.
While not explicitly stated, neither the Hilton conference nor the Patriot Fest is likely to require masks, distancing or take any other COVID precautions.
They should be the superspreader events of the season.
Analysis: The rising sensible center
In the short term, given the transmissibility of the Delta variant and its lethality, much of the hard-core anti-vaxx population is likely to self-select itself out of existence in the coming days.
From a strictly political calculation, this will mean fewer conservative voters and a diminution of extreme anti-vaxx agitation as these voices are permanently silenced.
But the really interesting phenomenon in Southwest Florida is seeing relatively apolitical people and officials who might have previously acceded to the passion and insistence of extremist activists begin to resist, however quietly and subtly.
All these are indications that the old Trumpist trinity of denial, dismissal and delusion is being demolished.
The stakes are so high and the consequences are so dire that thinking people simply can’t go along to get along any more. After all, going along with a far-right, extremist anti-vaxx agenda is a death sentence.
Bit by bit, mask by mask, shot by shot, vote by vote, decision by decision, what former general Colin Powell once called “the sensible center” is reasserting itself.
All this will find political expression at the voting booth in 2022. Will this sensible center have enough heft, enough persistence and enough memory to vote for sane and science-supporting candidates and parties?
DeSantis, his political allies, the Trumpers and the anti-vaxxers are betting that in the year, two months and 27 days before the 2022 election the pandemic will be over and the vast mass of voters will forget the death and disease currently ravaging Florida. Instead, like amnesiacs, voters will celebrate anti-science, anti-health policies as great economic successes.
It is as though Florida is a casino and DeSantis and the COVID-deniers are playing a poker game with Death as the dealer, using Floridian lives as chips.
They may think the odds are in their favor. But more likely, as in any casino, the house always wins.
Highlights and impressions of the debate over a ‘Bill of Rights sanctuary’ ordinance
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.
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.)
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.
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.
“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.
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.
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.”
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.
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.
“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.”
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.
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
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.
An in-depth look at dueling definitions of ‘sanctuary’ in America and Southwest Florida and what they mean for the future
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?
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.
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
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 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 “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.
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.
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.
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… .”
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.
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.”
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.”
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.
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.
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.
(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.
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.
Collier County, Florida residents now have a new weapon against voter intimidation.
Yesterday, Oct. 27, the Collier County Sheriff’s Office announced that callers can send photos and videos to 911 dispatchers when they call.
This means that any instances of physical voter intimidation or suppression can be recorded on mobile devices and sent live to police as they are happening.
Collier County is the first county in Florida to have the capability. It is part of a national effort to upgrade the 911 system to give it new capabilities in line with advances in personal technology.
“We have always told our community, ‘See it, say it’,” Collier County Sheriff Kevin Rambosk stated in a Facebook post announcing the new capability. “Now we can tell them, ‘See it, say it, send it.’ The more information first responders have, the quicker they can help, and a picture is worth 1,000 words.”
Rambosk, whose law enforcement background is in communications, has worked to keep Collier County policing on the cutting edge of technology. In 2014, Collier County was the first agency in Florida to enable 911 callers to send text messages to dispatchers.
“We are always looking at technology to identify ways we can enhance public safety here in Collier County,” Rambosk stated.
The new cloud-based technology enhances law enforcement and emergency management capabilities in a wide variety of circumstances, including disaster and crime response, missing person searches and accident assistance.
While there have been no reported instances of physical intimidation of voters in Collier County so far this year, there was an incident in Lee County on Oct. 22, when Trump supporters approached a polling place in trucks in a threatening manner.
With the new capability, voters in Collier County can call 911 or the Sheriff’s Office non-emergency number (239) 252-9300 and send photos and/or videos to dispatchers, who will forward those videos and images to first responders.
Engineers and technologists have been trying to upgrade the 911 system since the advent of cell phones and wireless technology. Nationally, there is a program called Next Generation 911 to get new capabilities implemented across the country. The chief capability being sought is enabling dispatchers to determine a caller’s location from his or her cell phone but that has not been achieved yet. (For a 2016 slide presentation on Next Generation 911’s capabilities and challenges, see “Next Generation 911 and FirstNet: A Natural Partnership.”)
In Florida, funding for Next Generation 911 was supported by a fee added to every mobile phone bill. However, during his administration Gov. Rick Scott (R) determined that the fee was a tax and eliminated it, setting back state efforts to advance 911 capabilities.