TALLAHASSEE, Fla. Thursday, March 17, 2005

Florida Supreme Court Denies State Residents Their Unalienable Rights. In this controversy it appears to this commentator that the Fla. SC has denied the state’s citizens their Unalienable Rights to free speech and to have a final say on how their government regulates their life.

The debate centers around an effort to put on the ballot in Florida a proposed constitutional amendment, a Land -Use Ballot Measure known as the "Hometown Democracy" measure. The measure would have required voter approval for any changes to the plans that cities and counties adopt to manage development. Currently this power lies solely in the hands of city and county commissions.

In a 27 page, 4-3 advisory opinion [SC04-1134 & Sc04-1479] to Fla.’s Attorney General, the Fla. high court said the proposed constitutional amendment cannot go on the 2006 ballot because of "emotional rhetoric" in its ballot summary [the court’s regulation of free speech and politics - denial of Unalienable Rights].

The court found a problem with the language "Public participation in local government comprehensive land use planning benefits the conservation and protection of Florida's natural resources and scenic beauty, and the long-term quality of life of Floridians." in first sentence of the summary of the ballot. The court said the ballot summary was fatally flawed because of "impermissible emotional rhetoric that misstates the substance of the amendment."

This commentator finds fault with this as the Declaration of Independence provides:

That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, That whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness.

The rhetoric is no more emotional than the words found in the document that declared our freedom and basic rights, our Unalienable Rights.

This measure has the potential to put the brakes on local government’s use of eminent domain abuse. The abuse that occurs when local government takes your land and give it to someone else for what is claimed to be the econmomic good of the community. [ see Kelo v New London]. The Hometown Democracy measure would also give Florida voters final say over where new homes, shopping malls and roads are built in their communities.

The sponsors [ two environmental lawyers] who are in the opinion of this commentator are doing good work.. According to the AP, the lawyers said they were fed up with crowded highways and schools, lack of green space and uncontrolled development.

This decision makes this commentator question the Fla. court’s understanding of Unalienable Rights and if they have ever read the Declaration of Independence.