A Letter sent to the Tyrants of the Florida Gaming Control Commission
After experiencing the abuse of power and Conduct Unbecoming by these three men:
Our office sent the following letter to the Florida Gaming Control Commission:
Law Office of Lonesome Glory Publications
February 4, 2024
RE: Case #O33B46A22Z-24
As a former Jockeys Guild member and journalist, I am dedicated to the integrity of our sport.
On or about February 2, 2024 at Tampa Bay Downs, (located at 11225 Race Track Rd N Tampa, FL 33626 United States), a thoroughbred horse owner informed me that he politely asked two men who were wearing the FGCC insignia on their shirts who they were.
The above mentioned owner informed me that the two men laughed at him “smugly,” then, walked away.
These are the two men:
I approached one of the above described men the next day (on or about February 3, 2024,) and asked him his name, and his response was (paraphrased): “I do not need to tell you who I am.”
At that time, two other men wearing shirts displaying the FGCC insignia surrounded me and attempted to intimidate me. The other two men refused to identify themselves when I asked them their names.
As you and I both know, Ms. Harris, It is unlawful for public employees and/officers to operate in any private capacity while on duty. As John Fitzgerald Kennedy stated during his speech on April 27, 1961, “ We intend to accept full responsibility for our errors; and we expect you to point them out when we miss them.” (As a token of our gratitude, our office has provided a transcript of Mr. Kennedy’s speech at the bottom of this email, post script, for your enjoyment.)
The nature of this communication is that the FGCC may be duly informed.
To treat a thoroughbred horse owner and bettor with such contempt is Conduct Unbecoming of an officer; however, to operate in a private capacity and to, furthermore, intimidate (and therefore,) harass the betting public is an outrage; and it is against both federal and state statutes.
These three men (essentially) chased a bettor away from the parimutuel window just minutes prior too his wagering on the most lucrative race on the card of that day.
pursuant to H.R 350 of the 117 Congress, our office is not willing to dismiss such charges.
Subsequently, we have filed a freedom of information act request as the fittest, legal avenue in order for the above described men to be bought to justice in the intent that the FGCC complies with both state and federal laws.
In response to the abusive action(s) of the above noted officers of the Florida Gaming Control Commission, we have been behooved to submit the following complaint to the Florida Gaming Control Commission:
To: the Florida Gaming Control Commission
“Please be advised of the following errors:
February 4, 2024
RE: Case Number: O33B46A22Z-24
On February 3, 2024 three officers of the Florida Gaming Control Comission did knowingly violate the following:
U.S. Const. amend I.
Florida statute title X chapter 112 section 311 (5) (6).
Florida statute Title XIX Chapter 286 section 011
Sec. 112.313 (6) Fla. Stat
Article II, section 8(h)(2) Florida State Constitution
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Florida statute title X chapter 112 section 311 (5) (6).
Specifically:
“(1) It is essential to the proper conduct and operation of government that public officials be independent and impartial and that public office not be used for private gain other than the remuneration provided by law. The public interest, therefore, requires that the law protect against any conflict of interest and establish standards for the conduct of elected officials and government employees in situations where conflicts may exist.”
“(5) It is hereby declared to be the policy of the state that no officer or employee of a state agency or of a county, city, or other political subdivision of the state, and no member of the Legislature or legislative employee, shall have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or incur any obligation of any nature which is in substantial conflict with the proper discharge of his or her duties in the public interest. To implement this policy and strengthen the faith and confidence of the people of the state in their government, there is enacted a code of ethics setting forth standards of conduct required of state, county, and city officers and employees, and of officers and employees of other political subdivisions of the state, in the performance of their official duties. It is the intent of the Legislature that this code shall serve not only as a guide for the official conduct of public servants in this state, but also as a basis for discipline of those who violate the provisions of this part.
(6) It is declared to be the policy of the state that public officers and employees, state and local, are agents of the people and hold their positions for the benefit of the public. They are bound to uphold the Constitution of the United States and the State Constitution and to perform efficiently and faithfully their duties under the laws of the federal, state, and local governments. Such officers and employees are bound to observe, in their official acts, the highest standards of ethics consistent with this code and the advisory opinions rendered with respect hereto regardless of personal considerations, recognizing that promoting the public interest and maintaining the respect of the people in their government must be of foremost concern.”
Florida statute Title XIX Chapter 286 section 011
Specifically:
“(1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings.”
U.S. Const. amend I.
Specifically:
“… freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Sec. 112.313 (6) Fla. Stat
Specifically:
“(6) MISUSE OF PUBLIC POSITION.—No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. …”
Article II, section 8(h)(2) Florida State Constitution
Specifically:
“2 (A) public officer or public employee shall not abuse his or her public position in order to obtain a disproportionate benefit for himself or herself; his or her spouse, children, or employer; or for any business with which he or she contracts; in which he or she is an officer, a partner, a director, or a proprietor; or in which he or she owns an interest. The Florida Commission on Ethics shall, by rule in accordance with statutory procedures governing administrative rulemaking, define the term “disproportionate benefit” and prescribe the requisite intent for finding a violation of this prohibition for purposes of enforcing this paragraph. Appropriate penalties shall be prescribed by law.”
“
Post Script:
“The very word “secrecy” is repugnant in a free and open society; and we are as a people inherently and historically opposed to secret societies, to secret oaths and to secret proceedings. We decided long ago that the dangers of excessive and unwarranted concealment of pertinent facts far outweighed the dangers which are cited to justify it. Even today, there is little value in opposing the threat of a closed society by imitating its arbitrary restrictions. Even today, there is little value in insuring the survival of our nation if our traditions do not survive with it. And there is very grave danger that an announced need for increased security will be seized upon by those anxious to expand its meaning to the very limits of official censorship and concealment. That I do not intend to permit to the extent that it is in my control. And no official of my Administration, whether his rank is high or low, civilian or military, should interpret my words here tonight as an excuse to censor the news, to stifle dissent, to cover up our mistakes or to withhold from the press and the public the facts they deserve to know
…For we are opposed around the world by a monolithic and ruthless conspiracy that relies primarily on covert means for expanding its sphere of influence–on infiltration instead of invasion, on subversion instead of elections, on intimidation instead of free choice, on guerrillas by night instead of armies by day. It is a system which has conscripted vast human and material resources into the building of a tightly knit, highly efficient machine that combines military, diplomatic, intelligence, economic, scientific and political operations.
Its preparations are concealed, not published. Its mistakes are buried, not headlined. Its dissenters are silenced, not praised. No expenditure is questioned, no rumor is printed, no secret is revealed.
No President should fear public scrutiny of his program. For from that scrutiny comes understanding; and from that understanding comes support or opposition. And both are necessary. I am not asking your newspapers to support the Administration, but I am asking your help in the tremendous task of informing and alerting the American people. For I have complete confidence in the response and dedication of our citizens whenever they are fully informed.
I not only could not stifle controversy among your readers–I welcome it. This Administration intends to be candid about its errors; for as a wise man once said: “An error does not become a mistake until you refuse to correct it.” We intend to accept full responsibility for our errors; and we expect you to point them out when we miss them.
Without debate, without criticism, no Administration and no country can succeed–and no republic can survive. That is why the Athenian lawmaker Solon decreed it a crime for any citizen to shrink from controversy. And that is why our press was protected by the First Amendment– the only business in America specifically protected by the Constitution- -not primarily to amuse and entertain, not to emphasize the trivial and the sentimental, not to simply “give the public what it wants”–but to inform, to arouse, to reflect, to state our dangers and our opportunities, to indicate our crises and our choices, to lead, mold, educate and sometimes even anger public opinion.
This means greater coverage and analysis of international news–for it is no longer far away and foreign but close at hand and local. It means greater attention to improved understanding of the news as well as improved transmission. And it means, finally, that government at all levels, must meet its obligation to provide you with the fullest possible information outside the narrowest limits of national security–and we intend to do it.
…And so it is to the printing press–to the recorder of man’s deeds, the keeper of his conscience, the courier of his news–that we look for strength and assistance, confident that with your help, man will be what he was born to be: free and independent.”
John Fitzgerald, Kennedy, April 27, 1961
Fraternally Yours;
Lonesome Glory Publications