GOP mounts last-ditch effort to restrict redistricting case

Herald/Times Tallahassee BureauMay 19, 2014 

Florida Redistricting

State Sen. Audrey Gibson, D-Jacksonville, dubbed her newly aligned Senate area "The Bullwinkle District" after the Senate voted 31-6 for new district maps March 22, 2012 during a special legislative session at the Capitol in Tallahassee. BILL COTTERELL/Florida Capitol Bureau


TALLAHASSEE -- Political consultants for Florida's Republican legislators mounted a last-minute attempt to keep key emails, maps and planning documents out of a court case scheduled to begin Monday over the state's congressional districts.

The trial is schedule to last two weeks and two days and include the testimony of the state's top Republicans and their closest advisers, from Senate President Don Gaetz and House Speaker Will Weatherford to dozens of members of the lobbying and political consultancy industry in Tallahassee.

The appeal to the First District Court of Appeal in Tallahassee comes after a circuit court judge ruled twice last week that several documents termed confidential "trade secrets" by political consultant, Data Targeting and its owner Pat Bainter, should become public if used in court by lawyers.

The high-profile legal scramble comes just before a two-week redistricting trial is scheduled to begin Monday in the Second Judicial Circuit in Leon County. The League of Women voters and seven Florida voters are suing the state for violating the state law prohibiting legislators from protecting political parties and incumbents when redistricting the state.

They told the court they plan to use the documents to argue Bainter and his staff partners, Matt Mitchell and Michael Sheehan, "surreptitiously participated in the process of preparing the 2012 Congressional Plan," which they contend unfairly benefits incumbents.

Lawyers for Bainter, who are paid by the Republican Party of Florida, want the First DCA to order Lewis to halt proceedings in the trial while it appeals Lewis' decision not to close the courtroom when witnesses discuss their documents. Lawyers for the House and Senate have petitioned the court saying they have not taken a position on the issue.

The parties have been fighting for more than a year over whether the emails between legislators, staff and the political consultants should be kept secret. Circuit Court Judge Terry Lewis last fall appointed a special master, Major Harding, a former Florida Supreme Court justice, to review 1,833 pages of documents. He concluded the documents could remain secret but Lewis conducted a separate review and decided 538 of them were relevant to the case and should be disclosed.

Bainter's lawyers then asked Lewis to clear the courtroom if the documents are introduced during trial, claiming the release of the proprietary documents would result in irreparable harm.

"... disclosure of the lists of people with whom the Non-Parties (Bainter and partners) associate -- their names, contact information, and sometimes controversial views -- would tear at the very fabric of the First Amendment that views '(a)nonymity a shield from the tyranny of the majority,'" Bainter's lawyers wrote.

Lewis also rejected those arguments and refused to order the courtroom be cleared, prompting Bainter's lawyers to appeal to the First DCA.

The First DCA gave the coaltion's lawyers until 5 p.m. to respond to the request to stay Lewis' order. The coalition asked the court to reject the appeal and noted Bainter's lawyers failed to include any of the documents and did not describe them for the court.

"These documents are not subject to First Amendment protection and certainly do not constitute trade secrets," lawyers for the citizens coalition argued.

They said they will show the court that the Republican consultants "were involved in coordinated efforts to undermine the public redistricting process and thereby influence the 2012 Congressional Plan."

They alleged that "legislators and staffers collaborated with Petitioners (Bainter) and other partisan operatives to conduct a separate redistricting process that was not only apart from the public process -- but actually perverted the public process itself."

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