Author Archives: Michael Froomkin

UMiami Law Students Doing Good

The Tampa Bay Times has a story about an “alternative spring break program” in which a group of UMiami Law students work in a mobile clinic to help undocumented long-time US residents get deferments from deportation. The story leads with my former Torts student and later research assistant:

Paulina Valanty arrived at the clinic for undocumented immigrants at St. Clement Catholic Church with more than a passing interest.

Valanty, 23, a law student at the University of Miami, used to live in the shadows, worrying about being deported.

“I was undocumented until I was 20. I was very afraid,” she said. “Any time I applied for anything and saw that little box that says ‘Social Security number,’ I was afraid. It was nerve-racking just looking at it.”

Valanty, who today is a citizen, regularly attends clinics like the one held at St. Clement on Tuesday to help young undocumented immigrants seek a change in their status.

Under a modification in federal laws last summer, undocumented immigrants who arrived here as children, brought by their parents, can apply for a deferment to avoid deportation.

Posted in Law: Everything Else, U.Miami | 15 Comments

Attack Ad Aimed at Mayor Jim Cason

Page from anti-Cason attack mailerI don’t think this is going to work nearly as well as they hope.

Yesterday I received my first attack mailer of this Coral Gables Commission Campaign season, one aimed at incumbent Mayor Jim Cason.

I’ve put a full .pdf of the anti-Cason attack mailer online; below I discuss who sent it, and then explain why I think it’s not a very effective piece of advertising.

Whodunnit?

As there is only one other candidate in the race, the mailer must be in support of the challenger, Commissioner Ralph Cabrera. But the mailer is not sourced to his campaign, giving him some degree of deniability.

The legally required sponsorship line reads

Paid electioneering communication
paid for by Citizen Action Inc.
1172 S. Dixie Hwy #250
Coral Gables, FL 33146

Best as I can determine from Google maps this is a PO Box address at a local UPS store.

Citizen Action Inc. is a local political consulting firm. The official registration for Citizen Action Inc. with the Florida Division of Elections lists only Keith Donner as Chairperson, Treasurer and Registered Agent. They were assessed a fine of $500 for being a day late with their campaign finance report in 2012. (A day really matters when the report is due two business days before the election!)

According to the Sun Post, Citizen Action Inc has a record of doing hit-style direct mail advertising. Check out Donner’s direct-mail outfit, 50 Blue.

But no matter–the key question is who paid for the ad. Given this was the pattern in the most recent Coral Gables Commission election, it is more than possible that the mailings were not paid for by Cabrera but instead by a third party. The chief suspects have to include the public services unions which have some reason to be unhappy with the Mayor. It could, for example, easily be the police union. The Coral Gables Fraternal Order of Police made independent expenditures for candidate Gonzalo Sanabria in the 2011 Commission election.

What’s Wrong With the Mailer

Leaving aside all questions of appropriateness and financing, I think there are two problems with this mailer as a matter of bare-knuckle tactics: it is both too negative and not negative enough.

By ‘too negative’ I mean that I think there is a significant portion of the most active Coral Gables electorate that really doesn’t like negative campaigning. On the other hand, negative campaigning is hardly new around here, much as people like to be shocked, shocked, shocked that it is going on.

By ‘not negative enough’ I mean that, even taking into account that I may be more jaded than the average consumer of attack mailers, I found the brickbats directed to Mayor Cason to be somewhat unconvincing. (It may bear mentioning here that I was not a supporter of Jim Cason in the previous election, and I am at present undecided about this year.) I am NOT saying that the effort should have been more like a previous Keith Donner effort that crossed the line.

What are the charges?

First, Cason “has not sponsored a single initiative or even a single item for discussion by the City Commission.” Eh? So? Was there something that wasn’t being covered by the others? In the last election the knock on Cason was that his history suggested he might be a bull in a china shop; now you are saying he is too deferential to the other Commissioners?

Next charge: Cason voted for higher fees and new fees. By my lights this is probably the most effective one on the list. But the problem here is that like many voters who moved to the Gables precisely because it offers better city services than just about anywhere in the county, I am not against city services — I like them! In order to exist, City services obviously need revenue, so I’m not sure what to make of this charge. I do sort of wonder why localities like Coral Gables insist on so many user fees when if they would just call them taxes I could deduct them from my federal return, but I suppose the word “tax” is just so toxic that even if they tried to explain we’d save money being taxed instead of being subject to fees it might not fly.

Third charge is that Cason “voted for $22 million in new spending” for supposed “pet projects”. Well, that’s a lot of money, and I’d like to know more about where it went, but until you tell me specifically what the projects were and why they were bad, I am not going to bite. (Note also that these projects had to pass the Commission, and Cason is just one vote there; so at least two other Commissioners had to like these ‘pet’ projects.) One of Cason’s mailings listed a bunch of ribbons he’s cut over the past two years, and they didn’t look particularly toxic, or particularly exciting, to me. Cabrera’s statement I published recently says we should be spending more money on traffic calming. Personally I HATE most of the traffic calming structures that have been installed in my neighborhood as they just make it harder to get anywhere. Tree-filled medians on not-particularly-wide streets are not high on my priority list either.

Final charge is that Cason “refuses to do anything about crime spree”. Leave aside the fact that the current crime uptick is mostly property crime and the mailer tries to make it sound as if rapists and murders were stalking the City Beautiful. What the mailer doesn’t tell us is what the Mayor should have done or failed to do. I would have thought this was a matter for the Chief of Police. Is the suggestion we need a new Chief? Or more cops? If so, why not say so? Even Cabrera’s issue statement that I published only suggests that we need more transparency about crime data, not any concrete action. It’s going to take more than that to sell me.

And here’s a final point: I think the last few national elections involved so many negative mailers with particularly ugly photos of the target that this schoolyard-level tactic is now approaching the end of its shelf life.

Posted in Coral Gables | 5 Comments

Coral Gables Commission Candidates Respond

Since I put up my original post on the Coral Gables Commission candidates’ top three issues, I’ve had two more responses; with the addition of Mayoral candidate Commissioner Ralph Cabrera and Group 2 candidate Vicente Carlos Lago, I’ve now got responses from all the Coral Gables Commission candidates except Group 3 candidate PJ Mitchell. [Update: PJ Mitchell did respond in a timely way….but my spam filter ate it. I’ve got everyone now.]

Posted in Coral Gables | Comments Off on Coral Gables Commission Candidates Respond

Another Nail in the Coffin

UK LibDems lose Cory Doctorow:

… principled people have quit over the LibDems’ support of the “justice and security bill,” which establishes a system of secret courts in Britain in which people who sue the government over torture and kidnapping will not be able to see the government evidence offered against them. The LibDem leadership supported this law, whipped their MPs to vote for it, and all but seven of the sitting LibDem MPs did, despite the enormous public outcry against it, including a condemnation from Lord Neuberger, the country’s most senior judge.

The Lords — a chamber full of senior lawyers and judges — has rejected this legislation and sent it back, calling for a system of safeguards to be put in place before upsetting the principle of open justice going back to the Magna Carta. Parliament has ripped up the Lords’ amendments, refusing even the most basic of safeguards in this legislation.

We voted for the LibDems to be the “party of liberty,” but they’ve been anything but. With this latest betrayal of party principles, the leadership has scuttled any credibility it had left. There is simply no case for this measure. The proponents of the law act as though there is a flood of baseless claims of torture and kidnapping that the government has had to settle in order to avoid revealing the secrets of Britain’s spies. The truth is that the government has had to apologise for lying about its role in illegal torture and kidnapping, and that most of its victims are unable to get justice even today. Indeed, we don’t know for sure that the practice has stopped, and we can’t, because we’ve had more than a decade of “war on terror” nonsense that says that the public must be spied upon at all times, but that politicians and police must be able to operate in unaccountable secrecy.

Cory also points to Philippe Sands’s letter of resignation in today’s Guardian.

If I had been a British voter in the ’80s I likely would have been a Liberal, then a LibDem in the ’90s and ’00s, and modulo some defense issues in the ’80s, mostly felt pretty good about it. Not today. Today British voters have nothing to make them happy: their electoral choices are I think even worse than ours. That the British ostensibly have three major parties to pick among only reminds me of a story:

It is said that when Kwame Nkrumah made Ghana officially into a one-party state in 1964, a reporter from the Associated Press asked Nkrumah how he, supposedly a proponent of democracy, could do such a thing, giving voters only one party to choose among.

“Oh you Americans,” Nkrumah is supposed to have airily replied, “you also have only one party, but with typical American excess you have two of them.”

Posted in UK | 1 Comment

Coral Gables Commission Candidates Give Their Top 3 Issues (Updated With All Candidates)

The Coral Gables Commission election is scheduled for April 9, now less than a month away.

I wrote the same email to all the candidates in mid-February, asking for their views on what they saw as the top three issues:

Dear [Candidate Name]:

I am a professor of law at the University of Miami and run a blog at https://www.discourse.net which, I’m told, many members of the University community look to for guidance regarding local elections.

As a resident of Coral Gables, I plan to start writing soon about the upcoming elections. I would be very grateful if you could help me by telling me a little about your candidacy.

In particular, I’d be grateful for URL of your official campaign web site, and your answer, on the record, to the following question:

“What do you see as the three most important issues facing Coral Gables at present, and what do you believe we should do about each of them?”

I hope to publish the responses from each of the candidates.

Thank you very much for your assistance with this project.

Yours Sincerely,

I used the email address in their official candidate filing. Not all responded, so a week later I sent it again, using addresses on their campaign pages if I could find it. I sent a third request — and made a followup phone call — yesterday, Monday 3/11. Even so, PJ Mitchell never answered at all, and although both the Cabrera and Lago campaigns promised answers I never received them. I look forward to adding them if they send them in later. [Update #1: Commissioner Cabrera sent in his list and it is now included below.] [Update #2 Vince Lago sent in his comments 3/13] [Update #3: it turns out that PJ Mitchell did respond in a timely way but my spam filter ate it. Everyone is now included below.] (Further comments from candidates and their supporters are also welcome in the comments.)

The candidates’ replies are below, in alphabetical order within each of the three groups. I will update this post as and when other replies trickle in. I also plan to go to the remaining forums, life permitting, and will post my voting suggestions nearer to election day.

Continue reading

Posted in Coral Gables | 1 Comment

EFF Takes a Victory Lap in Sunshine Week

Part one of Sunshine Week: A Round-up of EFF’s Year in Transparency is a reminder why the Electronic Frontier Foundation is so great. More parts to come all week:

This week, EFF once again joins a coalition of national and local transparency and press organizations in celebrating Sunshine Week as a way to bring attention to the importance of public records and the need to remain vigilant despite government push-back.

Forty-seven years ago, President Lyndon B. Johnson signed the Freedom of Information Act (FOIA) into law, giving the public the right to access records pertaining to government activities. Pronounced “foy-yah” by those who regularly employ it, the law serves as a sort of citizen subpoena process; if you ask for a record that doesn’t fall under a confidentiality exemption, the government has to produce it.

Each day this week, EFF will be sharing details about our efforts to hold the government accountable using this crucial tool, including our successes and challenges. To kick it all off, here’s a breakdown of our greatest transparency hits since the last time Sunshine Week rolled around.

OBDisclosure: I am proud to be a member of EFF’s Advisory Board.

Posted in Civil Liberties | Comments Off on EFF Takes a Victory Lap in Sunshine Week