President Trump, left, and Department of Homeland Security Secretary Kristi Noem, front, joined Florida officials in a July 1 tour of Alligator Alcatraz.
Five Democratic state lawmakers who are suing the DeSantis administration after being denied access to a migrant detention facility in the Everglades dubbed “Alligator Alcatraz” allege their rights to inspect such state facilities were violated.
The petitioners – state Sens. Shevrin Jones (D-Miami Gardens) and Carlos Smith (D-Orlando) and Reps. Anna Eskamani (D-Orlando), Angela Nixon (D-Jacksonville) and Michele Rayner (D-St. Petersburg) – initially filed their petition with the state Supreme Court on July 10. But on Monday, the high court transferred the petition to the Second Judicial Circuit Court in Leon County.
The lawmakers argue that their attempt to conduct an unannounced visit to the “Alligator Alcatraz” facility on July 3 was in accordance with state laws giving the legislative branch authority to conduct such investigations, especially given that there were reports the facility was flooded due to recent rains.
“The unannounced inspection of the facility falls squarely within the petitioners’ purview and oversight duties as state officers and members of the Florida Legislature,” the petition states.
The lawmakers were denied access to the facility, previously known as the Dade-Collier Training and Transition Airport, by two state employees who told the petitioners that they could not enter due to “safety concerns.” The legislators are now asking the court for what is called a quo warranto writ in order to challenge the powers exercised by Gov. Ron DeSantis and Kevin Guthrie, director of the Florida Department of Emergency Management.
“The blatant, illegal and cavalier nature of violation of the Florida Constitution and statutory authority puts members of the legislative and judicial branches at risk if we, those sworn to protect and defend the Constitution and rule of law, do not speak out loudly and boldly against its trespasses and transgressors,” the petition states.
In a statement emailed to the Florida Record, the Florida Governor’s Office said the lawsuit was frivolous and stupid.
“On Wednesday, July 9, the Florida Division of Emergency Management invited all Florida legislators to tour Alligator Alcatraz on Saturday, July 12,” the statement says. “Thursday, July 10, five Democrat legislators responded by filing a frivolous lawsuit demanding access to Alligator Alcatraz. The state is looking forward to quickly dispensing with this dumb lawsuit.”
The lawmakers suggested that the judicial branch, like the legislative branch of the state government, could also one day see its powers shrink as a result of a power grab by the executive branch.
“What makes our state court system, the third and co-equal branch of government, safe from erosion if the governor should become displeased with a decision or a ruling?” the petitioners said. “He has shown he is willing to defy the rule of law when it suits his political whims and ambitions.”
The detention facility was constructed in eight days using only state funds, according to the petition, even though the facility is to be used in support of federal immigration authorities.
The state’s Supreme Court did not say why it transferred the petition to Leon County for adjudication.
“The transfer of this case should not be construed as an adjudication or comment on the merits of the petition, nor as a determination that the transferee court has jurisdiction or that the petition has been properly titled as a writ of quo warranto,” the high court said. “The transferee court should not interpret the transfer of this case as an indication that it must or should reach the merits of the petition.”
