• What is direct action and what you need to pull off your own.

• Overview about occupations-blockades-lockdowns-treesits etc.

• Practicing useful tactics in direct action scenarios

• Your rights in various scenarios presented by the National Lawyers Guild

• Consensus decision making

• Puppet show on security culture by the Autonomous Playhouse

Please RSVP at evergladesearthfirst@gmail.com or call (772) 201-7848

In an article released yesterday from the Palm Beach Post, Staff Writer Stacy Singer reported that State Administrative Judge James H. Peterson, III strongly recommended the denial of the hospital’s application with Florida’s Agency for Health Care Administration (FAHCA) based on legal grounds. The Document in question is the Certificate of Need (CON) which is intended to justify that the new hospital is needed. Based on the judge’s decision, the construction of the new hospital is not necessary.

The appeal against the CON of the Tenet hospital was filed by Jupiter Medical Center and West Palm Hospital who made claims that they would suffer severe economic loss with the construction of this new facility. As justification for the appeal, Jupiter Medical Center claimed to expect over $11 million in losses in the first year if the new hospital were built. The two hospitals in opposition to the project are within a few miles of the proposed Tenet hospital, and they can’t even keep hospital beds full. In fact, South Florida Business Journal reported that only 54% percent of the beds are occupied and about 657 beds are empty every day. Furthermore, Tenet, one of the largest for profit hospital organizations in the country, already owns 60% of the hospitals in the northern Palm Beach County area and the addition of this new hospital would essentially provide them a monopoly over Palm Beach County’s healthcare prices. It was the judge’s opinion that this would likely increase insurance rates for customers in the area.

The judge also claimed that the Tenet hospital offered little to Scripps in its research and clinical trials beyond what other hospitals could provide. The CON claimed one of the hospital’s primary functions would be to facilitate research from the Scripps lab being used in clinical trials. However, the Tenet hospital had prepared to have only one staff position dedicated to this task. According to the judges report, this was not the only claim made by Tenet Healthcare that was highly inflated. Although it was stated in the CON that this facility would become a world class medical research facility, the judge found that there was no evidence of this being the case. It is for these reasons that the judge issued the order that essentially denies the construction of the hospital.

Florida’s Health Care Administration has 45 days from issuance of the recommendation to come to a decision on whether they will challenge the judge’s official order. Though there is precedent for such action, it is unlikely. Especially since FAHCA’s Secretary Liz Dudek didn’t officially recommend the project’s approval the first time around. Normally when a project is proposed it is recommended for approval or denial, but this one wasn’t. In Dudek’s own written words:

“There is no need for an additional small community hospital that offers basic services.”

Tenet, Scripps, and the PBG government will likely have to appeal the judge’s ruling in a Florida State Court of Appeals if they hope to see this decision overturned.

So, what does this mean for the Scripps Phase II project? Scripps wanted Tenet bad. A previous PBP article reported that the land that Tenet would be building on is owned by the county, but Scripps leases it from the county for $1 a year. A letter of Intent signed in 2011 between Tenet and Scripps would have Tenet lease the land from Scripps for $5 million dollars a year, profiting big off the benevolence of the county. Over the course of a 34 year lease, Scripps would have profited nearly $170 million from the proposed hospital. Scripps would also have had Tenet employees count towards their employee total, which is important for Scripps when demonstrating their job creation ability.  With the $310 million state grant for the Scripps Phase II/Briger project expiring this year, Scripps is likely to run into financial difficulties and the loss of revenue from this hospital could be disastrous for them. The CEO of Scripps, Michael Marletta, is quite disappointed in the decision, but says they will still try to get a hospital built on the county property.

Even Shannon Laroque, the Assistant County Administrator and Scripps Program Manager, is pretty upset about this. She pushed hard for this hospital to get approved and found it an integral part of Scripps Phase II. In a 2011 article she made it clear by saying,

“Every other successful biotech/biomedical industry cluster is ‘anchored’ with large non-profit research facilities, a major university, and a teaching/research hospital. We cannot realize a return on the very large investment made by the Board of County Commissioners and the State of Florida without it.”

Additionally, The Kolter Group, the development firm looking to buy the portions of the Briger Forest not zoned for biotech, may not be as interested in becoming involved in light of the project’s recent difficulties.

As upset as all these profiteers are, we in the fight to protect the Briger are thrilled! Councilman David Levy said this decision could set back development of the Briger property two or three years. If we have anything to say about it, those few years will turn into the permanent preservation of the land. We’re still here to make sure they never break ground on this project. Keep it wild!

Voice your opinion. Tell Secretary Liz Dudek to respect the judicial order of Judge James H. Peterson, III and deny the Certificate of Need for the Tenet Healthcare Hospital by contacting her Chief of Staff:

Jenn Ungru, Chief of Staff- FAHCA
(850) 412-3606

Reference CON Application No. 10130

Extra sources:

The Sun Sentinel, Jupiter Medical Center, HCA Oppose Tenet/Scripps Medical Hospital

Palm Beach Post Blog, http://blogs.palmbeachpost.com/npbc/2013/05/03/gardens-council-react-to-tenet-hospital-rejection/

Sunshin State News, http://www.sunshinestatenews.com/story/scripps-jupiter-facility-falling-short-job-creation, Rockwell, L.

JMC Tenet Judge Order

On Sunday, April 14th, folks from Everglades Earth First! joined South FL Smash Huntington Life Sciences’ (Smash HLS) demonstration outside of John Resuta’s empty suburban home. John is the Operations Manager at Primate Products in the Live Animal Division located in Doral. As a higher up who profits off of the selling of primates, he is not well liked. The protest, scheduled from 6-8, ended as it usually would…with a chant: You don’t know when, but we’ll be back!

Cross posted from the Earth First Newswire

by Panagioti, EF! Journal

Last month, Everglades Earth First! (EEF!) announced that it would be putting land developer Kolter in the cross-hairs of its campaign against Scripps Biotech and the destruction of Briger forest in northern Palm Beach County. Yesterday, they followed up with a bold office demo and theatrical hell-raising. [Check out the local news coverage here.]

Even the devil came out to shame Kolter

EEF! was joined by members of the Palm Beach County Environmental Coalition and Smash HLS, a South Florida-based anti-vivisection group. The demonstration, which included a menacing presence at the windows of Kolter employees, also entered the offices of Kolter and Kast (Kolter’s associated construction company) as well as their neighboring business, to let them know what is at stake if the Briger forest is lost.

A Kolter bulldozer aims for a young gopher tortoise

Though Palm Beach County politicians have declared the Scripps plan a done deal, Kolter has not yet closed on the deal to develop Briger. Likewise the South Florida Water Management District has not approved the needed Construction and Operation Permit (which requires presenting plans for protecting listed species such as hands ferns and gopher tortoises, as well as a hazardous waste management plan). The Scripps-Briger “Phase II” plan was slated to have begun construction years ago.

This condo costume came back out to the streets after having been created in the fight against Scripps back in 2005

This campaign against Kolter is only the latest stage of an anti-Scripps effort going on nearly nine years of organized opposition, when Jeb Bush first tried to ram through a scheme of biotech venture capitalism in Florida (funded by near $1 billion in corporate welfare hand-outs.)

Scripps Biotech was defeated in 2006 by a combination of protest and environmental lawsuits, after all the permits were approved and the developers (which at the time was Catalfumo famed domestic abuser and financial failure) had already poured concrete at Mecca Farms.

Joanne Davis of 1000 Friends on her trip with the New Times journalist who exposed Jeb’s original Scripps plan.

Over the next five years, a majority of the PBC County Commissioners who approved Scripps (four out of seven) were forced out of office for exposed corruption, with three of ‘em being sent to prison after pleading guilty to “Honest Services Fraud.”  This County even landed itself a headline in Time magazine

From the perspective of having personally been there most every step of the way, I guess I would say “done deal” my fucking ass.

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If you value these stories from the frontlines of ecological resistance, help keep us around by subscribing or donating to the Earth First! Journal.

Kids get revenge for the tortoise friend.

Tell Kolter to Drop the purchase of the Briger Forest!

Come out tomorrow ready to hoot, holler and have a good time at the expense of Kolter’s comfort! Rally at 3:30PM at 701 S. Olive St., West Palm Beach, FL. For more info, contact evergladesearthfirst@gmail.com

Various groups released a press release declaring their commitment to descend upon the HQ of Kolter Group Co. tomorrow. Press are already covering the event, below are excerpts of their press release:

From Everglades Earth First! “Are these developers actually insane, or just heartless? Will they not stop their crusade of pillage and plunder until every last patch of land is covered by concrete and strip malls– until the value of every single thing is measured by how much money it can stuff into the pockets of the already too rich? We can’t help but think what Palm Beach County used to look like before concrete was laid in the name of “progress”– before these developers got their greedy hands on this once beautiful place. When will it stop? How far will we allow this to go?”

From the Palm Beach County Environmental Coalition:

Sara Henry from PBCEC says: “If preserved, restored, and made accessible tothe public, the Briger Forest has the potential to become a community resource of limitless value. I want Kolter to walk away from this deal. It’s not much to ask. The Briger Forest is an extremely unique cultural resource now that development has made this forest the last surviving ecosystem of its kind in Florida’s Eastern Corridor.”

Earth First! Activists With Puppets and Costumes Marching on Kolter Group to Protect Briger Forest

Briger has been in the sights of developers and the county’s business establishment ever since Jeb Bush birthed the idea of bioscience as the Holy Grail of local economic growth. Jeb’s brainstorm fizzled out. There’s still money to be made on the hustle, though, and now the Kolter Group is looking to cash in, with a scheme including housing, office space, and… more bioscience!

Whereas, faculty are concerned about the GEO Group’s management of its institutions in the U.S. and abroad; and

 Whereas, faculty oppose important administrative decisions being made without participation or input from faculty, staff, or other FAU stakeholders; and

Whereas, the GEO Group’s business practices do not align with the missions of the university; and

Whereas, faculty think that the stadium naming has hurt the reputation of the university;

Be it resolved, that the faculty oppose naming the FAU football stadium the GEO Group Stadium.

Tepid as it is — and notable for its absence of any proposed response should the school stand by its complicity with the notorious human rights abuser — the resolution represents one small step for academic integrity.

Failure to pass the measure would expose the faculty as mere careerists and moral cretins. The French call it la trahison des clercs. Faculty, one hopes, know what it means. You can look it up.

Fire Ant — an invasive species, tinged bright red, with an annoying, sometimes-fatal bite — covers Palm Beach County. Got feedback or a tip? Contact Fire.Ant@BrowardPalmBeach.com.

Jupiter Town council Approves Road through Limestone Creek and Kennedy Estates Despite Opposition

Last night after 11:30PM the last item on the Jupiter Town Council meeting was a vote on the alignment of the island way road, which is slated to pass through Limestone Creek and Kennedy estates. The road, which was stalemated in the Palm Beach County Board of Commissioners in mid-October in 3-3 locked decision, was unanimously passed last night by the Jupiter City Council. The decision specifically was to spend $600,000 to buy 7 parcels of property needed to install the road. This purchase will be fast tracked as a quick sale and is expected to be purchased no later than December 31st! There were only 6 people in opposition to the road present, one of which will have it right at their doorstep.

Although the county did not pass it in October, it can be revisited by them since it was a tie and the Jupiter Town Council stated that they intend to urge them to revisit it. Last night Karen Golonka invited all the opposition to contact her as she would not tolerate the misinformation and insults that the Palm Beach County Board of Commissioners tolerated when they took the vote in October, so bring it to her folks!

Please call/send an e-mail to the council members of Jupiter and voice your opposition to this road!

(561) 746-5134
towncouncil@jupiter.fl.us

Key Talking Points:

-Thought this was a finished issue with the county. It is irresponsible that the council put this item on as the last item at the peak of holiday season after a huge town issue that went on for 3 hours. Agenda items are only released 2 days before a meeting, so it is difficult to organize quickly around issue.

-The road is slated to go through Limestone Creek a community that was founded by freed slaves and has been at the hands of colonialist decision making since its inception. This is no different. The residents of Limestone creek voiced their opposition to the road, and PBC Board of Commission was split because of this. The town of Jupiter should not ignore the concerns they had:

FURTHER READING:

PB Post Article about the vote before it happened. Please comment on article!

Jupiter Town Council Agenda for Dec 18th 2012- Item 100-12

Article on the PBC Board of Commission dropping the proposal in October.

Click on the image for the PDF of this document on the history of Black Jupiter

The threat of Scripps Florida reveals a new tentacle, as the Hawkeye biotech development plans unfold before us. The Palm Beach County Commission is scheduled to make a final vote on the road expansion, which is needed for the development to move forward, on Tuesday, Oct. 16, 9:30am, at 301 North Olive Ave (6th Floor).

[Help mobilize for this hearing, and educate yourself by reading the information below.]

Last week, the South Florida Times reported that dispute between a developer and residents of a historically black neighborhood in Jupiter has sparked a charge of environmental racism over a proposed new road—the southern extension of Island Way, off Indiantown Road.

No one, thus far, has attempted to refute the charge of racism. But the attorney for the developer was arrogant enough to say residents are wrong in believing the road would run through their Limestone Creek community.

A future image of the Hawkeye plan, this spot shown along the canal is currently quiet historic residential community, neighboring a forest full of biodiversity.

Allen Ciklin, attorney for Hawkeye Unlimited said the road would not run through Limestone Creek but would be “built adjacent to Kennedy Estates.”

Residents at a September 11th County Commission hearing responded loud and clear that the Kennedy Estates neighborhood is part of the 100+ year old Limestone Creek community. It has only become so severed from the northern remnant of this historic community as a result of the racist road-building plans and real estate speculation schemes that now define modern Jupiter.   

Kids playing basketball at Kennedy Estates park

All four of the “alternate” road plans presented to the County include increasing traffic exponentially (in a neighborhood which currently has no through-traffic), within 50 feet of a park and playground.

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According to County reports, all four road plans also include a loss of habitat for the endangered gopher tortoise, whose burrows provide homes for other animals including indigo snakes, gopher frogs, foxes, rabbits, quail and burrowing owls.

An occupied gopher tortoise burrow in the path of Hawkeye’s biotech plan

In Florida gopher tortoises are on the Endangered Species List, categorized as a Threatened Species. Their primary reason for being endangered is a loss of habitat.

This expanded two-lane road would lead to an 82-acre site slated for the Hawkeye biotech development. The plan straddles one of the cleanest and most ecologically important canals in the County: the C-18. Sure, it’s got a boring name now, but this is the waterway which maintains the historic connection between the Loxahatchee Slough and the Loxahatchee River. Further polluting the C-18 will impact one of the wildest and most well-utilized natural recreation resources in the Treasure Coast region.

Would you want to live near a place where laboratory waste could pollute the waterways that you drink from or swim in? This development doesn’t only threaten the Limestone Creek community, it poses direct threats to all North County residents in the Loxahatchee watersheds and those who drink from Jupiter’s well-fields which surround the proposed site.

Exactly what does Hawkeye plan to do there, and how will they deal with bio-hazardous waste? Much like Scripps, no one knows. What we do know is that the site is surrounded by the Town of Jupiter’s well-fields—a primary source of drinking water for the area.

And speaking of Scripps, The Palm Beach/Broward New Times has also published some essential reading for anyone interested in the story of Limestone Creek, the connection to Scripps Biotech, and the history of corporate welfare and crooked dealings, dating back to Mecca Farms. The article is entitled “Scripps Research Institute and the Paving of Black Jupiter” and it starts like this:

If history were clout, the people of Kennedy Estates would wear crowns. But history is bunk, and the black enclave’s residents are mere sand in the gears to the machinery of power.

Another protected species, Royal Fern or Osmunda regalis, located on the proposed development site.

It continues on: Nestled away in a small grid of streets in West Jupiter, the community is a part of the historic black neighborhood of Limestone Creek, where former slaves and their families migrated south more than 100 years ago in search of work on Palm Beach County’s railways and farms. Through the years, white Jupiter’s luxurious homes and gated communities sprang up around the black settlement, which remained out of sight and out of mind. Black graves lie unmarked where housewives jog past.

White Tail deer track on the Hawkeye site, indicating that the forest is of value to a the wider ecosystem of the Loxahatchee watershed, which is still largely connected by the C-18 Canal.

Now, however, as a consequence of the arrival of the Scripps Research Institute in northern Palm Beach County, a line of development dominoes threatens to collapse on Kennedy Estates, and West Jupiter’s black community has the full attention of the power elite. The residents wonder if it’s for good or for ill…

After you finish reading the rest of that article, if you are interested in further reading:

• Check out this PDF of Black Jupiter, The Untold Stories, by the Loxahatchee River Historical Society
• Check out a PDF of Limestone Creek: An Oral History, by Sara M. Stout
• Check out the history of Environmental Racism and the Environmental Justice (EJ) movement that has challenged it across the country, in this interview with Robert Bullard, a founder of the EJ movement, conducted by the EF! Journal  back in 2000.]

This coastal flatwoods ecosystem that currently exists on Hawkeye proposed biotech plan, pictured above and below, is an increasingly rare habitat. Along with the Briger forest, this spot represents some of the last remaining remnants in South Florida.

If you are interested in helping spread the word, or volunteering to survey the threatened forest and waterway, get in touch!

Shinny Blueberry, Vaccinium myrsinites

Limestone Creek Coastal Flatwoods

Florida box turtle, Terrapene carolina bauri

False Pennyroyal, Piloblephis rigida

Land cleared on the south end of Briger, along Hood Road.

By now, many have noticed that there is land clearing and development going on at the south edge of the Briger Forest. As it stands, the southwest corner of the Briger is the future home of a Jewish Community Center (JCC).

The legality and ecological impacts of this work is yet to be determined, as research is currently under way to investigate whether appropriate permits and approvals exist for this project.

Nonetheless, we are getting organized to defend the forest from further incursion, in what the Palm Beach Post has called “The Building Boom on Hood Road.”

This Summer, the City of Palm Beach Gardens approved building plans for Franklin Charter School on the west side of the forest (also on Hood Road, west of I-95). This side of the forest was found by local volunteer research and the Treasure Coast Regional Planning Council to be even wilder and less impacted than east of I-95.

Click here to see an aerial map of what they have in store for one of the last remaining forests in the eastern corridor of South Florida.

And then there is the contentious Scripps-related hospital, which is being opposed by the Jupiter Medical Center.

Last week, Palm Beach County Assistant Administrator Shannon LaRocque-Bass said “The hospital is the trigger for getting the Briger property going.”     

The hospital is clearly not needed. It would be less than 3 miles from the Jupiter hospital and less than 5 miles from the Palm Beach Gardens Medical Center. The Florida Agency for Health Care Administration board is expected to decide this spring if construction of the hospital will be allowed.

Could this be the beginning of finally facing Scripps Biotech as a financial failure and preparing for other threats to the forest, or will we need to defend Briger on multiple fronts? Stay tuned for updates.   

Land cleared on the south end of Briger, near Hood Road and I-95, for the JCC construction