Florida ACLU Leader Simon Retiring After Decades of Battles
Howard Simon began his career fighting for voting rights, and he'll end more than four decades of civil-rights advocacy championing the same issue.
April 10, 2018 at 12:38 PM
5 minute read
Howard Simon began his career fighting for voting rights, and he'll end more than four decades of civil-rights advocacy championing the same issue.
Along the way, the executive director of the American Civil Liberties Union of Florida has plagued the Republican-dominated Legislature and more than one GOP governor, emerging victorious in court battles involving abortion, gay adoption and drug testing of some of Florida's neediest people, to name just a few issues.
Simon, 74, will retire from the ACLU post he's held for 21 years following the November elections, in which voters will have an opportunity to weigh in on a battle he views as significant as the one that ultimately secured the right to vote for black Americans.
“I came in on voting rights. I'm going to retire after this monumental battle on voting rights,” Simon told The News Service of Florida in a lengthy interview Monday.
Simon and the ACLU's state and national organizations have been instrumental in garnering support for the “Voting Restoration Amendment,” which would automatically restore the right to vote for felons who have completed their sentences, fulfilled probation or parole and paid restitution. The proposal, which excludes felons convicted of murder or sexual offenses, will appear as Amendment 4 on the November ballot.
If approved by 60 percent of voters, the measure could impact an estimated 600,000 Floridians who are now unable to cast ballots.
Under Florida's current system, felons must wait five to seven years before applying to vote. Just a fraction — about 10 percent — of those who have applied since Gov. Rick Scott and the Florida Cabinet toughened the process after taking office in 2011 have had their rights restored, according to the state's Commission on Offender Review. U.S. District Judge Mark Walker recently ruled that the current process is unconstitutional and gave Scott and the Cabinet, who make up the Board of Executive Clemency, until April 26 to revamp the system. The state is appealing the decision.
Simon praised Walker's ruling but said it didn't go far enough.
Getting rid of what Simon called an unfair system by altering the Constitution “is going to change Florida,” the former philosophy professor said.
“For me, what Amendment 4 is all about is a moral issue. When do people earn their way back into the community? There is no permanent second-class status. People break the law. They should be punished. But morally, there's got to be a way in which people earn a right back into the community,” Simon said.
With his thick New York accent and eminently quotable remarks, Simon has been the go-to guy for reporters covering the myriad lawsuits in which his civil-rights organization racked up a series of victories over the years.
Since Simon has been at the helm, the ACLU backed Michael Schiavo in a skirmish over then-Gov. Jeb Bush and the Legislature's efforts to keep Schiavo's wife, Terri, on life support.
The ACLU also successfully challenged Scott's attempt to require people applying for temporary assistance, whom a former state official called “the poorest of the poor,” to undergo drug tests. Scott also lost a similar case involving mandatory drug testing of state employees.
The ACLU also participated in or played a major role in numerous lawsuits focused on abortion rights and elections.
Before becoming the ACLU's chief in Florida, Simon spent more than two decades in the same role in Michigan.
During his tenure there, the civil-rights organization uncovered the FBI's involvement in a 1961 attack on the Freedom Riders during the civil-rights movement. The Michigan organization's work led to a federal judge's finding that the FBI's informants were responsible for the attack.
Simon said that perhaps the most fulfilling triumphs he's participated in have come in the arena of gay rights.
The ACLU represented Martin Gill, a gay man raising two foster children with his partner, in a challenge against the state's ban on gay adoption. In 2010, a judge ruled that the law violated Gill's equal-protection rights. A state appeals court upheld the decision, and former Gov. Charlie Crist's administration did not appeal the ruling.
More recently, the ACLU represented couples in a challenge against Florida's same-sex marriage ban. The court sided with the gay couples, and the decision was later cemented by a U.S. Supreme Court decision striking down state prohibitions against same-sex marriages.
“They weren't just legal victories. What thrills me about this is, we helped create families,” Simon said.
Others might be discouraged about opening and closing a nearly 50-year vocation on the same issue, but not Simon.
“What sustains me personally is that, with progress and human rights and civil liberties in the U.S., it's always two steps forward and one step back,” said Simon, whose 44 cumulative years as an ACLU state director is the longest in the national organization's 98-year history.
The country is in the midst of “a big step back” under President Donald Trump, Simon said.
But, unlike when he first got into the civil-rights business, volunteers aren't being killed as they register people to vote. And advances have been made for blacks, women and the LGBTQ community, Simon said.
“There is progress. We don't live in racial apartheid,” he said. “Race is a constant issue in America, but we're not the same country. It's two steps forward and one step back and we're much better than we were.”
Dara Kam reports for the News Service of Florida.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Disease-Causing Bacteria': Colgate and Tom’s of Maine Face Toothpaste Class Action
3 minute readFlorida-Based Law Firms Start to Lag, As New York Takes a Bigger Piece of Deals
3 minute readFowler White Burnett Opens Jacksonville Office Focused on Transportation Practice
3 minute readDisbarred Attorney Alleges ADA Violations in Lawsuit Against Miami-Dade Judges
3 minute readTrending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250