First Amendment and Sunshine Laws

By Melissa Phillips

10th grade, Lakewood High School, St. Petersburg

One of the most important parts of the First Amendment to the United States 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 comes 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 to say that they believe that the nearby construction zone is encroaching upon their neighborhood. Or a person can call to complain about someone breaking a law or violating their rights, without being turned away before their voice is even 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 allows all municipal records in the State of Florida to be open 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 which they may use to petition but rather take up a different approach. 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 was built right next to my neighborhood, and less than 200 feet from my home. The construction began at six every morning, and large bulldozers and cranes shook and rumbled my home until seven at night. Despite the disturbance to the neighborhood, the Publix itself was a welcome addition. What was not welcomed, however, was a plan by Porter Development Company to construct a five story condominium which would tower above our homes, 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 Saint 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 their traffic studies were flawed, and that adding the condominium in addition to the retail traffic from Publix grocery, would put a 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 were able to prevent a possibly disastrous situation.

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

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