Florida Agenda

By DEAN TRANTALIS

Editor’s Note: On January 6, 2013, Greater Fort Lauderdale attorney Dean Trantalis, Esq. sent the following email to Gary Resnick, the Mayor of Wilton Manors, in which city Trantalis’ legal practice is based. In addition to being a former Fort Lauderdale Vice Mayor, Trantalis is a candidate for the Fort Lauderdale City Commission District II seat.

Hi Gary:

I was reading your column in the Town Crier, and in it, you made mention of the new city website. The new website was presented to the Economic Development Task Force prior to its going live, and we all expressed grave disapproval of its content.

You may be correct in noting that the new website may be easier to read and easier to find information. What it is lacking is an accurate representation of the people and culture which dominates the city. The website is the city’s porthole to the world, and unfortunately, its images in no way reflect what is ‘Wilton Manors.’

Since I work in the city, on any given day one is certain to see two men walking down Wilton Drive holding hands, or groups of gay retirees having lunch at Georgie’s Alibi. There are retail shops catering exclusively to LGBT shoppers, and, need I mention, the street has numerous gay bars catering to all ages, sexes, and fetishes. Rainbow flags are flown everywhere, and even menu selections in some restaurants carry a gay theme.

Have you looked at the website lately? None of this exists. None. The Task Force had a lengthy discussion about it this past fall, and we were all shocked at the website’s lack of gay-themed images and content.

One need not embrace all aspects of the LGBT lifestyle. However, to virtually erase it off the web pages on the site is a palpable expression of homophobia. The Task Force brought this to the attention of city staff, and clearly, we have been ignored.

The Task Force was convened for the purpose of promoting the economy of Wilton Manors. Let’s face it: this is “Gayberry” not Mayberry. We cannot continue in our efforts to promote our city if we are being contradicted by our city staff which seems determined not to promote the LGBT presence in Wilton Manors.

I have waited these many months before I spoke up because I was hoping to see the appropriate changes made to the site. All I found was a stock image of a rainbow flag that could exist in any city. Not only that, but in the rotation of images on the home page, one must wait until the seventh and last photo appears before the flag even materializes.

This is totally unacceptable. While I don’t speak for the Task Force, I can tell you that each of us felt in our own way how the current website diminishes the LGBT community. This: in the very city that boasts having one of the gayest populations in the country.

I am hopeful that you will take whatever measures are necessary in order to correct this situation.

I have to laugh sometimes at how I am just as much a victim of my reptilian brain as the next guy. The reptilian brain (or sometimes “reptile brain,” “lizard brain,” and “reptilian complex”) is the name given by 20^th Century neuroscientist and brain researcher Paul MacLean (and also popularized by Carl Sagan) for the “system” in the brain that is responsible for a species’ typical instinctual behaviors, with particular involvement in aggression, dominance, territoriality, and ritual displays.

Research in neuroscience has found that while all the three sections of your brain—“new brain,” “middle brain,” and “reptilian brain”—communicate with each other, it is the reptilian brain that is—in the words of George W. Bush—“the Decider.”

Whereas the “new brain” thinks (processing rational data and sharing deductions with the other two brains), and the “middle brain” feels (processing emotions and “gut feelings” and also sharing its “discoveries” with the other two), the “reptilian brain” takes data from the others but retains the final decision making for itself.

It seems funny that the oldest and least adaptable part of your brain would be responsible for making the final call about such consequential matters as when to befriend a person, when to kick the crap out of them, or when to screw their brains out.

There is something of a “collective” reptilian brain, too, I think, one that is shared by the members of a culture, which can have a difficult time changing prevailing (and therefore comforting) attitudes. One example happened when the iconic television sitcom “I Dream of Jeannie” made its premiere in 1965.

As you undoubtedly know, the series (which ran with new episodes until 1970) starred Barbara Eden as a 2,000-year-old genie who is discovered by an astronaut (Larry Hagman), who in turn becomes her new master. As the series continued, “Jeannie” falls in love with “Master” and eventually marries him.

“Jeannie,” which ran on NBC, was created in response to the enormous success of “Bewitched,” which had debuted in 1964 on rival network ABC as the second-most-watched program in the U.S. “Bewitched,” of course, starred Elizabeth Montgomery in a sitcom about a witch who marries a mortal and tries to live as a normal suburban housewife.

Although both series were produced by Screen Gems (in a clever move to capture both sides of the “magic market”), the messages of the two programs couldn’t have been more different.

“Bewitched”—representing the more “modern” worldview—portrayed a strong female character (“Samantha Stevens”) who “chooses” to forsake her magical powers in order to live a normal life (over the strong objections of her “traditional” family).  Although devious elements are constantly trying to destroy their bliss, Samantha and her husband inevitably overcome these forces, most often represented by Samantha’s mother, Endora. But these obstacles fall before Samantha’s strength of purpose, and even the antagonistic mother-in-law admits that the fact that her despised son-in-law “loves my daughter” is stronger magic than her disruptive hexes.

That may have been all well and good for the “middle brain”-dominant crowd of the mid-60s, but the “reptile” was alive and well across town at “Jeannie,” where the uniform of the day was ‘harem girl chic’ and where the inference was pretty clear: for every “master,” a slave.

Apparently even the “traditional” programming execs at Screen Gems weren’t convinced that the “enlightened” audiences of the day could take the show’s premise for long: In the book “Dreaming of Jeannie,” the story is told of how producer Sidney Sheldon wanted to film the program’s first season in color, but NBC wouldn’t pay for the added $400 per episode expense, since neither they nor Screen Gems thought the show would make it to a second season.

It’s enjoyable to poke fun at the prevailing attitudes of an earlier, less “forward thinking” time from the safety of our “enlightened” 21^st Century perches. And while both “Bewitched” and “I Dream of Jeannie” will always hold a sentimental place in the hearts of people “of a certain age,” we might also take away from this reminiscence the knowledge that stereotypes, prejudices, and the “caveman” perspective don’t need any help from us to stay alive and kicking.

They have your reptile brain for that.

Agenda Exclusive

FORT LAUDERDALE— On his final day in office, Broward Sheriff Al Lamberti told the Florida Agenda that as the county’s chief law enforcement officer, he was proud of the national attention he helped draw to hate crimes against some of the most vulnerable and often-overlooked members of our society, including the homeless and even LGBT persons.

In an exclusive interview conducted on January 7 Lamberti, who was appointed Sheriff in 2007 by then-Gov. Charlie Crist following a 35-year career with the Broward Sheriff’s Office (BSO), said that the report this week by the Florida Attorney General’s office ranks Broward County as fifth in the state for total hate crime offenses reported in 2011, the last year for which data is available.

He credits the dramatic drop two “the tenacious attention to this issue that we have shown, and the commitment of our agency to letting the victims know that they can feel comfortable reporting these crimes to law enforcement, and that we have done something about it. In other jurisdictions, that number is skewed,” Lamberti added.

As we reported last year (Agenda, January 12, 2012, “Broward Sheriff on Hate Crimes: We Don’t Want to Be Number One”), “Broward County again led the state in overall reported hate crimes with 19 cases, three less than in 2009. Of the 32 reported hate crimes in Florida that were motivated by sexual orientation, eight of them—25 percent—occurred in Broward.”

“Simply put: we don’t want to be number one in terms of these stats,” Lamberti told the Agenda at the time. That wish was fulfilled last week by Attorney General Pam Bondi’s report.

The state of Florida defines a hate crime as an act committed or attempted by one person or group against another –or that person’s property –that in any way constitutes an expression of hatred toward the victim based on his or her personal characteristics.

As he took in his last day in office, Lamberti said that he is especially proud of the recent National Coalition for the Homeless Hate Crimes Against the Homeless Report, which credits BSO with helping secure passage in 2010 of House Bill (HB) 11 to protect Florida’s homeless, which made attacking one of that vulnerable group a hate crime. Advocates insist that BSO support for the law has led directly to a dramatic drop in the number of attacks against the homeless.

“This was the same legislation that had tried and failed four times before,” Lamberti explained. “I read the hate crimes reports in 2006 and saw that we led the state and said, ‘This isn’t acceptable.’”

Lamberti appointed Capt. Rick Wierzbicki, a former Chief of Police of Wilton Manors, as commander of the BSO Hate Crimes/Anti-Bias Task Force, a unit that has been recognized as one of the foremost in combating hate, fear, and bias.

Among the other accomplishments of which he is most proud, Lamberti noted the fight to close Broward County’s “pill mills,” those clinic and health care facilities that are believed to play fast-and-loose in prescribing and dispensing of controlled substances.

“Kids were dying,” Lamberti told the Agenda. “Broward was ground zero. We went overnight from four of these places to 130,” he stressed. “Something needed to be done. We have managed to cut deeply into that number, with the result being that today there are about 50.”

Lambert’s appointment in 2007 came shortly after former Sheriff Ken Jenne was sentenced to prison for tax evasion and fraud. Elected to a full term in 2008 against former North Bay Village Police Chief Scott Israel, Lamberti once again faced Israel in November, but with the opposite result. The new Sheriff officially took office on January 8.

Lamberti capped his 35-year career with a press conference at the Sheriff’s Headquarters on January 4.  Joined by representatives from several local organizations including the Anti-Defamation League (ADL), as well as Pride Center CEO Robert Boo, Lamberti echoed his comments from precisely one year earlier.

“I am pleased to say we are no longer number one.”

Lamberti noted that when crimes are reported, there is inevitably a spike in the statistics. “Victims are coming forward—very much like what happened in the case of domestic violence. When victims knew they could report without fear, there was a surge in the number of new cases. These cases weren’t real ‘new,’ they just hadn’t been reported before,” he explained.

“This is precisely what will happen in the case of hate crimes. We are going to see victims feeling safe enough to report their crimes, and then the numbers will begin to even off as society begins to deal with educating people on the evils of bias and hate.”

Lamberti says he has no immediate plans for the future (“Maybe CIA Director,” he joked), but says that for now, he is pleased to have accomplished what he set out to do with the agency he once helmed, and with the positive impact he made for some of the most vulnerable members of his charge.

“Victims aren’t Democrats or Republicans, they aren’t gay or straight: They are people,” he noted.

In a tight-knit community like Wilton Manors and Greater Fort Lauderdale, there is a nearly-continuous flow of businesses opening and closing, others expanding and contracting.

From the largest Drive nightclub to the most quaint—read: not large—lunch eatery, most of these establishments, along with the boutiques, galleries, real estate offices, law firms, and snack shops that dot the Gayborhood’s ‘main drag, most of these are small businesses in the eyes of the law.

As reported in the Agenda, the number of new businesses opening in Wilton Manors (including on the North Dixie Highway side), as well as the continued growth in Oakland Park and elsewhere in Greater Fort Lauderdale creates both opportunities and exposure for small businesspersons.

Josh Bloom, Esq. is an attorney with the Fort Lauderdale-based Law Firm of Lubell and Rosen, working with businesses to ensure their compliance with employment law.

What legislation governs wages and overtime in Florida?

The Fair Labor Standards Act (FLSA) is federal legislation that was passed in 1938, its purpose to regulate wages and work hours for employees. The focus of FLSA is the establishment of a minimum wage, as well as payment for overtime, recordkeeping requirements for employers, and child labor regulations.

It is considered a landmark law for the socio-economic development of the modern U.S., and all 50 states, including Florida, are covered under FLSA.

What are some of the important wage requirements of which employers need to be aware?

FLSA requires that employers must pay their employees at least the federal minimum wage. The minimum wage in Florida is $7.25 since 2010. Some states have a higher minimum wage than the federal wage, but here in Florida, the minimum wage always matches the federal minimum wage.

Under the minimum wage rules of FLSA, employers are barred from paying one gender more than the other for equal work. The exception is if the business operates under a seniority system or a merit system, or if wages are based on the quality of work.

Any wages that are taken out of an employee’s paycheck for deductions, or any penalties or fines can’t lower hourly wage to less than the minimum wage.

What are some other situations that are covered under FLSA that directly impact small businesses?

Unpaid overtime. Some businesses aren’t aware that they are in violation of the law if they don’t pay overtime, and that they are also responsible for legal costs if any employee sues for unpaid overtime. This can translate into a major expense for a business that isn’t in compliance.

This is an ongoing process, right—a journey for a business, rather than a destination?

The legal landscape can be treacherous for a smaller business that has grown from a one or two to 15, 18, 20 employees, and finds—or doesn’t find, until it’s too late—that they are under the governance of FLSA and other regulations.

A business also needs to be aware of the existence of anti-discrimination laws, such as the Broward Human Rights Ordinance, which can impact hiring and firing practices.

Besides an attorney, in terms of compliance and other necessities, what else does a business need?

It’s important for a business to have reliable support. This could include an accountant who can maximize all of your business expenses and deductions. This might also entail hiring a payroll company, and taking advantage of new media and support technologies. Depending on the size of your business, you may want to have more than one attorney, such as if you have investors, in which instance you may want to consult with an attorney who specializes in SEC (Securities and Exchange Commission) rules.

Something else that bears mentioning: Year ago, when Steve Forbes was running for President, he was asked, “Since you have so much money, if you’re elected President, will you forego collecting a salary?” And he said, “No, of course not. I believe that if you work, you should get paid.”

Let’s say that you work for a covered entity, a business that might be right here on the Drive, and you happen to be friends with the owner. If they ask you to come in and work to help set up a special event, or help cover part of someone’s shift on a Saturday, you could be entitled to overtime.

There are a lot of businesses with employees who are compensated by tips. How does that affect a business’ compliance with FLSA and other regulations?

The law provides other considerations for businesses in service industries where the employees are tipped. Another case is where employees receive commissions as part or all of their wages. Does the business consider that a bonus or compensation? When and how is it earned? If you leave the business’ employment, are you entitled to that last check? That may be a question that is best asked to a jury.

What does the law say and what do legal precedents say about what is customary in that industry? It’s a question of fact.

Any other “CYA” advice?

Even if you’re using some of the pre-packaged legal documents that are available online or in office supply stores, this isn’t a substitution to sound legal counsel. “Cutting and pasting” is fine, unless you’re cutting and pasting away your rights.

An attorney can see an agreement and understand the finer points, which can mean the difference between life and death for a business, especially in still-challenging times. And both businesses and their employees need to know their rights, and what they’re protected against.

The U.S. Supreme Court has set the dates it will hear oral arguments in the two marriage equality appeals the justices agreed to hear late last year. The first of the cases Hollingsworth v. Perry, which will consider the California ballot initiative that prohibits same-sex marriage—Proposition 8—will be heard on Tuesday, March 26, with arguments expected to last for at least one hour.

In the case of Perry, supporters of Prop. 8 have challenged a ruling by the 9th U.S. Circuit Court of Appeals in San Francisco that found the voter-approved measure violates the 14th Amendment’s equal protection clause by prohibiting a state from defining marriage as the union of a man and a woman.

The case challenging the federal Defense of Marriage Act (DOMA), Windsor v. United States, will be argued on Wednesday, March 27. In Windsor, the justices will rule if Section 3 of DOMA, which establishes that marriage, for all federal purposes, is the union between a man and woman, violates the 5th Amendment’s equal protection guarantee.

Arguably the more sweeping of the two in scope, the Windsor case has been noteworthy not just in its temerity in seeking to shake the foundations of marriage’s very legal definition, but also in the number of distinguished jurists—especially those whose conservative credentials have been otherwise unimpeachable—have ruled that DOMA is unconstitutional.

The plaintiff, Edie Windsor, challenged DOMA after her longtime partner, Thea Spyer, died in 2009, and she was left with an inheritance tax obligation of $363,053 because, in the eyes of the government, she and her partner of more than 40 years were “just friends.”

Even after New York State lawmakers voted to legalize marriage equality in 2011, Windsor was still not eligible for a refund of the hundreds of thousands of dollars she had paid Uncle Sam in inheritance taxes.

In October, the 2nd U.S. Circuit Court of Appeals ruled that DOMA violates the equal protection clause and that Windsor, who is now 83, should not have had to pay an inheritance tax after Spyer’s death. Meanwhile in May, the 1st U.S. Circuit Court of Appeals in Boston—five active judges, three appointed by Republican presidents, two by Democrats—had also ruled, in an unrelated case, against DOMA’s constitutionality.

In that decision, the three-judge panel gave Congress—which had passed DOMA in 1996 with the signature of a bullied President Bill Clinton, who was eager to please moderates in an election year—an earful, reminding them that there are larger concerns than the “will” of conservative lawmakers who were eager to score cheap points with middle America at the expense of the Constitution.

“If we are right in thinking that disparate impact on minority interests and federalism concerns both require somewhat more in this case than almost automatic deference to Congress’ will, this statute fails that test.” Ouch.

WILTON MANORS — Local bartender René Fernández (Cintora) died on December 30, 2012. Described by friends on Facebook as a “great man,” a “good friend,” a “phenomenal individual,” and always in “excellent humor,” Fernandez reportedly died from a lung complications related to an untreated HIV status.

“We lost the most genuine, quick witted and funny person I have ever met in my life,” friend and former co-worker Rob Pucci posted. “I am truly a better person for have known René Fernández.”

At an online condolences guestbook, business owners Dawn and Lori Tanner praised Fernández, saying that, “It was truly and honor to have worked with you, Rene!! The Pink Submarine will always have your fun loving spirit here!! You are so missed already, we love you!!”

According to the legacy.com guestbook, Fernández is survived by his parents, Patricia and René, his sister, Paola, and brother, Roberto. A ceremony was held on Thursday, January 3 at Guiding Light.

A friend of Fernandez who is familiar with his situation, and who asked not to be named, said that his undocumented status led him to refrain from seeking treatment, for fear of official consequences.

Stephen Fallon, Executive Director of Latinos Salud, a Wilton Manors-based non-profit that provides outreach and HIV prevention services to the Hispanic LGBT community, said that any death related to unsought treatment is tragic on many levels.

“It’s just a tragedy when people assume that if they seek treatment it will automatically be linked to systems that will get them deported,” he told the Agenda.

MIAMI — On January 18, the Miami Mavericks, Miami’s LGBT tennis organization, will host the Art Deco Open on Key Biscayne. The event, which will be held at Crandon Park, the home of the Sony Ericsson and the 5^th Grand Slam, is considered the premier tournament of the worldwide Gay and Lesbian Tennis Association (GLTA).

The Art Deco Open, which runs through January 21, attracts players of all levels from around the world, representing France, the United Kingdom, Spain, Italy, and Canada, as well as the U.S.

“This year we are expecting about 150 players worldwide,” Mavericks Treasurer Greg Lloyd told the Agenda. For more information, visit miamimaverickstennis.com.

OAKLAND PARK — The Wilton Manors Business Association (WMBA) will host its January Netwoking Lunch on January 24 at 12 p.m. at Primanti Brothers Restaurant (516 E Oakland Park Blvd., Oakland Park). Said WMBA President Celeste Ellich, “Man does not live by meat, cheese, tomato, cole slaw, fries and bread alone: There’s pizza and beer, too!”

For more information, visit wiltonmanorsbusinessassociation.com.

FORT LAUDERDALE — An event will be held January 9 at the Chill Wine Lounge (1828 E Sunrise Blvd., Fort Lauderdale) to honor Richard Gray and his new position with the Greater Fort Lauderdale Convention and Visitors Bureau.

Gray, the former owner of the Royal Palms Resort and Spa, has been appointed the CVB’s Consulting Managing Director for the LGBT Market. Gray will be responsible for developing strategies to increase global travel and tourism to Greater Fort Lauderdale. The event, which takes place from 5:30 to 8 p.m., will include complimentary wine and hors d’oeuvres.

WILTON MANORS —  Organizers have announced the first annual Wilton Manors Scavenger Hunt, which will take place on Saturday, January 26, starting at 1 p.m. Pre-organized teams of three to four players will meet at Hagen Park, and additional teams will be formed from those who want to come singly.

“It’s a great opportunity to come out and explore historic Wilton Manors,” said event coordinator Adrienne Foland. “You’ll see the businesses you pass daily in a new light while having fun.”

According to Wilton Manors Development Alliance President and CEO Krishan Manners, each team will be given clues leading to a variety of destinations accessible by foot. Teams will be provided maps of the play area and an answer sheet. The team with the highest score of correct answers will be the winner.

“It’s ‘The Amazing Race’ meets ‘Wilton Drive,’ with a bit of ‘Jeopardy’ tossed into the mix,” said Manners, who added that the hunt is expected to take about two hours to finish.

Prizes will be awarded for 1st, 2nd, and 3rd Place, and there will be a post-hunt party at Richardson Historic Park, sponsored by the Pinche Taqueria restaurant.

The Wilton Manors Scavenger Hunt is a fundraising event to benefit both the non-profit Wilton Manors Historical Society and the Wilton Manors Development Alliance (formerly Main Street). For more information, visit wiltonmanorsscavengerhunt.com.