State Attorney Dave Aronberg Fails LGBTQ+ Community Again

Delray Beach Pride Intersection Vandal Walks Away with Slap on the Wrist

At today's sentencing hearing in State v. Jerich, Circuit Court Judge Scott Suskauer refused to sentence Delray Beach LGBTQIA+ Pride Intersection Memorial vandal Alexander Jerich to any jail time. Instead, Suskauer sentenced Jerich to two years of probation, withholding adjudication, This means Jerich is not being convicted of the felony and the misdemeanor he committed when he used his truck to defaced the memorial, creating “burnouts” which left a set of fifteen-foot black skidmarks. To view a 16 second video of Jerich's crimes, click here, Judge Suskauer only ordered Jerich to perform 100 hours of community service, undergo a mental health evaluation, and pay court costs of $774.00. "This sentence is an outrage to the LGBTQ+ community," said retired judge Rand Hoch, President and Founder of the Palm Beach County Human Rights Council (PBCHRC). "The message being sent is 'Come on down to Palm Beach County where you can vanalize cultural memorials all you want with no consequences.'" PBCHRC is Florida’s oldest, independent, non-partisan, political organization dedicated to ending discrimination based on sexual orientation and gender identity or expression. PBCHRC promotes equality through education, advocacy, direct action, impact litigation, and community outreach.. PBCHRC Charitable Foundation and the AIDS Healthcare Foundation donated the $16,000 to pay for the Delray Beach LGBTQIA+ Pride Intersection Memorial.

State Attorney Dave Aronberg

"Jerich's vandalism was not the only crime committed in this case," said Hoch. "State Attorney Dave Aronberg's inept handling of this case from day one is the reason Jerich was able to walk away today with only a slap on the wrist." The Delray Beach Police Department Probably Cause Affidavit called for Aronberg to charge Jerich under Florida's hate crime laws since his actions were based on prejudice based on sexual orientation. Aronberg refused to do so. PBCHRC asked Aronberg to charge Jerich persuant to §806.135(1)(b), Florida Statutes, Destroying or demolishing a memorial or historic property. Under that law, any person who “willfully and maliciously” damages a memorial or other piece of historic property could be charged with a third-degree felony, punishable by up to five years in prison.  PBCHRC provided Aronberg with an annotated video of the dedication ceremony, highlighting how all of the elements of the law had been met. Ignoring the requests of both the police department and PBCHRC, Aronberg only charged Jerich with criminal mischief and reckless dirving. "Aronberg's charges were completely inappropriate," said Hoch. "This man did not use a can of paint to spray graffitii on a random street. He intentionally used his truck to literally leave marks of hate on a symbol of pride for the LGBTQ+ community." "Had Aronberg charged Jerich under either of the two requested laws, Suskauer would have been required to consider enhanced penalties -- including a lengthy prison sentence," said Hoch. "Once again, State Attorney Dave Aronberg has failed the LGBTQ+ community."

Alexander Jerich

On March 1, Jerich pleaded guilty to felony and misdemeanor charges. If convicted to those charges, he could have faced up to five years in prison and a fine of up to $5,000. Prior to sentencing, PBCHRC Charitable Foundation, which partially paid for the intersection, filed a victim impact statement.

With PBCHRC's hands tied by Aronberg's refusel to charge Jerich as requested, in the Victim Impact Statement, PBCHRC and PBCHRC Charitable Foundation asked Suskauer to (1) convict Jerich of the felony and misdemeanor charges he faces, (2) incarcerate Jerich for no less than one year, (3) place on Jerich on probation for no less than five years, and (4) order Jerich to stay away from the Delray Beach Pride Intersection for the rest of his life. In contrast, State Attorney Dave Aronberg only recommended (1) 30 days in jail, (2) community service, and (3) five years on probation. Aronberg also recommended withhholding adjudication on the felony count.

"Just two days ago, a man issued a credible threat to shoot up the local LGBTQ+ community at Pride on the Block in West Palm Beach," said Hoch. "Fortunately, no one was hurt and thanks to the West Palm Beach Police Department, the man is now in custody." "Needless to say, the LGBT+ community remains very concerned with our safety," said Hoch. "Aronberg's failures and Suskauer sentence do nothing to make our community more secure."

TERRORIST WHO THREATENED TO "SHOOT UP" PRIDE ON THE BLOCK IN WEST PALM BEACH APPREHENDED IN CANADA

 

Within 24 hours of posting a video online theatening to "shoot up" yesterday's Pride on the Block event in West Palm Beach, a 17-year-old man has been taken into custody in Canada, where he is being charged with planning a mass shooting. In the video posted on the video chat platform Omegle, the man, who claimed to be a Palm Beach County resident, was seen wielding a gun while making death threats. While the video has not yet been released to the public, the man appeared to have very specific knowledge of the event location, according to the West Palm Beach Police Department. The terrorist's name has not been released, pending filing of formal charges in West Palm Beach. . Canadian authorities arrested the man this morning.

Pride on the Block is an annual block party and fundraiser held on the 500 block of Clematis Street in downtown West Palm Beach. Begun in 2020, the event draws crowds from all over South Florida to celebrate Pride month and raise funds for the local LGBTQ+ nonprofit, Transpire Help. "Heartfelt thanks go out to the City of West Palm Beach Police Department for their prompt and throrough response to a credible threat against the local LGBTQ+ community," said Rand Hoch, a retired judge who serves as President of the Palm Beach County Human Rights Council (PBCHRC), Based in West Palm Beach, PBCHRC is Florida’s oldest, independent, non-partisan, political organization dedicated to ending discrimination based on sexual orientation and gender identity or expression.

On Sunday morning, just hours before the event was to begin, a person who saw the video notified the City of Miami Beach Police Department, which promptly informed the West Palm Beach Police Department of the mass shooting threat. Local police immediately notified event organizers. Additional uniformed officers were dispatched to the event as well as SWAT team members and undercover officers. Fortunately, the event,was held within steps of the City of West Palm Beach Police Department. "More than 2,000 LGBTQ+ and allied people attended our thrid annual Pride on the Block," said Donna Weinberger, Founder of Transpire Health who produced the event. "Once we were informed of the threat, police officers were promptly dispatched to ensure our safety." "Threats and hate speech have no place in our city, in our community, in our country," said West Palm Beach Police spokesman Mike Jachles. In addition to working with the City of Miami Beach Police Department, the West Palm Beach Police Department worked with the New York City Police Department, the FBI, the Toronto Police Service, and the Peel Regional Police Service, to locate and apprehend the alleged terrorist, according to West Palm Beach Deputy Police Chief Rick Morris.  "We want the LGBTQ community to know we stand behind them. Every event they have, we will protect them from hate and ignorance." said Morris. "With the specter of the Pulse nightclub massacre always in mind when LGBTQ+ events are held, we are always grateful for the support of our law enforcement partners," said Hoch. While the man faces severe charges in Canada, the City of West Palm Beach is planning to extradite him to Florida to face charges, including anti-LGBTQ+ hate crime charges. "We hope justice is served and hope the man gets the help he needs," said Morris.

President's Message - June 2022

 

June 2022 The Palm Beach County Human Rights Council (PBCHRC) is Florida’s oldest, independent, non-partisan, political organization dedicated to ending discrimination based on sexual orientation and gender identity or expression. We promote equality through education, advocacy, direct action, impact litigation and community outreach. As we begin to celebrate LGBTQ+ Pride Month nationwide, we are outraged with the anti-LGBTQ+ laws being enacted by the Florida legislature and signed into law by the governor for the past two years. That having been said, we need to remind ourselves how fortunate we are to be living in Palm Beach County, where so much progress has been made for the LGBTQ+ community for more than three decades. Since 1990, PBCHRC has been responsible for the enactment of more than 160 laws and policies providing equal rights, protections and benefits for the LGBTQ community. Our work never stops. Even during the height of the pandemic, elected officials throughout our county enacted several new LGBTQ+-inclusive municipal civil rights ordinances. For a list of the laws and policies enacted as the result of PBCHRC’s efforts, click here and select "Laws & Policies." LGBTQ+ PRIDE MONTH Happy Pride! There is so much going on in June for the LGBTQ+ community and our allies to celebrate this month. We can not list everything, but we will highlight a few key events. The celebrations kick off on Wednesday, June 1 at 8:00 p.m. with "Pride Lights" illuminating Nancy Graham Centennial Park at 150 N. Clematis Street in downtown West Palm Beach. The celebration will feature performances by local cabaret stars Rob Russell and Avery Sommers. In addition, ensembles from the Palm Beach Symphony and Young Singers of the Palm Beaches have been invited to perform. "Pride On The Block" returns to the 500 block of Clematis Street in West Palm from 1:00 p.m.-to midnight on Saturday, June 4. Subculture Coffee, Kapow!, Hullabaloo, Lost Weekend, O’Shea’s Irish Pub, Respectable Street, Alchemy Juice Co. and BRK Republic Tap House & Dog Park will providing drinks throught the event and drink bracelets are $30 in advance and $35 at the gate. For drink bracelts and further information, click here. On Satruday, June 11, Delray Beach officials will host "The Pride Festival" at the recently restored Delray Beach LGBTQIA+ Pride Intersection Memorial, which was defaced during a hate crime last June. The street festival, which will be held from 4:00 p.m. to 6:00 p.m. at NE 2nd Avenue from E. Atlantic Avenue to NE 2nd Street, will feature live entertainment, food trucks, vendors, games, and much more. In addition, there will be a pet costume contest sponsored by Wagpride Pet Boutique. At 8:30 p.m., the action will move to the city's historic Old School Square for a a free outdoor concert featuring "Almost Abba". Old School Square is located at 51 N Swinton Avenue. PBCHRC will hold our annual Pride Happy Hour at Meat Market on Wednesday, June 15. (see below). Finally, on Saturday June 25, Compass will host the 20th annual Stonewall Ball at the Cox Science Center and Aquarium, 4801 Dreher Trail North in West Palm Beach. For information and tickets, click here. PBCHRC'S 2022 PRIDE HAPPY HOUR Please join PBCHRC on Wednesday, June 15 for our annual Pride Happy Hour at Meat Market Palm Beach, 191 Bradley Place in Palm Beach. The free event, which runs from 6:00 p.m. to 8:00 p.m. , will feature complementary passed hors d'ouvres and happy hour price drinks. In addition, Meat Market will donate 10% of the dinner proceeds to PBCHRC, While the event is free, you must register to attend. To register, click here. IMPORTANT ELECTIONS WILL BE HELD ON AUGUST 23 Our success in enacting pro-LGBTQ laws is directly related to our community’s participation in electoral politics. Since 1988, the Palm Beach County Human Rights Council Voters Alliance (PBCHRCVA) members -- all volunteers -- have conducted close to 1,000 face-to-face endorsement interviews — and close to 100 interviews via Zoom and phone — of candidates seeking public office. We have done this to educate public officials, make endorsements and take action to elect people who will take steps to change laws and policies to provide equal treatment and equal benefits for the local LGBTQ community. As part of our efforts, PBCHRCVA has been working diligently for decades to identify more LGBTQ-supportive residents and get them registered to vote. Statewide races on the ballot for the August 23 Primary Election may include candidates for U.S. Senate, Governor, Attoreny General, Chief Finalial Office, Commssioner of Agriculture, and a host of state and local elections. Members of the PBCHRC Voters Alliance will be interviewing candidates and making endorsements throughout the summer. For a complete list of endorsements made to date, click here. To register to vote in Palm Beach County, click here.The last day to register to vote -- or change political party affiliation for the August 23, 2022 Primary Election is July 25, 2022! Early voting will he held from August 8 through 21, 10:00 a.m. through 7:00 p.m. daily. There will be more than 20 voting locations throughout Palm Beach County. For more information about Early Voting, click here. As always, we are encouraging our supporters to Vote-By-Mail. Palm Beach County residents may request Vote-By-Mail ballots by clicking here. The deadline to request a Vote-By-Mail ballot is 5:00 p.m. on August 13, 2022 On Election Day, August 23, 2022, the polls will be open from 7:00 a.m. to 7:00 p.m. This is also the last day to return your Vote-By-Mail ballot. THE 2022 DANIEL S. HALL SOCIAL JUSTICE AWARDS The PBCHRC Charitable Foundation awarded has presented the 2022 Daniel S. Hall Social Justice Awards to Calvin Brown. Emma Kutcher, and Tatiana Venero. The awards are presented annually to college-bound graduating seniors who have demonstrated an interest in advocacy on behalf of the LGBTQ+ community. Each of the recipients will receive a $2,500 scholarship.   The Social Justice Awards are named after Daniel S. Hall, a local attorney who manages a financial counseling company. Hall, Treasurer of the Palm Beach County Human Rights Council since 1990, is the Council's longest serving board member. As the father of three grown children, Hall has always had a strong interest in education.Over the years, has mentored several LGBTQ+ students.  As an Ambassador of the Legacy Project through Compass and as a participant in the National LGBTQ Task Force's Creating Change conference, Jupiter resident Calvin Brown has developed skills to provide a much needed voice to help implement changes not only in Jupiter High School, but also throughout the School District of Palm Beach County. Calvin's efforts have significantly uplifted the LGBTQ+ community, Following graduation, Calvin plans to attend college to major in Film and Art Studies. Boca Raton resident Emma Kutcher studies communications at the Alexander W. Dreyfoos School of the Arts, where she serves as President of the school's Gender and Sexuality Alliance (GSA). With close to 100 members, the school's GSA is one of the largest in Palm Beach County. As Editor-in-Chief of the school's Marquee Yearbook, Emma has included coverage providing LGBTQ+ and minority students with a voice to tell their stories. Emma has also volunteered and written contentfor PRISM, a non-profit organization advocating for LGBTQ+ youth. In the fall, Emma will begin her Public Policy studies at Carleton College, where she willl continue to work towards achieving social equality. Tatiana Venero, a West Palm Beach resident, attends privte school at the Coastal Middle and High School. She has been active in the youth program at Compass and completed 1more than 100 hours of community service, helping protest against anti-LGBTQ+ bills. Tatania also creates personal stories which discuss the trauma and joy of being LGBTQ+ and plans to publish the stories as comics, using the visual aspect of the medium to its fullest. Tatania will be attending Palm Beach State College college to earn a degree in the arts.. Created in 2015, the Daniel S. Hall Social Justice Awards are administered by PBCHRC Board Member Jasmin K. Lewis, Chair of the PBCHRC Charitable Foundation's scholarship program.   To review the biographies of the 17 other Daniel S. Hall Public Social Justice Award recipients and to learn more about the PBCHRC Charitable Foundation, click here. DELRAY BEACH LGBTQ+ PRIDE STREETSCAPE VANDAL GETS NO JAIL TIME --  ONLY PROBATION AND COMMUNITY SERVICE Immediately following his attendance at an event sponsored by the Republican Party of Palm Beach County on June 14, 2021, Alexander Jerich vandalized the Delray Beach LGBTQ Pride Steetscape, using his pickup truck to create approximately 15 feet of skidmarks across the streetscape. A video of the event made by one of his colleagues went viral on social media. To watch a video of Jerich's crime, click here. To avoid going to trial, Jerich pleaded guilty to all felony and misdemeanor charges.on March 2. In April, PBCHRC and the PBCHRC Charitable Foundation filed a Victim Impact Statement to assist the court in determining an appropriate sentence ofr Jerich, a first-time offender. At an initial hearing on April 21, PBCHRC requested the court to require Jerich to spend time behind bars, as part of his sentence. PBCHRC stated that if Jerich received a light sentence such as house arrest in his gated community, justice would not be served for the LGBTQ community, as a light sentence could encourage other anti-LGBTQ hatemongers to come to Palm Beach County and vandalize our LGBTQ public art, knowing they might not face jail time. However, at the final sentencing hearing on June 7, Circuit Court Judge Scott Suskauer refused to sentence Jerich to any jail time. Instead, Suskauer sentenced Jerich to two years of probation, withholding adjudication, This means Jerich is not being convicted of the felony and the misdemeanor he committed when he used his truck to defaced the memorial, creating “burnouts” which left a set of fifteen-foot black skidmarks. Judge Suskauer also ordered Jerich to perform 100 hours of community service, undergo a mental health evaluation, and pay court costs of $774.00. To view a 16 second video of Jerich's crimes, click here, PBCHRC informed the media that this sentence was an outrage to the LGBTQ+ community,and that the message being sent was "Come on down to Palm Beach County where you can vanalize cultural memorials all you want with no consequences.'" CONVERSION THERAPY BAN COURT CHALLENGE In October 2018, Liberty Counsel, an anti-LGBTQ hate group, filed suit in federal court on behalf of two local therapists seeking to nullify the bans on conversion therapy for minors enacted by Palm Beach County and the City of Boca Raton. However, in February 2019, Judge Robin Rosenberg of the U.S. District Court for the Southern District of Florida denied Liberty Counsel's motion for preliminary injunctions, which sought to prevent the bans from remaining in effect pending trial. Having lost, Liberty Counsel immediately appealed the order to the U.S. District Court of Appeal for the Eleventh Circuit and in November 2020, a three-judge panel ruled 2-1 that the ordinances were unconstitutional on First Amendment grounds. The City of Boca Raton and Palm Beach County immediately filed a Joint Petition for Rehearing by the full Eleventh Circuit. To date, the Eleventh Circuit has not ruled on the Joint Petition. Fortunately, since the Eleventh Circuit has yet to issue a mandate, the panel’s decision has yet to take effect. PBCHRC will continue to keep you informed. PBCHRC'S SUMMER SOIRÉE PBCHRC's Board of Directors cordially invites you to for our biennial Summer Soirée, which will be held on Saturday evening, July 16, 2022, Sandy James Fine Food & Productions will be catering and the event will feature passed heavy hors d'oeuvres and a premium open bar. The event will be held at the National Croquet Club in West Palm Beach. Individual tickets are $125 per person. We are also seeking donors to join the Host Committee for $1,000. It is our hope that there will be enough members of the Host Committee to allow 100% of the proceeds from individual ticket sales to go directly to fund PBCHRC's programs and initiatives. Host Committee Members will be entitled to two tickets to the Summer Soirée, listings in all event-related publicity, and two tickets to the VIP Pre-Party tentatively scheduled for the evening of Thursday, July 14, at The Library at Frenchman's Reserve in Palm Beach Gardens. To join the Host Committee or purchase individual tickets, please click here. HOST COMMITTEE (in formation) Alexandria Ayala and Rob Long Paul Bernabeo and David Cohen Pamela Buchmeyer and Shellie Crandall Ric Bradshaw Karen Brill Sean Cherry and Vincent Ruisi Peter Conn, Jr. and Oscar Garza Nicholas Coppola and David Crespo Cornerstone Solutions Charlie Crist Joseph Paul Davis Echo Christy Fox Nikki Fried Dan Hall Rand Hoch Keith James and Lorna James Gerald Jarosinski, Jr. Wood Kinnard and Alberto Arias The City of Lake Worth Beach Christina and Monte Lambert Gregg Lerman Wendy Sartory Link Katrina Long Robinson Michelle Oyola McGovern and John McGovern Joseph Marino, Jr. and Anthony Sibilia  Mittleman Eye Dr. David Mittleman and Michael Duquette Fowler Jared Moskowitz National Croquet Center Joe and Erin Peduzzi Ty Penserga Bobby and Whitney Powell SandyJames Fine Food & Productions David Silvers W. Trent Steele and Douglas B. Andrews Andy Thomson Don Todorich Scott Velozo and Stephen Mooney Katherine Waldron Cathleen Ward Shalonda Warren Gregg and Rebecca Weiss Erica Whitfield Matt Willhite IMPLEMENTATION OF "DON'T SAY GAY" AND THE SCHOOL DISTRICT OF PALM BEACH COUNTY As a result of the unfortunate enatcment of the repressive "Parental Rights in Education" bill which goes into effect on July 1, 2022, the following three books have been"identified for review": by the School District of Palm Beach County: ● "Call Me Max" by Kyle Lukoff - (When Max starts school, the teacher hesitates to call out the name on the attendance sheet. Something doesn't seem to fit. Max lets her know the name he wants to be called by--a boy's name. This begins Max's journey as he makes new friends and reveals his feelings about his identity to his parents. Written with warmth and sensitivity by trans writer Kyle Lukoff, this book is a sweet and age-appropriate introduction to what it means to be transgender.) ● "I am Jazz" by Jessica Herthel and Jazz Jennings (From the time she was two years old, Jazz knew that she had a girl's brain in a boy's body. She loved pink and dressing up as a mermaid and didn't feel like herself in boys' clothing. This confused her family, until they took her to a doctor who said that Jazz was transgender and that she was born that way. Jazz's story is based on her real-life experience and she tells it in a simple, clear way that will be appreciated by picture book readers, their parents, and teachers.) ● "Flamer" by Mike Curato (It's the summer between middle school and high school, and Aiden Navarro is away at camp. Everyone's going through changes―but for Aiden, the stakes feel higher. As he navigates friendships, deals with bullies, and spends time with Elias (a boy he can't stop thinking about), he finds himself on a path of self-discovery and acceptance.) Palm Beach County Superintendent of Schools Mike Burke has reached out to PBCHRC, Compass, and other community organizations to see how best to provide information and services to LGBTQ+ public school students in light of the enactment of the repressive "Don't Say Gay" law.   CURRENT INITIATIVES   PBCHRC is currently working to persuade:    The Health Care District of Palm Beach County to provide trans-specific healthcare services to indigent patients. The School District of Palm Beach County to adopt a resolution opposing conversion therapy on students. The School District of Palm Beach County to cease doing business with Chick-fil-A and other companies that discriminate against LGBTQ people and other minorities. For more than three decades, the Palm Beach County Human Rights Council has worked diligently on behalf of the LGBTQ community. With your support, we will continue to do so in the years to come. As always, we will keep you posted on our progress. Judge Rand Hoch (retired), President and Founder A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. PBCHRC'S Registration Number is CH46486. To obtain registration information, you may consult the website or call 800-435-7352. BOARD OF DIRECTORS RAND HOCH President and Founder MEREDITH OCKMAN Vice President DANIEL S. HALL Treasurer RAE FRANKS Secretary SEAN CONKLIN JANIECE N. DAVIS MICHAEL DUQUETTE FOWLER G. JOSEPH GARCIA CHAUNCEY GRAHAM JASMIN LEWIS TAMARA SAGER J.P. SASSER GEMMA TORCIVIA RHONDA WILLIAMS  Visit our website Visit our  blog The Palm Beach County Human Rights Council (PBCHRC)  is Florida's oldest, independent, non-partisan, political organization dedicated to ending discrimination based on sexual orientation, gender identity and gender expression.  We promote equality through education, advocacy, direct action, impact litigation, and community outreach. Over the years, PBCHRC has been responsible for the implementation of more than 160 laws and policies providing equal protections, rights, and benefits for the LGBTQ community.   Palm Beach County Human Rights Council Post Office Box 267 West Palm Beach, Florida 33402 (561) 358-0105 www.pbchrc.org Please follow "PBCHRC" on Facebook and Twitter and sign up for the PBCHRC blog - pbchrc.blogspot.com/ A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. PBCHRC'S Registration Number is CH46486. To obtain registration information, you may consult the website or call 800-435-7352.

Palm Beach County Human Rights Council | P. O. Box 267, West Palm Beach, FL 33402