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Guest column | Melissa Phillips

Florida's Sunshine Law helps to protect First Amendment rights

Melissa Phillips, guest columnist
In Print: Wednesday, March 17, 2010


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One of the most important parts of the First Amendment to the U.S. Constitution is not actually one of the most well known. When one speaks of the First Amendment, it is freedom of the press, freedom of religion and freedom of speech that first come to mind. I believe that the right less noticed, but still very significant, is the right to petition the government for a redress of grievances.

This right allows the people to stand up against what they do not believe is just in the government, without bloodshed or lethal disputes. One can easily write a letter arguing that the nearby construction zone is encroaching upon the neighborhood. Or a person can call to complain about someone breaking a law or violating his rights, without being turned away before his voice is heard.

This ability, this right, makes us different from other countries in that the people reserve the legal right to be listened to by their government, rather than forcing the people to take up arms in the cause of revolution.

The Sunshine Law, which opens all municipal records in Florida for public use and copy, can greatly assist in protecting this First Amendment right. It allows the people to find and gain vital information and evidence that they may use to petition. Instead of leaving Florida's citizens in the dark, unable to access critical evidence and essential facts, the Sunshine Law sets alight the path to knowledge.

Recently, a new Publix and shopping center were built right next to my neighborhood and less than 200 feet from my home. The construction began at 6 every morning, and bulldozers and cranes shook and rumbled my home until 7 at night. Despite the disturbance to the neighborhood, the Publix itself was a welcome addition. What was not welcome, however, was a plan by Porter Development Co. to build a five-story condominium that would tower above our homes and overlook our back yards, destroying both the privacy and character of our neighborhood.

This did not appeal to anyone living in the area, so at the next neighborhood association meeting we decided to take action against the builders and petition the government (in this case the City Council and Development Services for the city of St. Petersburg).

Using the Sunshine Law, we were able to obtain the records and blueprints of the company's plans, including traffic engineering reports of projected road usages, and take them to the Florida Department of Transportation for evaluation. A team of neighborhood representatives was able to show the City Council evidence that its traffic studies were flawed, and that adding the condominium in addition to the retail traffic from Publix would put great stress on traffic flow into and out of our neighborhood. Although the City Council did not immediately vote in favor of the neighbors, ultimately the condominium was dropped from the project. Using both the First Amendment and the Sunshine Law, the neighbors were able to redress their grievances and were able to prevent a possibly disastrous situation.

The Sunshine Law and its rule of open records to the public protects and enhances our First Amendment rights and is used every day to allow the people of Florida to enjoy liberty of enlightenment and the power of knowledge.

Melissa Phillips is a sophomore at Lakewood High School in St. Petersburg. Her essay won second place in Gov. Charlie Crist's annual Sunshine Week essay contest.


[Last modified: Mar 16, 2010 05:36 PM]

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