[MichaelP]

Let's hope he sees it right...

[xzins]

Judge Whittemore Case:

Polk County, Fla. school uniforms

School Uniform Policy Gets a Victory Wednesday, January 10, 2001 By JENNA DEOPERE The Ledger LAKELAND -- A federal court judge has handed a victory to the Polk County School District and its dress code policy for elementary and middle school students. Judge James Whittemore granted part of the Polk County School Board attorney's request to dismiss a lawsuit filed in September 1999 on behalf of students and their parents who oppose the district's policy. Whittemore said in his ruling that there was not enough proof in the complaint that the rights of parents or their children had been violated. "The complaint does not contain factual allegations concerning the particular harm suffered by and of the 154 plaintiffs," Whittemore wrote in an order released Friday. "In asserting a claim that the dress code is unconstitutional as it is applied, plaintiffs must set forth facts giving the defendants fair notice of what the plaintiff's claims are and the grounds upon which the claim rests." School Board attorney Wes Bridges said the parents' lawsuit has been confusing. "This has been a very poorly pled case," Bridges said. "You cannot tell which plaintiff goes with what complaint." Whittemore's ruling didn't slam the door on the lawsuit, however. In his ruling, Whittemore said the plaintiffs have 20 days to refile an amended complaint. Robert Norgard, the attorney for the parents, would not answer questions about the lawsuit Tuesday. Bridges said the School Board now has to wait to see what Norgard does before knowing where the case will end up. He said it's not unusual to give plaintiffs a second chance to correct a complaint. Until something else happens with the lawsuit, the district will continue to gather information to prepare for a possible trial in August. The lawsuit was filed after the School Board voted in May 1999 to require school uniforms. The board chose not to include a provision in the rule that would have allowed parents to decide whether their children would wear the mandated uniforms. The rule requires elementary and middle school students to wear navy blue or white tops, plus shirts of colors accepted by individual schools, and navy blue, black or khaki bottoms.

[katieanna]

Why not get on conference call with the attorneys NOW instead of 3:00?

[xzins]

Judge Whittemore case:


Adult club laws must face review
A federal panel says a judge was too quick to dismiss two clubs' challenge of Manatee County's restrictions.
By Associated Press
© St. Petersburg Times
published July 17, 2003

---

BRADENTON - A federal judge must reconsider a decision upholding two Manatee County ordinances that placed restrictions on adult nightclubs, a federal appeals panel ruled.

The decision by a three-member panel of the 11th U.S. Circuit Court of Appeals revives a challenge the Peek-A-Boo Lounge and Temptations II made to ordinances passed in 1998 and 1999.

The first ordinance prohibited private rooms in adult clubs, required lobbies in adult nightclubs, set minimum levels of lighting and allowed deputies to search clubs without warrants.

The second outlawed nudity in public places and prohibited erotic dancers from wearing G-strings and thongs in public, except during "bona fide" performances.

The nightclubs challenged the ordinances in U.S. District Court, claiming they violated the Fourth Amendment's prohibition on warrantless searches and the 14th Amendment's guarantee of equal protection.

Manatee County asked U.S. District Judge James Whittemore to dismiss the lawsuit by summary judgment in January 2001, arguing that adult clubs caused negative secondary effects such as crime and lower property values.

But the adult clubs hired a real estate agent and a researcher to write a market report, using county data, that the clubs said showed no adverse effects from their operations.

"For each and every issue of concern, we showed that the business had no adverse influence," Luke Lirot, an attorney for the adult clubs, said Wednesday.

But the judge sided with the county.

The appellate panel said the judge failed to give the adult clubs' report due consideration.

"We are reluctant to rule without further argument from the parties and findings by the district court," the appellate panel wrote.

The county can appeal the order to the full appellate court or the U.S. Supreme Court or move forward with a trial in district court.

Tedd Williams, Manatee County attorney, said he still had to read the opinion before responding.

[xzins]

Judge Whittemore Case:

HIV-positive Man Gets 15 Years in Prison for Sex with Teen

An HIV-positive New York man received a 15-year prison sentence for having sex with a 15-year-old girl he met on the Internet. Jose Blas, 48, met the girl from Largo, Florida in a chat room last year. He initially told her he was 18 and later showered her with gifts and love notes. He flew down from Forest Hills, New York, last December and spent the day with her at a Pinellas Park hotel. He never told her he was infected with HIV.

Blas and his lawyers said Monday that Blas used condoms, but the girl faces periodic testing to determine whether she was infected. She recently suffered head injuries in an accident and has been in a coma.

Blas was arrested in April. Investigators discovered computer evidence that showed him courting a second teenager, this one in Jacksonville, for a similar rendezvous.

Blas pleaded guilty to two counts of using a computer to pursue minors for sex and one count for traveling to Florida to have sex with a minor. U.S. District Judge James Whittemore granted a prosecution request to exceed normal sentencing guidelines for the first-time offender.

Assistant U.S. Attorney Colleen Murphy-Davis argued that the health risks Blas introduced warranted a higher sentence. “He had sex with her despite the fact that he had a potentially deadly disease,” Murphy-Davis said.

[Associated Press, 12/17/02]

[who knows what evil?]

...if the judge denies Terri food and water, the Republicans will be able to say "we tried our best". That really disturbs me.

[shield]

I'm concerned about this Federal Judge...he's a clintoon appointee...why has he not had the feeding tube reinserted? A hearing at 3PM without reinserting the feeding tube!!! This doesn't look good for Terri.

[ex-Texan]

You may participate in an on-line poll on this site. The poll has just been put up. It records your vote so that you cannot vote more than once.

More Terry Schiavo Reports Here

[xzins]

Judge Whittemore Case:

CBS) State regulators say 90,000 victims were preyed on by people they prayed with, reports CBS News Correspondent Bob Fuss — almost $2 billion ripped off by con artists with religious investment schemes. And those are only the ones they've caught.

In the past three years, securities regulators in 27 states have taken actions against hundreds of companies and individuals that used religious or spiritual beliefs to gain the trust of more than 90,000 investors.

The biggest so far is Gerald Payne, who ran the Greater Ministries International Church, allegedly a $448 million scheme based in Tampa, Fla. Payne, an ailing, 65-year-old minister, was sentenced Monday to 27 years in prison on fraud charges.

"The fact that you used the word of God to perpetuate a fraud is absolutely despicable," U.S. District Judge James Whittemore told Payne in sentencing him Monday.

The organization's promoters used Bible verses — like Luke 6:38: "Give, and it shall be given unto you" — promising the faithful that God would double their money if they gave it to Greater Ministries. Some 20,000 investors nationwide were persuaded to mortgage their homes, run up big credit-card debts or cash in their retirement funds on the promise of huge returns from investments in cargo ships and gold, platinum, silver and diamond mines in the Caribbean and Africa, the regulators say.

[xzins]

Judge Whittemore Case:

Judge sides with whistleblower in dispute
By GRAHAM BRINK, Times Staff Writer
© St. Petersburg Times
published July 11, 2002

---

TAMPA -- In 1998, Jeanette Walden told federal investigators she had information about fraudulent billing at GTE Data Services.

Federal prosecutors took up the case and sent her a letter saying that as long as she provided complete and truthful information, she would not be prosecuted.

So she was shocked when three years later, after cooperating with investigators, she was charged with making false statements, conspiracy and fraud.

"It didn't make any sense," said Walden's lawyer, Michelle Peden.

U.S. District Court Judge James Whittemore agreed, filing an order Wednesday stating that the federal government broke its promise. The government did not contend that Walden committed perjury, made false statements or otherwise wavered from her part of the agreement, Whittemore wrote.

"Accordingly, I conclude that the government unilaterally breached that agreement."

Walden, working at GTE Data Services, began to suspect that some employees were fraudulently billing Blue Cross, Blue Shield. She left the company in 1997 and went to work as a contract employee for Blue Cross.

In 1998, she spoke with Blue Cross' legal department about her allegations and eventually federal investigators became involved. Walden was concerned about her own culpability and asked for immunity from prosecution.

A letter from federal prosecutor Jack Fernandez said she would not be prosecuted for anything she said. Despite cooperating, Walden was indicted last year.

In May, Fernandez, who had left the prosecutors office before Walden was indicted, said he did not mean to grant immunity.

The new prosecutor asked the judge to allow the government to nullify the agreement. The judge was having nothing of it.

[Saundra Duffy]

Call Gov Jeb Bush and demand that he take Terri into protective custody RIGHT NOW in order to investigate outstanding charges of abuse, neglect and exploitation by his very own Dept. of Children and Families.

Jeb Bush's # 1-850-488-4441 - Terri can't wait 'til 3 p.m. today.

[Malesherbes]

The Clinton appointed judge will hear arguments on the case at 3:00 p.m., after he has returned from lunch.

[Zechariah_8_13]

http://www.clickondetroit.com/news/4302770/detail./index.html

Please Freep the poll on the right of the page!

It's incredibly biased in the way it's phrased, but still shocking that the support for Terri's life is only at 17%!

[who knows what evil?]

Bobby Schindler on with Glenn Beck right now...

[NeonKnight]

I hate to see the Feds involved in this, but something has to be done. Shame on the Florida legislature. They could easily have enacted legislation requiring a complete physical examination, including MRI, before any life or death decisions by the family can be implemented.