One more for the road...

I don't know if Senator Clinton is an optimist or a pessimist or a realist. But no matter how she views the world or her campaign to be the Democratic nominee for President, it would be hard to miss the cue at this point. It's time for Hillary Clinton to step aside. I believe that in her speech given last night, she began to step off the stage, acknowledging on some level that the math itself prevents her from moving forward.

Actually, the speeches from Senators Obama and Clinton struck a conciliatory note, at least to my ear. They each took steps to begin a healing process that will be critical for a Democratic victory in November. There are still some issues on the table. What to do about Michigan and Florida? Obama looks ready to let her have her share of Florida and to split Michigan down the middle. Now that it's clear he can do that without upsetting his lead, or even his now-inevitable nomination, I believe it's the right choice for him to make.

There's a primary calendar that could be problematic. West Virginia on the 13th looks like it will go heavily for Senator Clinton. If she leaves the race today, but still wins in WV, it could be an embarrassment to Senator Obama and a media circus that would benefit McCain.

So, I say stick it out until the 13th, Senator Clinton. Make it one more victory for the road. Continue to be gracious, as you were in your speech last night. Fire Mark Penn. Put the Big Dog's leash back on. Don't spend a dime. You and Bill sit down with Barack and Michelle. Hang out in WV for the week. Win it, and, on the night of the 13th from Wheeling or Morgantown or Charleston -- or maybe even from Chicago -- give the speech we all need to hear. Hang it up, endorse Senator Obama (you are the ultimate Super Delegate), and help him heal the party and head to victory in November.

A Reminder For The April DPC Meet And Greet Tonight At Tastings

Who: Democratic Professionals Council
What: Monthly Social
Where: Tastings 1515 Prudential Drive Jacksonville, FL 32207 Phone: 904-346-0605
When: TONIGHT, April 24, 2008 at 6 pm

The Jacksonville Chapter of the Democratic Professionals Council (DPC) would like to invite you to our monthly social, to be held at Tastings on the Southbank.

The DPC seeks to re-engage and strengthen Jacksonville area professionals with the Democratic Party. With the upcoming 2008 Presidential election, as well as a host of other local, state, and federal races, now is a great time to get out and network with your fellow Democrats. With that in mind, we have also extended invitations to the area candidates to join us for this event.

For those of you who aren't familiar with Tastings, it is a wine sampling bar that also boasts a great beer selection and appetizers.

Please visit http://www.democraticprofessionalscouncil.org/ for more information and sign up to receive regular event invitations and announcements.

JaxOutLoud.com expirements with citizen activism..

Over at JaxOutLoud, it's always been our goal to help the residents of Jacksonville interact with the government in productive ways. We want to make sure the people of Jacksonville have an opportunity to have their voices heard in matters that affect us all.

Not everyone can make it to committee meetings during the day or even to City Council meetings in the evening hours. We believe the internet is the most effective tool for putting the people in touch with their representatives. To that end, we have a bit of an open beta concerning Bill 2008-206 and the Dick Brown litigation against the City.

Check it out...

Harden & Brown vs. Jacksonville!

Oh boy. Here we go.

Everybody's favorite above-the-law lobbyist has taken the must-win case of above-the-law Dick Brown to open the At-Large Group 2 ballot to anyone and everyone who lives within the Group 2 boundaries.

I'll be back to offer a more detailed legal analysis of the complaint and supporting documents.

Check out the JaxOutLoud thread where you can download a copy of the complaint.

On first glance, it appears Mr. Brown is hanging his hat on the flawed premise that Mr. Jabour resigned from the Jacksonville City Council on 2/28/08. Stay tuned...

Riverkeeper Takes Legal Action: Administrative Appeal Filed

Passing this along. My editorial comment is: Go, Neil, go! Save our American Heritage River!!!
From the release:

On Tuesday, March 4th, St. Johns Riverkeeper official filed for an administrative hearing to challenge the permit request from Seminole County to withdraw an average of 5.5 million gallons of water per day from the St. Johns River for irrigation purposes...

Fore the full scoop, check out the PDF release.

Harms vs. Graham on 8/26

It's official. Theresa Graham has elected to run against Bob Harms for the Jacksonville City Council, At-Large Group 2, seat on the primary ballot.

Bob Harms is a good and honorable man and a champion of the citizens of Jacksonville.

Theresa Graham is a close associate of Randall Terry and an unknown in Jacksonville political circles.

It will be an interesting race, one in which I believe Mr. Harms carries many advantages.

Jabour Makes It Official

Jay Jabour has decided to give up his legal battle and this evening acknowledged his removal from the Jacksonville City Council. Our laws are serious business and should be followed, especially those which govern the election of our representatives.

Voters in Jacksonville should always be represented by people of strong morals and high ethics who follow the rules. While I was personally outraged by Mr. Jabour's tactics in seeking office, I have to credit him with a graceful statement upon his removal. The citizens of Jacksonville, though, deserved better. His votes to raise our taxes and break the covenant with the people of Arlington will be the low-points. They will also be his legacy on the Council.

Jabour had no choice but to acknowledge the Court's order removing him from office. There was no further appeal route available to him.

A Face Meant For Radio

Oh yes, I have a face for radio. The format loves me.

Check it.

Let me know what I screwed up on. What should I have said? What shouldn't I have said?

Fascinating stuff!

Harms Wins! Jabour Loses! Jimmy rejoices!

The result is not what surprised me. It was the speed with which the First District Court of Appeal handed it down. Though, like I was telling some friends at dinner last night, it doesn't take long to write three words: Per Curiam Affirmed.

There is a period of 15 days in which Mr. Jabour's attorneys can request a rehearing. The entry of the Judgement will be delayed until 1) the end of the 15-day period or 2) Mr. Jabour asks for a rehearing and the Court denies the motion.

The speed with which the 1st DCA returned their ruling leads me to believe that they would immediately deny the Motion for Rehearing as that Court has shown that the law is clearly on Mr. Harms's side.

But Jimmy, what about the Florida Supreme Court?, you might be asking. The Florida Supreme Court does NOT have jurisdiction to hear this case. In order for a case to progress beyond the District Court of Appeal and to the Florida Supremes, the DCA must certify that the question is one of "great public importance" due to some conflict of law. There is no conflict of law here. The facts and the law support the trial Judge's ruling and so support the affirmation of Judge Nachman's decision at the appellate level. The case is over.

Now the fireworks begin. And I'll post more about what they will look like when I know. Props belong to Tony, who I think broke the news to most of my crew...

Timing the Sunrise

My friend Jim Minion has been looking at the timing of when the Times-Union broke their investigative reporting on the Sunshine ethics scandal. His basic premise is that the TU timed the release of their journalism for after the spring 2007 elections in order to assist incumbent Councilmembers in their bids for re-election. Further, that the TU went on to endorse incumbents who they had a reasonable suspicion of being law-breakers and public trust-betrayers. The TU responded and you can read all about it today at JaxOutLoud. As someone likes to say: every issue is worth getting into.

Island Living in Jacksonville

No, this isn't a post about our Beaches communities. Just stay with me: there's a payoff at the end.

As a native of Jacksonville, I've come to realize something important, critically important, about this town. It's a city made up of islands. The conventional wisdom is that Jacksonville is backwards in its thinking, run by the Good Old Boys, and anathema to new ideas and progressive thinking in general. The zeitgeist that forms the basis of the conventional wisdom comprises the ocean of ignorance for which Jacksonville has heretofore been known.

But Jacksonville is dotted with islands that buck the conventional wisdom. We have a resurgent local Democratic Party, which we need for civic balance. Corruption is the result of any system that is tilted so wildly out of balance. See, the current Duval GOP. See also, the Duval Democrats in the 60s and 70s. There are new voices rising to challenge the JTA's lame-brain mega-bus scheme at MetroJacksonville. JaxOutLoud has become a voice for systemic political change. Arlington residents are energized about the broken promises surrounding Craig Field. RADO has attracted a nucleus of new-thinkers concerned with reserving the effects of White Flight. Pioneers in Springfield have been doing the same for ages. The local GLBT community is finally having an impact and getting noticed. A progressive radio station is giving a voice to so many new ideas and perspectives. And bloggers like Downtownparks, Colony Jax, Hemming Plaza, The Urban Core, Folio, and Urban Jacksonville are stirring up lots of new ideas and organically linking them together on the web.

And then we, each of us, have our own personal islands in the sea of Jacksonville. Our close circles of friends, family, coworkers, parishioners, and associates who we relate to and with on a daily basis. The people who are, for me at least, my balm against the dominant zeitgeist in this town and the people who are, for me at least, the reason why I stay and fight. The people who embody the Jacksonville possible.

So, we have a sea of corruption and negativity. We have islands of new thought and hope for the future. The key is to build bridges between our islands and reach out to as many people as we possibly can who are ready for something new in Jacksonville. Reaching out to others can be difficult. It involves a number of risks. While it's not always easy to do, please know that it's never been easier than it is today.

I've come to believe that to solve our problems and create unconventional wisdom in Jacksonville is to find new ways to unite the islands that we each take for granted. The concept of social networking and mapping is a key to unlocking Jacksonville's potential. Yes, we're surrounded by a status quo that will fight like hell to maintain itself. But we have new weapons in our arsenal in Jacksonville. We only have to use them to our ultimate advantage. I already see the seeds of that renewal beginning to take root. There is much energy pent up and ready for action. Bridges are being built between our islands. Emissaries and new leaders are identifying themselves. Change is coming soon to New Cowford.

Oh, you were promised a payoff if you stayed with me. When we strengthen our connections with each other and turn this kinetic storehouse into motion, bridge the divides, and work together, we'll remake our City as something that looks less like Southeast Georgia and more like the State of Florida (which, we're told, begins here, after all). I can't imagine a better reward for good deeds.

Protect This... Marriage!?

Since the Florida Secretary of State has certified the petitions of the so-called Marriage Protection Amendment and it will appear on the Florida ballot in November, people have been asking me what it's all about. It's a measure that is designed to enshrine within the Florida Consitution hateful discrimination. If passed, there are many other negative unintended consequences that will flow from it.

First, to understand it, you have to look at it as what it is: an election-year wedge issue that is designed to help the Republicans win Florida. If you look at the last Presidential election cycle in 2004, similar ballot initiatives were very successful in turning out socially conservative voters, to the Republicans' benefit. This is why the Florida GOP, under Jeb Bush, spent so much money in helping the backers of the Amendment. (Note, interestingly, that Charlie Crist has distanced himself and the state GOP from the Amendment since becoming his party's standard-bearer in Florida.)

There are two things the backers of this Amendment could not have anticipated happening, both of which will result in defeat (less than 60%) for their Florida Amendment. 1) In 2006, Arizona became the first state in the union to reject a ballot initiative designed to enshrine discrimination into a state constitution, paving the way for Florida to do the same. And 2) the likely nomination of John McCain (of Arizona and obvious agnosticism toward same-sex marriage), which will not excite the base of the GOP in Florida.

The so-called Marriage Protection Amendment might get 50% of the vote in November, but no way that it makes it to 60% plus 1. I knew this tired wedge tactic would be DOA when we last amended our state constitution to require greater than 60% of the vote for such a measure to pass. Even in the privacy of the voting booth, there don't exist that many Floridians who would admit to being so backwards in their thinking.

What's most-horrible about this amendment is that it would do away with domestic partner benefits and even invade private legal contracts made by same-sex couples that provide some of the benefits of marriage (hospital visitation, inheritance, etc). It's a shocking attack on individual liberties, speaking as an attorney.

Also, what few people realize is the detrimental affect it could have on seniors. Many older folks, after losing their spouse, will develop deep emotional bonds with a new special someone. For lots of reasons (mostly related to hurt feelings of their kids), they don't get remarried, but instead form domestic partnerships that take lots of forms. They could be hurt by this horrible, ill-thought amendment as well.

This is one reason why Florida Red & Blue has been formed to defeat the so-called Marriage Protection Amendment. I support their work and I hope you will too.

A Super Hedge

There's been a lot of talk about politics today and in the past weeks. It's no secret that I was early in Al Gore's corner, hoping that we the people could convince him to be drafted into the Presidential race. Instead, he focused on saving the planet and collected his prizes and trophies and awards. I can't hold that against him.

My second choice never went anywhere, though he holds some influence at this point. He's Bill Richardson and his support will be important to the eventual Democratic nominee. The same could be said of John Edwards who, though was never my choice, impressed me in the debates. His support will also how sway in Denver, or sooner.

It's no secret that I cast my ballot for Hillary Clinton. I early-voted here in Florida before all the bad stuff went down in South Carolina. But, then the bad stuff went down and I began to regret my vote, feeling a little buyer's remorse way too soon.

Then I watched the debate in California last week between Hillary Clinton and Barack Obama. I didn't have buyer's remorse anymore. Hillary rocked the debate. But... but... Barack did too. I was supremely impressed by his responses to questions on Iraq and hope for the future of our country. Forget buyer's remorse: now I want two-for-one! I could support either (or, though unlikely, both) in November.

For the first time in a long time, I feel very good to be a Democrat. We have two fine, capable, wonderful candidates who are ready to lead beginning at noon on January 20th. The Republicans have Huck McRomney. It feels good to win. And I say that nearly two hours before the polls begin to close on Super Tuesday.

Corruption Consumes Jacksonville

Yesterday afternoon at 4:30 p.m., after having been under Court-imposed seal since January 18, the Presentment was released by the Duval County Grand Jury that was empaneled to investigate numerous violations by the City Council of Florida's open government laws. During the Grand Jury's term, additional wrong-doing on the part of the Mayor's office (awarding no-bid, high-value contracts to his pals) was added to the agenda. Remarkably, no criminal charges were brought, though the Grand Jury took note of several "technical" violations of the law.

It is a sad day for justice and another sad day for Jacksonville. The Presentment states that meetings and conversations took place outside of the Sunshine, though none rose to the level of criminal infractions. However, the Presentment also says that past and present members of the City Council, under the pains and penalties of perjury, stated that they had neither intentionally nor unintentionally held such meetings or discussions. This internal inconsistency in the Presentment is most troubling to me as an attorney. I believe now that there was intentional perjury if not overt obstruction of justice in the seemingly coordinated testimony before the Grand Jury.

I am personally frustrated that once again they've gotten away with it. Jacksonville deserves leaders who are honest and forthright. We the people are entitled to know that our business happens in our view. We've been disappointed again by the conduct of those elected to the public trust. What sends me around the bend is that these developments will have a negative effect on public engagement in the civic life of this City. Instead of whipping people up into a revolutionary frenzy, which could help to cleanse our government of these wrong-doers, instead people will be further turned off and alienated from the process. Not only will they have gotten away with it, but the successful culture of corruption will make it even easier for the next batch of questionable leaders to do the same, or worse. We deserve better than we've gotten.

Read the Presentment.
Join the Discussion.