Calls for Florida 'anti-riot' law to be used in Delray Beach pride case

By Jay O’Brien, WPEC CBS12

DELRAY BEACH, Fla. (CBS12) — Prosecutors in Palm Beach County are facing calls to charge the man accused of vandalizing a pride intersection in Delray Beach under the state’s new “anti-riot” law.

The Palm Beach County Human Rights Council has requested that the State Attorney’s Office consider charging Alexander Jerich under the state’s controversial Combating Public Disorder law.

The law, strongly opposed by Democrats and championed by Gov. Ron DeSantis and his Republican allies, heightens the penalties for violent acts committed during a protest. But it also has a provision enhancing criminal penalties for people who damage “historic property” or a “memorial.”

Jerich was arrested last week, accused of vandalizing the pride intersection by using his truck to create tire marks across the paint. Police say the incident occurred after Jerich attended a birthday rally for former President Donald Trump.

He's pled not guilty.

The Palm Beach County Human Rights Council believes the pride intersection in Delray Beach meets the legal criteria to be a memorial, thus Jerich should face charges under the new law.

“It seems obvious to me the elements of the crime were met one by one,” said Rand Hoch, president and Founder Palm Beach County Human Rights Council.

Hoch points out that the intersection is a painting, is dedicated to a specific person, and is a permanent display -- all elements of the definition of a “memorial” that the law lays out.

"It shocked me. I mean really this is not something we expected at all,” Hoch added, referring to the alleged vandalism. "He was doing it to make a statement that he thought he could drive all over the LGBTQ community."

"It doesn’t look like a stretch. It really depends on the facts,” West Palm Beach Defense Attorney Ian Goldstein said when asked about the potential for charges under the "anti-riot" law. “Assuming that this was meant to be a permanent display I think there’s a very strong argument to be made that it does meet the threshold."

The public disorder law, often called the “anti-riot” or “anti-protest” law, was a legislative priority of Gov. Ron DeSantis who argued the bill would crack down on violent protests in the state.

Opponents of the law say it will discourage people from protesting at all, negatively impacting First Amendment rights. Civil rights groups, including the NAACP and ACLU, have already sued to block the law in federal court.

The law does not appear to have been used so far in a Palm Beach County case or in any case across the state.

The State Attorney's Office told CBS12 News that “any statutes applicable to the facts of the case would be considered for filing of formal charges” in this case.

Jerich’s lawyer declined a request for comment.

Will Florida's antifa-aimed public disorder bill snag a Trump supporter?

by Frank Cerabino, Palm Beach Post June 22, 2021

Oops, this isn’t working to plan. Remember the rush by Florida lawmakers to craft an “anti-rioting” bill designed to enhance penalties against mostly nonviolent protests stemming from Black Lives Matter demonstrations? A law with unintended consequences It was all about stopping the looting by antifa, a nonexistent organization, and protecting our Southern heritage – aka the Confederate monuments that venerated our slave-owning secessionist past.  This legislation was the first order of business, House Bill No. 1, and was promoted with great fanfare by Gov. Ron DeSantis and a phalanx of Florida lawmakers at a signing ceremony in April. Preserving the calm in Florida? Standing next to DeSantis, Polk County Sheriff Grady Judd took the extraordinary step telling potential new residents of Florida that supporting this bill was the way to keep the violent and disorderly protests that were happening in other states out of Florida.   “Welcome to Florida, but don’t register to vote and vote the stupid way they do up North, or you’ll get what they got,” Judd said. OK, so this was about “voting the right way,” too?  That explains the photos of Black looters that Judd held up at the signing event. We can’t let the Black people get out of control here in Florida, I guess was the not-so-subliminal message. Brief historical note: As long as we’re preserving our past, it’s worth noting that Polk County was named when Florida seceded from the Union in 1861 in honor of James Polk, the 11th president of the United States.  When Polk died in 1827, he willed his 8,000-acre plantation in Tennessee and the 53 slaves he owned to his wife and children. “In addition to using enslaved labor at the White House, Polk secretly purchased enslaved people and separated children aged 10 through 17 from their families while in office,” the White House Historical Association wrote. “President Polk projected the persona of a benevolent and paternalistic slave owner who kept enslaved people because they were inherited from family members. “In actuality, Polk was a profit-hungry slave owner, ripping apart families for his own personal gain.”  So to have the modern-day sheriff of Polk County essentially talk about keeping the Black folk in line, well, “bless his heart.” Reality deals a blow to the narrative And this knuckling down on out-of-state antifa agitators with Florida's new Combating Public Disorder law isn’t going according to script, either.   Last week, Alexander Jerich, 20, of suburban Lake Worth Beach took a brief detour in his pickup from the route of a vehicle parade celebrating former President Donald Trump’s 75th birthday. Jerich was driving a truck with one of those big Vanilla ISIS Trump flags flapping in the back. It read: “All Aboard the Trump Train.”   His Trump train drove off its track in downtown Delray Beach and to a nearby intersection and crosswalk that had two days earlier been unveiled as a $16,000 street art project commissioned by the Palm Beach County Human Rights Council and the AIDS Healthcare Foundation. The street mural turned that intersection of Northeast First Street and Northeast Second Avenue into familiar rainbow stripes of gay, lesbian and bisexual pride, as well as pink, white and blue for transgender people and black and brown stripes for people of color. A video from another vehicle captured Jerich driving over the painted intersection while putting his truck into a “burnout” skid, which involves revving the engine at high speeds while applying the emergency brake, thereby sending the vehicle slowly snaking forward while burning rubber from the tires, leaving black tracks to deface the street mural. After the video of the vandalism appeared, Jerich turned himself in to Delray Beach Police, which charged him with criminal mischief and reckless driving, with a felony enhancement based on prejudice. But Rand Hoch, the president of the Palm Beach County Human Rights Council, asked that Florida’s new Combating Public Disorder law be applied. "PBCHRC has requested the charges include defacing a memorial – a recently enacted law which would require this crime to be treated as a felony,” Hoch wrote in a prepared statement. “If convicted of this offense, the perpetrator would be responsible for reimbursing the City of Delray Beach for the cost of repairing the damages in addition to the severe penalties for committing a felony." It wasn't clear Monday whether the State Attorney's Office will take Hoch up on his request,but the street installation does seem to fall under a provision of the new law that creates new second-degree felony penalties for defacing a “memorial.” The law loosely defines a memorial as “a plaque, statue, marker, flag, banner, cenotaph, religious symbol, painting, seal, tombstone, structure name, or display that is constructed and located with the intent of being permanently displayed or perpetually maintained.” This was supposed to stop people from defacing remnants of the Confederacy, not protecting gay people and people of color, who tend to vote “the stupid way," as Judd might say. Florida made its mark at the Jan. 6 Capitol riot In other off-message news, an analysis of the nearly 500 arrests made so far of those people who stormed the U.S. Capitol on Jan. 6 showed that Florida lawmakers should be less concerned with violent protestors from Minneapolis, Portland, and Seattle, and more concerned with their own Florida voters, especially the ones who vote “the right way.” About 1 in 10 of the people charged in that violent insurrection to overturn the results of a certified election, an insurrection that injured 140 officers and sent members of Congress scurrying for their lives, were from Florida, according to a USA Today analysis. Florida is tied with Texas for the state with the highest number of citizens arrested in that violent insurrection, and Florida leads all states in those arrested who are members of the Proud Boys and the Oath Keepers, both violent, right-wing extremist groups. It looks like the real threats to public order in Florida are already here. And they’re not Black looters. “Pay attention, we got a new law, and we’re going to use it if you make us,” Judd said at the law's signing ceremony. OK, well, this is going to be awkward: because it looks like the first guy is one of your smart-voter Trumpers. fcerabino@gannett.com @FranklyFlorida

Alexander Jerich Arrested for Defacing Delray Beach Pride Intersection

 

Delray Beach Pride Intersection Defaced; Suspect Alexander Jerich Arrested By Christiana Lilly, South Florida Gay News June 17, 2021

The Delray Beach Police have arrested a suspect believed to have defaced the Pride mural at a downtown intersection just two days after it was dedicated. Alexander Jerich, 20, was charged with criminal mischief over $1,000, reckless driving and evidence of prejudice (felony enhancement), according to police. “On Monday, Jerich was seen by witnesses, doing what appeared to be an intentional ‘burnout’ with his vehicle over the LGBTQ pride crosswalk,” Ted White, the public information manager for the Delray Beach Police Department, said in an email to SFGN. “Another witness provided a smartphone video of the crime. This afternoon, Jerich turned himself in at the Delray Beach Police Department. He did not wish to give a statement. Jerich was taken to the Palm Beach County jail.” The arrest was after a video circulated on Facebook of a white truck flying a Trump flag purposefully leaving behind skid marks over the rainbow intersection at Northeast Second Avenue and Northeast First Street in downtown Delray Beach.

“It’s amazing how many people in Delray Beach were outraged about this,” said Rand Hoch, the founder and president of the Palm Beach County Human Rights Council. Hoch received tips from the public, including those who had found the video evidence posted on Facebook. In the video, a car behind the white truck flying what appears to be flying a Trump flag slows down in the intersection, slowly driving over the mural and leaving behind black skid marks before driving away. “It shows intent,” Hoch said. “It shows a license plate.”

Earlier this week, Hoch had emailed Chief Javaro Sims to cite the new Florida Criminal Mischief Statute, or “anti-riot law,” passed by Gov. Ron DeSantis which would create harsher punishments for those who vandalize a historic property or memorial. The PBCHRC has also been in touch with the state attorney’s office. “The Pride Streetscape is a ‘memorial’ as defined at Section 806.135(1)(b) as it is both a ‘painting’ and a ‘display’ which was ‘constructed and located with the intent of being permanently displayed’ and ‘perpetually maintained,’” Hoch wrote, highlighting that speakers at the ribbon-cutting specifically mentioned that the streetscape is “dedicated” to events such as the Stonewall Riots that kicked off the Equality Movement and the murder of 49 people at the Pulse nightclub in Orlando five years ago. Should the vandal’s crime fall under this expanded statute, it would be considered a third-degree felony. “It’s deliberate. I really hope justice works and they really apply this law,” Hoch said. Delray Beach’s Pride intersection is one of many cropping up throughout Florida. Boynton Beach recently celebrated the unveiling of its own rainbow intersection, and in April, West Palm Beach presented its own to the public. Key West's permanent Pride crosswalk was unveiled in 2015 and Sarasota installed their own last year. In a May letter to the editor from Wilton Manors Commission Chris Caputo, he called for a rainbow crosswalk in the Island City.

For a clear video of the crime, click here. (The person who posted this on Facebbok is NOT involved. He just reposted) it on Facebook.).

Delray Beach LGBTQIA+ Pride Streetscape Ribbon Cutting on June 12 at 10:00 a.m.

 

On Saturday, June 12 at 10:00 a.m., Delray Beach Mayor Shelly Petrolia and City Commissioners will dedicate the city's newest memorial -- the LGBTQ Pride Streetscape. “The Pride Streetscape is about solidarity, inclusion, and visibility; a proud celebration of our city’s diversity," said Mayor Shelly Petrolia.

Image courtesy of Maxwell Zengage

The streetscape, based on the Progress Pride Flag, is located at the intersection of NE 2nd Avenue and NE 1st Street in Pineapple Grove Arts District in Delray Beach The Progress Pride Flag adds five colors to the iconic six-color Rainbow Pride Flag .The additional colors -- black, brown, light blue, pink, and white -- emphasizes inclusion and progression, representing people of color, trans and non-binary individuals, and those living with HIV/AIDS.

Last fall, City Commissioner Ryan Boylston opened discussions about bringing significant LGBTQ public art to the city with resident Nicholas Coppola and Rand Hoch, President and Founder of the Palm Beach County Human Rights Council (PBCHRC). "The LGBTQ community in Delray Beach is incredibly diverse, as is the population of the city itself," said Boynston. "With this streetscape, we recognize and honor all of our residents and visitors."

Coppola serves on the Board of Trustees of Compass, Palm Beach County's LGBTQ community center.The organization's mission is to engage, empower, and enrich the lives of lesbian, gay, bisexual, transgender and queer people and those impacted by HIV and AIDS. "When the the City of St. Petersburg completed their Pride streetscape last year, Commissioner Boylston reached out to us," said Coppola. "Ryan has been -- and continues to be -- an incredible ally to the LGBTQ community. His leadership on our streetscape is just one more way he shows his support."

Planning for the streetscape involved staff from various city departments, Compass and other stakeholders from the LGBTQ community, and the support of AIDS Healthcare Foundation and PBCHRC -- the project's sponsors..

PBCHRC is Florida's oldest, independent, non-partisan, political organization dedicated to ending discrimination based on sexual orientation, gender identity and gender expression.

"We thank Delray Beach's elected officials and staff, for creating this amazing monument to the city's LGBTQ community." said Hoch. "Over the past thirty years, the LGBTQ community in Delray Beach has gone from being nearly invisible, to being tolerated, to being acknowledged, to being granted equal rights and benefits, to having our families recognized, and now, to having the diversity of the LGBTQIA+community publically celebrated," said Hoch. "That is quite an achievement.

Boynton Beach LGBTQ Progress Pride Intersection Ribbon Cutting on June 7

 

On Monday, June 7 at 5:30 p.m., Boynton Beach Mayor Steven Grant and City Commissioners will cut the ribbon to dedicate the city's newest memorial -- the Pride Intersection.

Image courtesy of the City of Boynton Beach

The street art, based on the Progress Pride Flag, is located at the intersection of East Ocean Avenue and 1st Street SE at the end of the city's Town Square. The Progress Pride Flag adds a five-colored chevron to the iconic six-color Rainbow Pride Flag .The chevron emphasizes inclusion and progression, as the additional colors -- black, brown, light blue, pink, and white -- represent people of color, trans and non-binary individuals, and those living with HIV/AIDS.

Last fall, at the request of the Palm Beach County Human Rights Council (PBCHRC) ,City Commissioner Ty Penserga asked his colleagues to consider a public art installation to honor the city's LGBTQ community. PBCHRC is Florida’s oldest, independent, non-partisan, political organization dedicated to ending discrimination based on sexual orientation and gender identity or expression. The organization's second president, Norman Aaron, was a resident of Boynton Beach

Following a review of several designs created by city staff, the City Commission approved the Progress Pride design which will be dedicated on Monday.

"By highlighting the LGBTQ streetscape at the entrance to Town Square and downtown Boynton Beach, city officials are proudly letting LGBTQ people know that we recognize you, we stand with you, and we are all part of the fabric that strengthens Boynton Beach," said Penserga, who is Boynton Beach's first openly gay elected official. "We are sending a clear the message -- especially to our younger LGBTQ residents -- that everyone is welcome in Boynton Beach and that our community supports you."

"We thank Mayor Grant and the City Commissioners, as well as city staff, for creating this amazing monument to the city's LGBTQ community." said PBCHRC President and Founder Rand Hoch. "Over the past thirty years, the LGBTQ community in Boynton Beach has gone from being nearly invisible, to being tolerated, to being acknowledged, to being granted equal rights and benefits, to having our families recognized, and now, to having the diversity of the LGBTQ community publically celebrated," said Hoch. "That is quite an achievement."

West Palm Beach LGBTQ Pride Crosswalk Ribbon Cutting Ceremony on June 3

On Thursday, June 3 at 9:30 a.m., West Palm Beach City Commissioners will cut the ribbon to dedicate the city's newest memorial -- the LGBTQ Pride Crosswalks. .

Photo courtesy of  joewilliams.dronepilot

The crosswalks are located at the intersection of Northwood Road and Spruce Avenue in Northwood Village, the traditional heart of the city’s LGBTQ business district. They feature red, orange, yellow, green, blue, and violet stripes, displaying the colors in the iconic Pride Flag.

In 2018, a request for Pride crossworks was made by Rand Hoch, who served on the West Palm Beach Art in Public Places (now ArtLife WPB). Hoch is also President and Founder of the Palm Beach County Human Rights Council (PBCHRC),  PBCHRC is Florida’s oldest, independent, non-partisan, political organization dedicated to ending discrimination based on sexual orientation and gender identity or expression.

After then-Mayor Jeri Muoio embraced the idea, PBCHRC reached out to LGBTQ residents and business owners throughout West Palm Beach, seeking suggestions for the location of the crosswalks. "Since the late-1980s, there have been more LGBTQ residents and businesses in the Northwood communities than anywhere else in the city," said Hoch. "It was no surprise the consensus was to install the Pride crosswalks in Northwood Village." “Business owners are thrilled with the crosswalks,” said Will Davis, President of the Northwood Village Merchants Association. “They are beautiful — and definitely worth the wait.” Funding for the Pride Crosswalks was provided by the City of West Palm Beach and the West Palm Beach Community Redevelopment Agency. Hierromat, a locally gay owned and operated business, will provide funding to maintain the crosswalks.

"Over the past several decades, the LGBTQ community in West Palm Beach has gone from being nearly invisible, to being tolerated, to being acknowledged, to being granted equal rights and benefits, to having our families recognized, and now, to having the diversity of the LGBTQ community publicly celebrated," said Hoch.. "That is quite an achievement." While the Northwood Village Pride crosswalks are the first public artworks dedicated to the LGBTQ community in Palm Beach County, LGBTQ Pride streetscapes in Boynton Beach and Delray Beach will be installed and dedicated in June.

 

World’s First "Progress Pride" Public Bus Debuts In Palm Beach County

 

In honor of LGBTQ+ Pride month, Palm Tran, the public transit system serving Palm Beach County, has rolled out its “Ride with Pride” bus. Throughout the month of June, the “Ride with “Pride” bus will operate daily along Palm Tran’s Route 1. With close to 200 stops, Route 1 is Palm Tran’s longest and most visible route, running from Palm Beach Gardens to Boca Raton, in great part along U.S. Highway 1.

Photo courtesy of Palm Tran

While buses decorated in the colors of the iconic Rainbow Pride Flag have operated around the world for more than a dozen years, this year, Palm Tran’s “Ride with “Pride” bus and Pinelllas Suncoast Transit Authoritiey's “Ride with “Pride” bus, are the world’s first public buses to be fully wrapped with the eleven colors of the Progress Pride Flag. Representing represent people of color, trans and non-binary individuals, and those living with HIV/AIDS, black, brown, light blue, pink, and white stripes are incorporated into the Progress Pride Flag, along with the six colors of the iconic Rainbow Flag. “I am extremely proud of the talented and diverse employees we have at Palm Tran," said Clinton B. Forbes, Palm Tran's Executive Director. "This bus further highlights our long-standing commitment to equality for everyone." The "Ride with Pride" bus is a Palm Tran partnership with two local LGBTQ organizations – Compass and the Palm Beach County Human Rights Council (PBCHRC).

Compass is one of the largest LGBTQ community centers in Florida. Its mission is to engage, empower and enrich the lives of LGBTQ people and those impacted by HIV and AIDS.  “Palm Beach County is a beacon for the LGBTQ community,” said Compass Executive Director Julie Seaver. “Palm Tran’s celebration of our vibrant, colorful, and diverse community is both endearing and empowering.”

PBCHRC is Florida’s oldest, independent, non-partisan, political organization dedicated to ending discrimination based on sexual orientation and gender identity or expression. The organization promotes equality through education, advocacy, direct action, impact litigation, and community outreach.

“Palm Tran has long been a leader in providing LGBTQ employees with equal protections, rights and benefits,” said PBCHRC President and Founder Rand Hoch. “The ‘Ride with Pride’ bus lets everyone know Palm Trans commitment to diversity extends to the entire LGBTQ community.” "Over the past several decades, the LGBTQ community in Palm Beach County has gone from being nearly invisible, to being tolerated, to being acknowledged, to being granted equal rights and benefits, to having our families recognized, and now, to having the diversity of the LGBTQ community publicly celebrated," said Hoch.. "That is quite an achievement."

The "Ride with Pride" bus will debut at the Palm Beach Pride Market on June 5, 2021, from 8:00 a.m. to 1:00 p.m. at Bryant Park in Lake Worth Beach.