The Brevard County Sheriff’s Office warned the Brevard County School Board in a letter that it will not be enforcing any “unconstitutional” speaker policies.
The letter from Sheriff Wayne Ivey, dated May 23 and addressed to School Board Chair Misty Belford, said in very terse language that his deputies were not at board meetings as “armed BPS forces.”
“While the major, his Lieutenant, and designated deputies are contracted services, responsible for providing security to Brevard Public Schools facilities to ensure the safety of our students, faculty, staff, volunteers and visitors, to include school board meetings, they should not be treated as armed BPS forces prepared to execute any potentially constitutionally violative request of the School Board,” Ivey wrote to Belford in the letter which was also sent to the entire board.
The letter follows a First Amendment lawsuit from parents and the conservative group Moms for Liberty, who claim their ability to speak before the board has been curtailed. It also comes against the background of threats against school board members around the country from disgruntled parents angry at mask mandates, LGBTQ rights, and the teaching of certain theories about race relations in the United States.
The sheriff’s position seems a departure from statements issued by Ivey’s command staff back in April 2020, saying that deputies must follow “any” directives given them by Brevard County Commissioners.
The Sheriff’s Office has not yet responded to a request for comment.
School Board Chair Misty Belford said BCSO Major Brian Neal told her after a May 5 School Board meeting that the Sheriff’s Office was uncomfortable with her requests to stop speakers who refused to heed School Board public speaking guidelines. He asked her to refrain from telling the public that deputies would take action against speakers who violated speaking rules.
Until then Belford read a warning at the beginning of each meeting telling members of the public they could be arrested if they disrupted the meeting.
“We revamped the language of the script to take out the reference to deputies doing anything because I can’t direct them to do anything,” Belford told FLORIDA TODAY Wednesday in a telephone interview. “They’re under the purview of the sheriff.”
But Belford said misbehavior at the meetings has increased since she took out the warning. She added that the initial warning was drafted in cooperation with the sheriff.
At the beginning of each meeting, Belford used to warn that School Board policy forbids speakers from making remarks that are “personally directed,” “abusive” or “obscene.” Belford stops speakers from criticizing other school board members or district staff by name, requiring all speakers to direct their comments toward her or the board as a whole.
“They thought it was very important that we give notice if someone is potentially in a situation of being trespassed,” Belford said.
But the sheriff’s recent letter notes:
“Board Chair requests for law enforcement that I deem may be viewed in violation of the United States and Florida constitution during school board meetings include the following:
Interpreting, limiting or terminating on-topic speakers who do not: exceed allotted time; personally direct statements in a disruptive or offensive manner; or make of obscene or irrelevant comments.
Requesting BCSO deputies to address, escort or remove individuals from the podium or meeting unless his or her conduct is actually disorderly threatening or disruptive pursuant to (Florida statute) or other law.”
School Board Member Matt Susin indicated this conflict was not unexpected.
“His deputies have routinely stepped up and said that they’re not going to do that,” Susin said. “Mr. Neal was trying to tell them, ‘Look, you’re putting us in a bad spot here by doing this.’”
Moms for Liberty and some of the parents claim in their lawsuit that the School Board used its speaking policy to silence people who opposed the introduction of a mask mandate in public schools earlier this year.
Two anti-mask protestors were arrested in September after attempting to enter the School Board building before a meeting without face masks. Prosecutors dropped trespassing charges for both Janice Crisp and Nicholas Carrington, as well as a disorderly intoxication charge for Carrington, but the pair are still facing charges for disrupting an education institution.
The idea that deputies have limited ability to follow directives from elected officials on the School Board appears to be at odds with a case two years ago when political consultant and Robert Burns, who runs an online news site, was removed from a county briefing at the request of former Brevard County Commissioner Bryan Lober.
Lober contacted the deputies when he saw Burns sitting in the audience at the COVID-19 emergency policy group briefing. Burns had been streaming video of the event to his viewers and taking notes. Burns and Lober had been sparring on social media for many months prior. Lober directed a deputy who approached Burns to remove him. Burns said the deputy told him Lober requested his removal.
Burns later wrote to the then commander of the BCSO precinct that responds to the Viera government center to ask under what authority was he removed from a public event.
Then BCSO precinct Commander Bruce Barnett wrote to Burns in an email reviewed by FLORIDA TODAY: “We are required to execute all orders of the board of county commissioners, as well as many other statutory requirements,” Barnett stated. He added: “So, in essence yes, the board does have the authority to have you removed from the meeting and no, there is not a requirement for an investigation to determine if the request is lawful.”
By the time of the publishing this story, the BCSO has not responded to requests to explain the difference between the policy for the School Board and the one articulated for the County Commission.
Belford said she has “complete faith” in district security officers to protect board members from true threats of violence. She also said many public speakers underestimate the board’s ability to curtail disruptions.
“The law clearly states that we can establish expectations for decorum in a limited public forum to facilitate our ability to complete board work,” Belford said. “And that is different than a lot of situations. But it’s very clearly spelled out that not only do we have the right to, but that we should establish rules of decorum to allow us to complete the work of the Board.”
The School Board has filed an appeal in federal court to contest the First Amendment lawsuit from Moms for Liberty. The case is ongoing.
* Article from: floridatoday.com