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A Major Trial for Voting Rights in Florida Is Happening on Video Chat A Major Trial for Voting Rights in Florida Is Happening on Video Chat
(about 13 hours later)
MIAMI — Only the judge and a couple of his staff members were in the courtroom when he called the trial to order. The plaintiffs, witnesses and lawyers were at home in front of webcams, awaiting their turns to speak.MIAMI — Only the judge and a couple of his staff members were in the courtroom when he called the trial to order. The plaintiffs, witnesses and lawyers were at home in front of webcams, awaiting their turns to speak.
The most unusual of trials got underway in Florida on Monday in the middle of the coronavirus pandemic.The most unusual of trials got underway in Florida on Monday in the middle of the coronavirus pandemic.
Because of the virus, the participants could not safely travel to the federal courthouse in Tallahassee, the state capital. But the question at hand was too important to put off in an election year: Should people with felony convictions have to fully pay back court fines and fees before regaining their right to vote?Because of the virus, the participants could not safely travel to the federal courthouse in Tallahassee, the state capital. But the question at hand was too important to put off in an election year: Should people with felony convictions have to fully pay back court fines and fees before regaining their right to vote?
Hold the trial too late in the year, and those rejoining the voter rolls, if the court rules in their favor, might not have enough time after all the appeals are over to register before the general election in November. Voters must register by Oct. 5 to be able to vote on Nov. 3.Hold the trial too late in the year, and those rejoining the voter rolls, if the court rules in their favor, might not have enough time after all the appeals are over to register before the general election in November. Voters must register by Oct. 5 to be able to vote on Nov. 3.
And so Judge Robert L. Hinkle of the United States District Court in Tallahassee devised a plan: The trial would take place via conference call, with the judge, witnesses, prosecution and defense on video. The public would be able to tune in via telephone, with audio only, to allay the fear that too much interest might crash the video system.And so Judge Robert L. Hinkle of the United States District Court in Tallahassee devised a plan: The trial would take place via conference call, with the judge, witnesses, prosecution and defense on video. The public would be able to tune in via telephone, with audio only, to allay the fear that too much interest might crash the video system.
The court routinely holds status conferences via phone, and last week, as a result of the pandemic, Judge Hinkle held a small evidentiary hearing by video, his courtroom deputy said. But a full-blown virtual trial over a closely watched constitutional issue?The court routinely holds status conferences via phone, and last week, as a result of the pandemic, Judge Hinkle held a small evidentiary hearing by video, his courtroom deputy said. But a full-blown virtual trial over a closely watched constitutional issue?
“Never,” said Julie Ebenstein, a senior staff attorney with the American Civil Liberties Union, which filed the lawsuit on behalf of some of the plaintiffs. “We’re really grateful that the court has found a way to let this go forward in spite of the circumstances.”“Never,” said Julie Ebenstein, a senior staff attorney with the American Civil Liberties Union, which filed the lawsuit on behalf of some of the plaintiffs. “We’re really grateful that the court has found a way to let this go forward in spite of the circumstances.”
To make the logistics work, Ms. Ebenstein said her team had to ensure that not only expert witnesses but also the plaintiffs seeking to regain their voting rights had the proper equipment to join the trial. Lawyers sent some of the potential witnesses laptops. They have spent the past week practicing to make sure the hardware, software and internet connections all function.To make the logistics work, Ms. Ebenstein said her team had to ensure that not only expert witnesses but also the plaintiffs seeking to regain their voting rights had the proper equipment to join the trial. Lawyers sent some of the potential witnesses laptops. They have spent the past week practicing to make sure the hardware, software and internet connections all function.
Marq Mitchell, one of the plaintiffs, worried that his unpredictable internet might falter during the trial. “Hopefully it works,” he said.Marq Mitchell, one of the plaintiffs, worried that his unpredictable internet might falter during the trial. “Hopefully it works,” he said.
Florida voters resoundingly approved Amendment 4, an amendment to the State Constitution, in 2018. It restored the voting rights of people who had committed serious crimes, other than murder or sexual offenses, done their time and completed probation.Florida voters resoundingly approved Amendment 4, an amendment to the State Constitution, in 2018. It restored the voting rights of people who had committed serious crimes, other than murder or sexual offenses, done their time and completed probation.
Last year, the Republican-controlled legislature passed a bill signed by Gov. Ron DeSantis, also a Republican, requiring the payment of court fines, fees and other financial obligations before a felony sentence could be considered fully completed. Some of the debts amount to tens of thousands of dollars.Last year, the Republican-controlled legislature passed a bill signed by Gov. Ron DeSantis, also a Republican, requiring the payment of court fines, fees and other financial obligations before a felony sentence could be considered fully completed. Some of the debts amount to tens of thousands of dollars.
Civil rights groups saw the law was as an attempt to suppress voting by those convicted of felonies, especially African-Americans and Hispanics who might support Democrats. Tiny margins often decide major political contests in Florida, the nation’s largest presidential swing state.Civil rights groups saw the law was as an attempt to suppress voting by those convicted of felonies, especially African-Americans and Hispanics who might support Democrats. Tiny margins often decide major political contests in Florida, the nation’s largest presidential swing state.
Mr. Mitchell, 30, voted for the first time in his life in the presidential primary, held in Florida on March 17, at the start of the coronavirus pandemic. He cast his ballot in person in Fort Lauderdale and brought along his cousin so they could both vote.Mr. Mitchell, 30, voted for the first time in his life in the presidential primary, held in Florida on March 17, at the start of the coronavirus pandemic. He cast his ballot in person in Fort Lauderdale and brought along his cousin so they could both vote.
“That was great,” Mr. Mitchell said. “I felt extremely empowered, because I understood that I had the ability to determine who would possibly represent our country in a way that I’d never been able to before.”“That was great,” Mr. Mitchell said. “I felt extremely empowered, because I understood that I had the ability to determine who would possibly represent our country in a way that I’d never been able to before.”
Mr. Mitchell cast a ballot despite still owing financial obligations to the court. Judge Hinkle issued a temporary ruling last fall blocking the state law requiring the payment of fines and fees. Lawyers from the A.C.L.U. and other civil rights organizations will argue during this week’s trial that Judge Hinkle should make his decision permanent, and that requiring fine and fee payments amounts to an unconstitutional poll tax.Mr. Mitchell cast a ballot despite still owing financial obligations to the court. Judge Hinkle issued a temporary ruling last fall blocking the state law requiring the payment of fines and fees. Lawyers from the A.C.L.U. and other civil rights organizations will argue during this week’s trial that Judge Hinkle should make his decision permanent, and that requiring fine and fee payments amounts to an unconstitutional poll tax.
Mohammad O. Jazil, a defense lawyer for Laurel M. Lee, the Florida secretary of state, who oversees elections, argued in his opening statement on Monday that the Amendment 4 language that more than 5.1 million Floridians voted for clearly stipulated that felons would have to complete “all terms of their sentence” before voting. Proponents of Amendment 4 said in court testimony and campaign material ahead of the 2018 election that fines and fees would be repaid.Mohammad O. Jazil, a defense lawyer for Laurel M. Lee, the Florida secretary of state, who oversees elections, argued in his opening statement on Monday that the Amendment 4 language that more than 5.1 million Floridians voted for clearly stipulated that felons would have to complete “all terms of their sentence” before voting. Proponents of Amendment 4 said in court testimony and campaign material ahead of the 2018 election that fines and fees would be repaid.
Updated June 1, 2020 Updated June 2, 2020
Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.
Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
More than 40 million people — the equivalent of 1 in 4 U.S. workers — have filed for unemployment benefits since the pandemic took hold. One in five who were working in February reported losing a job or being furloughed in March or the beginning of April, data from a Federal Reserve survey released on May 14 showed, and that pain was highly concentrated among low earners. Fully 39 percent of former workers living in a household earning $40,000 or less lost work, compared with 13 percent in those making more than $100,000, a Fed official said.More than 40 million people — the equivalent of 1 in 4 U.S. workers — have filed for unemployment benefits since the pandemic took hold. One in five who were working in February reported losing a job or being furloughed in March or the beginning of April, data from a Federal Reserve survey released on May 14 showed, and that pain was highly concentrated among low earners. Fully 39 percent of former workers living in a household earning $40,000 or less lost work, compared with 13 percent in those making more than $100,000, a Fed official said.
Yes, but make sure you keep six feet of distance between you and people who don’t live in your home. Even if you just hang out in a park, rather than go for a jog or a walk, getting some fresh air, and hopefully sunshine, is a good idea.
Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.
Charity Navigator, which evaluates charities using a numbers-based system, has a running list of nonprofits working in communities affected by the outbreak. You can give blood through the American Red Cross, and World Central Kitchen has stepped in to distribute meals in major cities.
“The ‘all terms of sentence’ language is clear,” Mr. Jazil said. “That language is unambiguous. That language includes the payment of fines, fees, costs, restitution.”“The ‘all terms of sentence’ language is clear,” Mr. Jazil said. “That language is unambiguous. That language includes the payment of fines, fees, costs, restitution.”
More than 774,000 felons in Florida owe legal financial obligations, Daniel A. Smith, an elections expert and chairman of the political science department at the University of Florida, found in a study submitted as evidence for the plaintiffs. More than 45 percent of the felons he identified owe more than $1,000. Most criminal defendants are indigent when they are arrested.More than 774,000 felons in Florida owe legal financial obligations, Daniel A. Smith, an elections expert and chairman of the political science department at the University of Florida, found in a study submitted as evidence for the plaintiffs. More than 45 percent of the felons he identified owe more than $1,000. Most criminal defendants are indigent when they are arrested.
Florida has no centralized system to determine what felons owe or if they have paid all their court fines and fees. Traci Burch, an associate professor of political science at Northwestern University who testified on the plaintiffs’ behalf, tried to obtain the data from most Florida counties. Some of the largest ones were too costly and burdensome to study, she said, and the information on what a person owed often differed depending on whether the county or a state agency was reporting it.Florida has no centralized system to determine what felons owe or if they have paid all their court fines and fees. Traci Burch, an associate professor of political science at Northwestern University who testified on the plaintiffs’ behalf, tried to obtain the data from most Florida counties. Some of the largest ones were too costly and burdensome to study, she said, and the information on what a person owed often differed depending on whether the county or a state agency was reporting it.
“A returning citizen would face a significant burden in trying to ascertain and pay” their outstanding obligations, Dr. Burch testified.“A returning citizen would face a significant burden in trying to ascertain and pay” their outstanding obligations, Dr. Burch testified.
Judge Hinkle had ordered the state to find a way to assess a felon’s ability to pay. Voting rights groups say no apparent progress has been made. Mr. Jazil said the state has been working on it.Judge Hinkle had ordered the state to find a way to assess a felon’s ability to pay. Voting rights groups say no apparent progress has been made. Mr. Jazil said the state has been working on it.
The trial got underway on Monday with a few technical hiccups. Mr. Jazil’s video froze at first. Judge Hinkle asked lawyers to repeatedly identify themselves, for the sake of the court record and the people following the trial by phone.The trial got underway on Monday with a few technical hiccups. Mr. Jazil’s video froze at first. Judge Hinkle asked lawyers to repeatedly identify themselves, for the sake of the court record and the people following the trial by phone.
“I would usually tell you to step down,” Judge Hinkle told the first witness, Latoya A. Moreland, one of the plaintiffs, once she completed her testimony. “I’m not sure what the way to put it is now.”“I would usually tell you to step down,” Judge Hinkle told the first witness, Latoya A. Moreland, one of the plaintiffs, once she completed her testimony. “I’m not sure what the way to put it is now.”
“It’s a new world, and we’re all adjusting on the fly,” Sean Morales-Doyle, a senior counsel for the Brennan Center for Justice in New York who also represents some of the plaintiffs, said in an interview before the trial. “The main reason why this case is going forward as opposed to others is because it’s a voting rights case, and we have an election in November.”“It’s a new world, and we’re all adjusting on the fly,” Sean Morales-Doyle, a senior counsel for the Brennan Center for Justice in New York who also represents some of the plaintiffs, said in an interview before the trial. “The main reason why this case is going forward as opposed to others is because it’s a voting rights case, and we have an election in November.”