Rick's Blog

Daily Outtakes: Tango in Pensacola?

The Escambia County School Board is asking a judge to move from Jacksonville to Pensacola a federal lawsuit about access in school libraries to the children’s book “And Tango Makes Three.”

Why This Matters

Authors Peter Parnell and Justin Richardson and a third-grade Escambia County student filed the lawsuit against the Escambia and Lake County school districts and the State Board of Education. The lawsuit alleges First Amendment violations in removing or restricting access to the book in school libraries.

The case was initially filed against the Lake County district and the state in the federal Middle District of Florida, which includes Lake County and Jacksonville. But the lawsuit was later revised to include Escambia County, which is in the federal Northern District of Florida.

Dig Deeper

In the motion Wednesday, the Escambia attorneys raised a series of arguments for moving the case to Pensacola.

“While plaintiffs challenge actions of the Lake County School Board, any inconvenience to them is outweighed by the fact plaintiffs are actively seeking a preliminary injunction against the Escambia County defendants, whereas they have sought no similar extraordinary relief against the Lake County defendants. Further, the Lake County defendants do not object to this request for transfer, obviating any concern about convenience to them.”

Jacksonville-based U.S. District Judge Brian Davis issued an order Thursday that said he was taking the motion under advisement. Also, Davis rescheduled a preliminary injunction hearing from Sept. 15 to Sept. 22.

Source: The News Service of Florida


Jail Lawsuit Mediation Approved

The Escambia County Commission approved a mediation agreement with Whitesell-Green/Caddell JV (Joint Venture) for $4.4 million that settles a dispute over the final payment due to the contractor who built the Escambia County Jail.

The vote immediately rescinded and withdrew the County’s January 19, 2023, Termination Vote, the Termination Notice and the Termination Letter.

Whitesell-Green/Caddell JV agreed:

Benefits

Escambia County saves millions that would have been spent on a trial and a second lawsuit against Whitesell-Green/Caddell JV concerning the alleged construction defects.

Plus, the contractor will make the repairs. Many of the issues are structural system problems that must be fixed before a second phase – with more beds – can be built.

Recovery of Costs

The county still has a lawsuit filed against its owner’s rep, DLR Group, whose insurance policies can more than reimburse the county for this check and its legal fees. Stay tuned.

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