Updates on Alligator Alcatraz, Trump's Miami land grab, and bear hunting season
News and views for discerning Floridians and other Americans
We have major updates on three headline-making Florida issues that have been—and remain—entangled in the courts.
They are:
The future of Florida’s own gulag, Alligator Alley.
The fate of 172 black bears.
The fight over Miami’s land giveaway to Donald Trump.
Alligator Alcatraz
Opponents of Alligator Alcatraz got an unlikely boost this week from, of all places, Gov. Ron DeSantis.
The story is a little entangled, so bear with me.
You will recall that a few months ago, opponents of the detention facility, hastily erected in the Everglades, filed a lawsuit to shut it down.
The Miccosukee Tribe and environmental groups argued in Miami federal court that the sprawling prison was damaging sensitive habitats in the ‘Glades, and that environmental impact studies—required by federal law— should have been conducted before construction began.
During a hearing before Judge Kathleen Williams, federal and state officials denied responsibility, pointing fingers at one another. The feds argued it was the state’s job to apply for permits; the state claimed it was the federal government’s responsibility. Williams didn’t buy their denials.
The Trump administration is the “key driver” for the facility, she ruled—meaning there would be no need for a prison camp in the middle of nowhere were it not for the massive I.C.E. arrests of immigrants, and that federal funds were to be used to run it. Therefore, Alligator Alcatraz is subject to federal rules.
“If it walks like a duck, quacks like a duck, and looks like a duck, then it’s a duck,” she wrote.
The government appealed, as expected, and the Eleventh Circuit Court of Appeals stayed Judge Williams’ order. And then things really fell apart when the federal government shut down, and the appeals court put the issue on ice.
At the time, Florida Phoenix reported:
When the Eleventh Circuit released its order against them, Eve Samples, executive director of the Friends of the Everglades, put out a statement calling the move a ruse to avoid accountability.
“There’s a growing mountain of evidence that Alligator Alcatraz was built in violation of the National Environmental Policy Act,” Samples said. “Meanwhile, the government is dragging its feet in court to dodge accountability — using the federal shutdown as an excuse to delay the appeal.
But a couple of developments have added arguments that opponents might be able to use:
The federal government has issued a check for more than $600 million to the State of Florida to cover costs of the concentration camp—meaning, obviously, it’s the federal government’s gulag.
This week, the DeSantis administration fired back at a group of Democratic state legislators who have sued to be allowed to inspect the facility after they were turned away at the gates.
DeSantis and the state’s Division of Emergency Management argued before Leon County circuit court that the lawmakers are not entitled “to enter Alligator Alcatraz at their pleasure.”
Why?
“The facility is not a ‘state correctional institution’ because it is not a ‘prison’ or ‘other correctional facility. ‘Prisons’ and ‘correctional facilities’ describe facilities that are part of the criminal justice system … Instead, Alligator Alcatraz is a short-term civil detention facility in which illegal aliens are held under the authority of the federal government and processed for deportation.”
You caught that, right?
“…under the authority of the federal government.”
That’s a duck quacking right there.
Unbearable
We will soon have fewer bears in Florida. The state’s new hunting season is scheduled to begin Dec. 6, and this week a last-ditch effort to halt it was denied by a Tallahassee judge.
The Florida Fish and Wildlife Conservation Commission is issuing hunting license permits designed to “harvest” 172 bears during the hunt.
Bear Warriors United sought a temporary injunction, which was denied. However, a larger lawsuit regarding whether the state agency followed a constitutional mandate to use scientific data in determining how many bears should be killed, if any at all, will still go forward.
But that will be too late for some of those woodland creatures.
And about Trump’s Miami monument
Recently, the board of Miami Dade College voted to turn over nearly three acres of prime downtown Miami property adjacent to Freedom Tower to the state to be, in turn, deeded over to a foundation planning the Trump presidential library.
The land is worth millions of dollars, and there was virtually no public notice about the meeting that would have allowed the community to express its views on the decision.
In fact, Miami’s mayor knew about it and was sworn to secrecy.
And so Miami historian Marvin Dunn sued, contending the board violated Florida’s Government in the Sunshine Laws.
The state tried to get it thrown out of court. And failed. And a judge put a hold on the transaction.
Rather than fight it out in court, the Miami Dade College board this week decided to do what they should have done in the first place. They will post a new public meeting to allow community comment, then they will vote again.
That may clear the path for the land’s transfer to Trump through the foundation being run by his family and friends.
But Dunn’s underlying lawsuit—about whether the board broke the law—is still out there. And Dunn told the Miami Herald he isn’t giving up the fight:
“Even if they redo the land giveaway, they still broke the law on their first try, and we will hold them accountable for that. The lawsuit will go forward in the interest of the public in clarifying the meaning of the Sunshine Act. The capitulation of the board does not clear the issue up.”
This is a high-stakes gamble.
The college contends its original meeting notice—even though it didn’t provide details and, therefore, was basically hiding what the meeting was all about—is still legal.
Should the college win, it would seriously damage the effectiveness of the state’s open meeting statutes, which are understood to require enough specifics so that people know what meetings are about. What would be the point otherwise?
But if Dunn prevails, as he should, it will strengthen the law.
The new vote on Trump’s land grab could take place as early as Dec. 2
Related stories:
‘Dragging its feet’: ‘Alligator Alcatraz’ appeal paused due to government shutdown
Breaking News: Appeals Court rules that Alligator Alcatraz is back in business
Court clears way for this year’s Florida bear hunt
More online
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J.C. Bruce, journalist and author, is the founder of Tropic Press. He holds dual citizenship in the United States of America and his native Florida. Forward this email to your friends. They will love you for it.
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I was walking my pup this morning at 6 am and starting wondering what is happening on Alligator Alcatraz. When I read the update, I felt very sad. When I finished reading all three updates, I had to cry for a while.
I'm sad for the bears. It disgusts me that out-of-town hunters can come here and kill our bears. I'm worried that it will be a repeat of 10 years ago. FWC should be made up of biologists, not hunters.