While legislation stalls, children join drag queen on stage at Birmingham “Family Friendly” event

Over the weekend, the Birmingham Festival Theatre held their “family friendly” drag show. The theatre has put on shows like this before and says that the show is for “all ages.” As first reported by 1819News, the event featured dancers including, “Idle King, a self-proclaimed ‘Auburn based genderfluid autistic drag king,’ and Birmingham-based Flap Jack and Fawn who identify as “non-binary.” In a video posted to their website before the event celebrated the benefits of previous underage attendees included young children. This event featured a several drag queens and “genderfluid” performers who interacted with some of the children who were present. Including one performer who after dancing provocatively while collecting tips brought the children to the stage to teach them a few moves before having the two young girls perform with him. You can watch both videos below. The event comes on the heels of a similar event being restricted to adults in Fairhope, Alabama and while the state legislature considers legislation that would prohibit children from participating in such performances.  Alabama has filed legislation prohibiting drag performances in public places where children are present. The bill by Republican Rep. Arnold Mooney would add a provision to the state’s anti-obscenity laws to prohibit “male or female impersonators, commonly known as drag queens or drag kings” from performing in K-12 public schools, public libraries, and in other public places where minors are present. It is currently awaiting a committee hearing in the State Government Committee which is chaired by Representative Chris Sells.  The language of that bill specifically bans, “Any sexual or gender oriented material that exposes minors to persons who are dressed in sexually revealing, exaggerated, or provocative clothing or costumes, or are stripping, or engaged in lewd or lascivious dancing, presentations, or activities, including but not limited to topless, go-go, or exotic dancers, or male or female impersonators, commonly known as drag queens or drag kings. This sexual conduct is prohibited in K-12 public schools, public libraries, and in other public places where minors are present.” Earlier today, 1819 News reported on video of the children later collecting money thrown on the floor for the performers while being called “Drag Kittens”.  There are just 7 meeting days of the 2023 legislative session.

Postponed “Consent for Kids Fair” host claims goals included “minimize the impact of ‘Parental Rights’ extremism” and seek to promote LGBTQ education in schools

Education classroom students

The Alabama Campaign for Adolescent Sexual Health recently canceled an event called a Consent for Kids Fair due to threats, according to the organizers but unable to be confirmed by Birmingham Police Department. The event was set for last Saturday at the Springville Road Public Library in Birmingham. Printed materials referenced story hour and a “gender creative fashion show.” The event was a partnership between the Alabama Campaign for Adolescent Sexual Health with TAKE Birmingham, Planned Parenthood Southeast, and URGE for a day that is all about making consent education less intimidating and more fun. TAKE Birmingham’s website says that the organization started out as a peer support group for trans women of color (TWOC) to come together and share their narratives. AL.com reported that the library staff received emails requesting the event’s cancellation, claiming it was “inappropriate for children and adults.” Birmingham police told AL.com they were unaware of any threats in connection with the event. “These emails were followed by numerous phone calls personally attacking and threatening library staff. Callers also implied that the event would be disrupted,” the organizers’ statement continued. “We have never seen controversy around events that we host at the Alabama Campaign, but the Alabama legislature has recently introduced several anti-LGBTQ bills, and there has been a rise in parental rights extremism, so we don’t think this is a coincidence,” said Christina Clark Okarmus. In the Alabama Campaign’s 2023 Priorities, the group stated they want sexual education for all students in Alabama schools with language that, “is inclusive of all sexualities and genders.” As a further priority, they single out Moms for Liberty as a “parental rights” extremist group and not that while parents have a fundamental right to oversee their children’s care that “parental rights should not infringe or impede upon a child’s rights.” The event organizers say that the event will be rescheduled for this summer. According to the invite, activities for the event include: -Consent Story Hour with books like “C is for Consent,” “Will Ladybug Hug?”, and “Don’t Hug Doug”-Coloring Table for learning about anatomy and gender-Gender Creative Photobooth and possible Fashion show-Parent Resources-Snacks-Pin the Ovary on the Fallopian Tube-Body Autonomy Freeze Dance “We are in the process of developing a strong safety plan for this event when it happens later this summer. We will not let misinformation and hate deter us from our mission to support young people in making informed and healthy decisions for their own bodies and lives,” said Alabama Campaign outreach coordinator Meagan Lyle. Last Wednesday, the group said on Facebook, “Let’s celebrate and raise awareness about the importance of comprehensive sex education for LGBTQ youth. Today is International Day Against Homophobia and Transphobia Day! And these young people have long been ignored in conversations regarding sex education, and they are now being actively attacked in some states. We demand better for ALL young people.”

Bills expanding school choice options advance in Legislature

Bills to increase school choices for parents are still being considered by Alabama state legislators as time remaining in the 2023 Alabama Regular Legislative Session is starting to become an issue. There is growing support for giving parents options on where their children are educated. Now how to do that without harming the existing legacy public school systems is an issue that the Alabama Legislature is presently grappling with. House Bill 363 (HB363) is sponsored by State Rep. Terri Collins. HB363 passed the Alabama House of Representatives on a 76 to 25 vote on May 11. Since then, the charter schools legislation has been referred to the Senate Education Policy Committee. HB363 is on the committee agenda for Wednesday at 1:00 p.m. in the Finance and Taxation Room on floor eight of the Alabama Statehouse. The Alabama School Choice and Student Opportunity Act changes the appointment process for the Alabama Public Charter School Commission; authorizes the Commission to hire staff; requires commissioners to receive annual training; provides additional guidelines for the authorizing and application review process; provides further for the operational and categorical funding of public charter schools in their first year of operation; and clarifies the per pupil federal, state, and local funding of conversion public charter schools during their first year of operation. “All charter schools are public schools,” explained Rep. Collins. “We have three conversion schools in Montgomery, Mobile, west Alabama, Birmingham has a few, Fairfield, and there are a couple more in Montgomery.” The current law allows a public school system to convert an existing public school into a charter school. It also allows nonprofit groups that recognize a need to take their own funds to build and operate a charter school and apply for permission from the local school authorities to open a charter school. If that application is denied, then that organization may submit its request to the Alabama Public Charter School Commission. Senate Bill 202 (SB202) is sponsored by State Senator Larry Stutts. The Parental Rights In Children’s Education (PRICE) Act for K-12 education “would secure the fundamental constitutional rights of parents to direct the education of their children according to their religious faith, beliefs, values, and morals. This bill would create and provide for the PRICE Program and would establish a three-year phase-in period.” It establishes a Parent Advisory Board and “would provide for the funding of the PRICE ESA Fund and the PRICE Administration Fund for the costs of administering the PRICE Program.” The bill would also provide for implementing and administrating the PRICE Program and using education savings accounts. It would specify the qualified expenses that can be paid from an education savings account. The bill would give parents $6,900 to put into an Education Savings Account that the parents could use at a public school, a public charter school, a private school, or a religious school. SB202 spent three weeks in Senate Committees; but received a favorable report on May 17. The program cost was capped at $50 million in the substitute that passed the committee. SB202 could be considered by the full Senate as early as Tuesday. House Bill 295 (HB295) is sponsored by Rep. Ernie Yarborough. HB295 was referred to committee in the House and has not been acted on in committee and is not on the committee agenda for Wednesday. That the House has yet to address HB295 is not a good indicator for the PRICE Act if it gets out of the Senate. Senate Bill 297 (SB297) is sponsored by Sen. Will Barfoot. SB297 is the Senate version of HB363. It received a favorable report from the Senate Education Policy Committee on May 11. It could be considered by the full Senate as early as Tuesday. SB297’s having advanced in committee indicates that HB363 will also advance out of committee. The Alabama Republican Party has endorsed school choice, but the Alabama Education Association and the Alabama School Superintendents Association are both staunchly opposed to any serious expansion of parental choice. Republicans have commanding supermajorities in both Houses of the Alabama Legislature, so they can pass school choice whether or not Democrats are in support. The question is how many Republican legislators are influenced by conservative principles on government versus how many are influenced more by lobbyist campaign dollars. Tuesday will be the 24th legislative day of the 2023 Alabama Regular Legislative Session. The Constitution of Alabama of 1901 limits the regular session to a maximum of 30 legislative days. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.

Paul DeMarco: Failures in Washington DC force state lawmakers to take up national issues

There is no question Washington, D.C., is broken. The far left has hijacked the federal government, and the policies to put United States citizens first have fallen to the wayside. So it is now up to the states to pass legislation to protect Americans, and Alabama is no different. Thus, we are now seeing bills being pursued in Montgomery that address national issues. There have been issues such as abortion and immigration that were taken up by members of the Alabama House of Representatives and Senate. Yet, there are more and more federal issues that state legislators feel the necessity to address at the statehouse to protect their citizens. Legislation that prohibits China and other countries of particular concern from purchasing property in the state recently won approval in an Alabama Senate Committee this past week. Another bill passed the full Alabama Senate that would prohibit the state from contracting with entities that restrict business with gun manufacturers, fossil fuel producers, and other issues opposed by progressives. There are additional bills targeting “woke” politics that have also passed the Alabama Legislature as well, including ensuring the protection of women’s sports and children from being exposed to age-inappropriate books. In the past, these are issues folks could not have ever imagined would have to be taken up by our lawmakers. The moral bankruptcy in our Nation’s capital has forced national issues to the states, and voters support these issues being taken up since there is no effort to find solutions in Washington, D.C. Look for this trend to continue as the Joe Biden White House fails to prioritize the interests of our Nation and puts politics first. Paul DeMarco is a former member of the Alabama House of Representatives and can be found on Twitter at @Paul_DeMarco.

House passes legislation making it illegal for persons under 21 to possess or purchase vape products

Vaping

On Tuesday, May 16, the Alabama House of Representatives passed legislation to prevent children from being able to buy vape products. The bill bans the sale of vapes to anyone under 21. It also established the Alcohol Beverage Control Board as the agency tasked with enforcing these regulations. House Bill 319 (HB319) is sponsored by State Representative Barbara Drummond. “This is another bite at the vaping apple,” Drummond said. “The purpose of this bill is to protect young people under 21 from vaping,” Drummond said. “This makes it illegal to purchase, possess, or transport any vaping products.” HB319 expands the definition of electronic nicotine delivery systems to include vape products that do not contain nicotine. Drummond explained that her previous legislation was difficult to enforce. “We will now have an opportunity for ABC to help,” Drummond said. “I have gotten 1200 vaping violations this year.” “There will be consequences for those kids that are continually vaping in our communities,” Drummond added. Drummond asked that the body adopt the substitute version of the bill prepared by the House Judiciary Committee. Rep. A.J. McCampbell (D-Livingston) said, “I am glad to know that we are going to have something out there, and I look forward to voting for it.” “Our children are exposed to a lot of things that frankly they should not be exposed to,” McCampbell said. Drummond said, “This is for the health of our young people.” “We did not have the enforcement,” in my previous bill Drummond said. Under existing law, there is no fee for a permit to distribute tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products. This bill would require a one-time application fee and an annual permit fee for the distribution of those products and would provide for the distribution of those fees. “We do not get any money from this industry now,” Drummond explained. “I have worked with more groups on this piece of legislation.” Drummond said, “I am only concerned with young people 21 years and younger.” McCampbell said, “You have evolved from one level of understanding and moved to another level of understanding on this topic.” Rep. Mark Shirey said, “We are going to have some long-term health problems from vaping.” Drummond explained that the bill creates “a graduated penalty process for those young people who vape and who continue to vape, especially on school campuses.” The House voted to adopt the committee substitute. Rep. David Faulkner brought an amendment to the bill as substituted. “It has how the fees should be collected and how the fees should be distributed,” explained Faulkner. “On the punishment on sellers, it makes this penalty a ‘shall’ so they will receive that punishment. It is not an issue of ‘may.’” Drummond said. “I think this will be a great amendment, and I appreciate you working with me.” Rep. Napoleon Bracy asked, “Can you tell me a little about the penalties? The penalties are enforced by the ABC Board?” “Yes, that is correct,” Faulkner said. “It is a graduated penalty. So on a first violation, a $500 fine, or subsequent $700, then $1000. Eventually, you will lose your permit.” The amendment was adopted on a vote of 101 to 0. Rep. Curtis Travis said, “It is a major problem for school systems. Thank you for bringing this bill.” Rep. Ron Bolton said, “I want to thank you for bringing this bill and the bipartisan way that you worked on it.” HB319 passed the Alabama House of Representatives 100 to 1. It now goes to the Senate for their consideration. Vape industry representatives have contacted Alabama Today and expressed their unhappiness with the definitions in the bill. Additionally, they insist that their products are far safer than smoking and that further cracking down on vape products in Alabama will only lead to products being brought across state lines. HB319 has been referred to the Senate Judiciary Committee, which meets next on Wednesday at 8:30 a.m. in Room 325 of the Statehouse. The committee agenda has not been posted as of press time. Tuesday will be day 24 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.

Barry Moore votes for resolution condemning efforts to defund the police

On Thursday, Congressman Barry Moore voted in support of H.Con.Res.40, a concurrent resolution expressing support for law enforcement officers and condemning efforts to defund or dismantle local law enforcement agencies. The concurrent resolution was introduced by Rep. Ken Buck (R-Colorado) and Rep. Andy Biggs (R-Arizona). “Every day, thousands of men and women in blue kiss their families goodbye, knowing it could be the last time,” said Moore. “This week, I have heard the stories of several law enforcement officers who laid down their lives to protect others. These officers deserve to know we stand with them and condemn any effort to defund or dismantle police forces. I will always Back the Blue.” Rep. Buck introduced the resolution supporting local law enforcement and condemning efforts to defund the police: “Ever since the George Floyd riots of 2020, our law enforcement officers have been mercilessly attacked for simply doing their jobs and upholding the rule of law,” Buck said. “Leftist activists and progressive politicians have shamefully called for the defunding and dismantling of local police departments across the country.” “We must ‘back the blue’ now more than ever. Crime is surging across our cities in virtually every major statistic,” said Rep. Biggs. “These heroes are the only ones putting themselves in harm’s way to uphold our rule of law and ensure public safety. These courageous men and women volunteer to keep our communities safer every day. At the very least, they deserve our gratitude and respect. It’s unconscionable to see pro-crime Democrats attempt to restrict, and in many cases, abolish our law enforcement agencies. That’s something you see in authoritarian regimes—not in the United States—and always results in communities being less safe. I cannot overstate my appreciation for our nation’s law enforcement, and will continue to exercise every tool I have to ‘back the blue.” “This resolution is a long-overdue recognition of the men and women in blue who selflessly put themselves in harm’s way and keep our communities safe,” said Buck. The resolution was passed to coincide with the annual observance of National Police Week. On Friday, Rep. Moore voted in support of H.R. 2494, the POLICE Act. This legislation is sponsored by Rep. Andrew Garbarino (R-NY) and would make assaulting a law enforcement officer a deportable offense. “There have been five million illegal encounters at our southern border and thousands of pounds of deadly fentanyl flowing across since Biden became President, so there’s no doubt that law enforcement officers all over the country are being forced to deal with the ramifications of our open southern border,” said Moore. “The POLICE Act holds migrants accountable for violent actions and gives our courageous officers the protection they deserve.” “As the border crisis rages on unchecked and assaults against law enforcement officers continue to rise, this legislation sends a crystal clear message that any non-citizen who commits acts of violence against police should be subject to deportation,” said Rep. Garbarino. “The POLICE Act codifies what under current law remains legally ambiguous by providing clear guidelines for what qualifies a migrant for removal under these circumstances. It is about improving officer safety and making it easier to remove migrants who have demonstrated flagrant criminal violence while on U.S. soil. I applaud my colleagues in the House for approving this common-sense measure, and I urge the Senate to take up the POLICE Act without delay to show our men and women in law enforcement that we have their backs as they continue to battle the criminal element currently taking advantage of our unsecured southern border.” The measures now go on to the Democratic-controlled U.S. Senate for their consideration. Barry Moore is in his second term representing Alabama’s Second Congressional District. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.

Judge Richard Minor campaigns in Etowah County

On Saturday, Alabama Court of Criminal Appeals Judge Richard Minor addressed the Etowah County Republican breakfast meeting in Rainbow City. Minor is serving his first term in the Alabama Court of Criminal Appeals. “I am one of the five judges on the Court of Criminal Appeals,” Minor said. Minor said his legal career began “As a clerk as a senior at Auburn for then-Attorney General Jeff Sessions.” Minor then got his law degree from Cumberland Law School at Samford University. He worked as a prosecutor in Tuscaloosa and Jefferson County before becoming an assistant district attorney in St Clair County. Minor was elected as District Attorney of St. Clair County. Minor explained that when Alabama became a state, there were five judicial circuits and five judges. “The five judges met together to comprise the Supreme Court to decide matters of law,” Minor said. “Today, there are 41 circuits and Bessemer,” Minor said. “Judges were appointed by the Legislature until after Reconstruction then became elected.” Minor explained that the first Supreme Court could consider points of law, not points of facts, as they ruled in the 1821 Fleming case, which was the first capital case before the Alabama Supreme Court. The Court of Criminal Appeals is similar. “If it is a question of fact, we can’t hear the case,” Minor said. The Criminal Court of Appeals can consider “just questions of law.” The (Alabama) Supreme Court can consider appeals based on fact. “The appellate rights we have today come from the legislature,” Minor said. “After Reconstruction, the Supreme Court went from 5 to 7 judges. In 1911 the Legislature created the Court of Appeals. Minor said that the modern appellate court structure was set in 1969 by Governor Albert Brewer and the Legislature. There is a Court of Criminal Appeals and a Court of Civil Appeals with nine justices on the Supreme Court. “Mary Windom is the presiding judge on the Court of Criminal Appeals,” Minor explained. “Amy Lola Price was the first presiding judge of the Court of Criminal Appeals,” Minor said. “She was a judge before women could serve on a jury.” “We handle between 1,100 and 1,600 appeals a year,” Minor said. “We are the fourth most active mid-level appeals court in the nation and the 11th most active appellate court in the country.” Minor explained that 11 of the 18 appellate court judgeships will be on the ballot in 2024. “I am on the ballot in March. So is Bill Cole,” Minor said. “There is an open seat on our court because Judge (Chris) McCool is running for Supreme Court.” “Two individuals out of the AGs office are campaigning for the (open) seat,” Minor said. Minor said that the Court of Criminal Appeals has such a large caseload because everyone convicted of a crime has a right to appeal in Alabama. “We don’t have the right to deny them the right to appeal like the Supreme Court does,” Minor said. “We have a 4 or 5% reversal rate.” “Sometimes the judge did something wrong,” Minor said. “Sometimes the sentencing is wrong.” Minor explained that there is an issue when a judge finds a defendant guilty of both a major felony and a Class D felony in how the sentencing of that felony is allowed to be run. Minor said it is important for defense counsels to raise an objection on a matter of law during the trial. “If defense council doesn’t make an objection, there is nothing you can do about it,” Minor explained. “Words mean something,” Minor said. “If the legislature put a certain word in a statute, it means something.” “At the Court of Criminal Appeals, even though if I don’t like the law, we can’t change them,” Minor said. “At the Supreme Court, they can change them.” An example of that is the year and a day rule. “That came over from England in the common law,” Minor explained. If a victim lives for a year and a day after the attack, the attacker cannot be charged with murder, but medical technology has changed a lot since then. “In 1986, the Supreme Court upheld the year and a day rule,” Minor continued. In a more recent case, the Alabama Supreme Court struck down the year and a day rule and allowed a murder trial to occur. “The Alabama Supreme Court can change it, but our court can’t,” Minor said. Another example occurred during the COVID-19 pandemic. You have a right to face your accuser. “The judge allowed the witnesses to wear masks,” Minor said. “It was a 3 to 2 decision, me and McCool,” voted that it violated the right to face your accusers principle. “They only take about 3% of the cases that come out of the Court of Criminal Appeals,” Minor said of the Alabama Supreme Court. “They will normally take capital cases.” “Eleven of the eighteen appellate judges will be on the ballot in March,” Minor said. “I hope that you will consider voting for me, Judge Cole, and also Judge McCool, who is running for Supreme Court.” Minor was asked about soft-on-crime district attorneys who make unilateral decisions not to enforce certain Alabama laws. “There are certain things I can and can’t say because of the rules for judges,” Minor said. “The district attorney is elected. The people of the county elected whoever that individual is. If that is what they want, then that is what they get. Things that are done here and in St. Clair County are done very differently than in other counties because that is how we are set up.” “It does cause concern when someone has sworn an oath to follow the Constitution, both the U.S. and Alabama, and that individual says they won’t enforce a law that is on the books. If you want to change it, then run for the Legislature. Not enforcing it is bad law.” “In February 2025, we will elect a new presiding judge because we will have a new judge,” Minor said. “It won’t change Mary

Governor will host a ceremonial bill signing for legislation passed during 2023 Regular Session

On Tuesday, Alabama Governor Kay Ivey will host a series of bill-signing ceremonies to celebrate the passage of several pieces of legislation that addressed concerns facing the state of Alabama. Ivey will sign several bills, including reform of the state’s adoption laws. House Bill 101 (HB 101) is sponsored by State Representative Ginny Shaver and State Senator Arthur Orr. This bill streamlines the state’s adoption process and updates the current adoption law language. (Act 2023-092). “Alabama has consistently set state records for adoptions and placed thousands of children in loving, forever homes,” said Gov. Ivey. “Currently, we have more than 5,000 children in the foster care system, and with this modernized and streamlined process now in place, we have positioned Alabama on even firmer footing and will be able to provide more of our children with the life they deserve.” House Bill 66 (HB66) by Rep. Joe Lovvorn and Sen. Andrew Jones allows certain firefighters, law enforcement officers, and correctional officers, covered under the ERS or TRS, to purchase hazardous duty time for prior service. (Act 2023-101). HB66 removes the time limitations for Tier I firefighters, law enforcement officers, and correctional officers covered under the Employees’ Retirement System or the Teachers’ Retirement System to purchase eligible service credit prior to January 1, 2003. House Bill 164 (HB164) by Rep. Andy Whitt and Sen. Jay Hovey requires high school students to complete a personal financial literacy and money management course before graduation. (Act 2023-179). “I have got story after story from thirty years of banking experience of young people who did not have a checking account,” said Whitt. “They go to convenience stores and check cashing places to get their paychecks cashed. One young fellow was working two hours a week just to be able to get his check cashed each week.” Senate Bill 131 (SB 131) by Sen. Vivian Figures and Rep. Steve Clouse. This bill transfers the regulation of preneed funeral contracts from the Department of Insurance to the Alabama Board of Funeral Services. (Act 2023-094). The Alabama Preneed Funeral and Cemetery Act of 2023 transfers the existing Preneed Funeral and Cemetery Act and the regulation of preneed contracts from the Commissioner and Department of Insurance to the Alabama Board of Funeral Service. It authorizes the Department of Insurance to temporarily transfer certain funds to the board to defray costs associated with the administration and operation of the Alabama Preneed Funeral and Cemetery Act of 2023; Senate Bill 28 (SB28) by Sen. Tim Melson and Rep. Randy Wood would expand the scope of practice of podiatry to include treatment of the foot and ankle. (Act 2023-106). Podiatrists in most states are already allowed to treat disorders of the ankle. This expansion of the scope of practice to come in line with national standards was long overdue. Senate Bill 104 (SB 104) by Sen. Chris Elliott and Rep. David Faulkner revises the current Dram Shop Act by addressing liability for providers of alcohol if a recipient injures a third party. (Act 2023-025) . Before this, only three insurance carriers would insure restaurants and bars from lawsuits due to the liability. This will make it harder for plaintiffs’ attorneys to prove a case against the establishment that sold the alcohol. House Bill 56 (HB56) by Rep. Frances Holk-Jones and Sen. Linda Coleman-Madison will expand the scope of practice for licensees of the Alabama Board of Social Work Examiners. (Act 2023-100). This will allow specially trained social workers with master’s degrees to diagnose mental illnesses. House Bill 62 (HB 62) by Rep. Ben Robbins and Sen. Keith Kelley will extend the amount of time that nonprofit veterans’ organizations have to comply with state and local building codes when acquiring a former armory building. (Act 2023-175). This bill primarily deals with an armory in Sylacauga owned by the American Legion and used by the Alabama National Guard. When the National Guard shut down its presence, it transferred back to the American Legion. The NG never updated the building during its tenure, so it lacks the sprinkler system needed to comply with state building code requirements. Tuesday will be day 24 of the 2023 Alabama Regular Legislative session. Kay Ivey has been governor since 2017. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.

Prosecutors say Alabama police chief Jerry Taylor didn’t steal overtime payments, request charges be dropped

Birmingham police

Prosecutors are asking to drop theft charges against a former police chief in suburban Mobile. Mobile County District Attorney Keith Blackwood told WALA-TV on Monday that prosecutors found evidence of “dubious bookkeeping” but concluded Jerry Taylor wasn’t illegally receiving overtime pay when he was police chief in Creola. Taylor is now police chief in Jackson, Alabama. Prosecutors asked Mobile County Circuit Judge Charles Graddick to dismiss the case, saying the charges should be dropped after “additional investigation.” In 2019, then-Mobile County District Attorney Ashley Rich had said that Taylor and former Creola City Clerk Kim Green had stolen from the city. “The investigation revealed both Green and Taylor received numerous unexplained checks from Creola during times that were not consistent with scheduled pay periods or typical reimbursement procedures,” Rich said at the time. But Blackwood said that prosecutors now believe Taylor was entitled to all the money he was paid. “We found that the time that he was paid for, he actually worked,” Blackwood said. “It was the way in which it was paid that sort of raised some red flags, because the schedule of payment was unusual. However, we did find that he actually worked those hours and, thus, there was no criminal activity involved.” Taylor’s lawyer, Stewart Hanley, said he showed evidence to prosecutors that would have exonerated Taylor. Prosecutors filed to dismiss charges Wednesday, in advance of a trial scheduled to begin Monday. “I think they made the right choice,” Hanley told the television station. Green pleaded guilty in January in state court to first-degree theft and using her position for personal gain. A judge sentenced her to a 2½-year suspended sentence and 2 years of probation. She pleaded guilty in 2020 in federal court to theft of federal funds and filing a false tax return in relation to money she embezzled from Creola between 2017 and 2017 and later from the city of Prichard, where she also worked, between 2017 and 2019. A federal judge sentenced her in 2021 to a year in prison in that case, ordering her to receive treatment for a gambling addiction and repay $444,000. Republished with the permission of The Associated Press.