LEE COUNTY — Elvis Rodriguez, 30, flashed Latin Kings hand signals on his MySpace.com page and called himself “King Kamel,” according to his arrest report. Richard Figueroa-Santiago, 22, used his MySpace page to post pictures of friends making “Eastside” hand gestures, detectives said.

Now, in the first cases of their kind in Florida and in the nation, both Lee County men face five years in state prison for the gang-related content of their Web pages. Their prosecutions are the first under a state law passed last year that criminalizes the use of electronic media to “promote” gangs. Attorneys for both are challenging the law as unconstitutional. “It violates his right to free speech, to associate,” said Joseph Cerino, Rodriguez’s lawyer. The bill’s sponsor, a retired police officer, calls the law a modern response to increasing gang violence in some Florida cities.

“We have seen from day one until now that none of our freedoms are absolute, and the freedom of expression is not absolute,” said Rep. William D. Snyder, R-Stuart. The defendants appear to share little in common — Rodriguez has been arrested seven times in the past 10 years for a variety of non-violent crimes. Figueroa-Santiago has no apparent criminal background and, according to his father, was a student at Southwest Florida College at the time of his arrest.

Both were nabbed in November as part of “Operation Firewall,” a slate of arrests by the Lee County Sheriff’s Office that netted 15 people, including a Bonita Springs felon charged with stockpiling weapons, six juveniles with flashy Myspace.com accounts and a pair of middle-aged men accused of recruiting gang members.

Their arrests came weeks after a new anti-gang law hit the state books. House Bill 43, a 95-page bill that created or tweaked some 35 different statutes, stiffened penalties for gang-related crimes, upping certain charges when a documented gang member is involved.

Idiots all the way around on this one.




  1. bobbo, loving his majority status says:

    Gosh, about the most objectively unconstitutional anti-free speech law/enforcement I have ever seen.

    OTOH–being comfortable that I’m miles away from any group association suppression by my government, if there is going to be suppression of free speech, this is inconsequential “so far.”

    A few questions: Is the KKK a “gang?” Is expression of any pro-Caucasian concern a prosecutable gang promotion speech?

    Is Congress a gang and would I be correct in thinking that promotion of anti-gang speech/hand signs is allowed/even encouraged under these speech laws.

    Caring citizens want to know.

  2. pcsmith says:

    What’s the gang sign for Hell’s Angels?

    What’s the gang sign for White supremists?

    What’s the gang sign for Goldman Sacks?

    Just asking. Knowledge is a good thing.

  3. wirelessg says:

    I know that this blog post is about the MySpace justice, but looking at this Gang Signs poster makes me see that I lived a very sheltered childhood. The only posters that I saw like this growing up involved a striped shirt man communicating offsides, touchdown, holding, etc.

  4. Bloody Crip says:

    I agree gangs should be pursued and prosecuted but not by arresting people for their “secret” signs. Arrested any Masons, recently?

    And how about not convicting these guys before their tried. “Figueroa-Santiago has no apparent criminal background…” That could have been written as he has no criminal record. You know what they say about not thinking about a hippopotamus.

    Here’s one: McCullough has no apparent history of beating his wife…

  5. Amsterdamned says:

    The gang sign of insecure middle class geek men is a finger in the nostril.

  6. Great American says:

    And all of this time I thought those nice men had arthritis…

  7. deowll says:

    I’m not sure how the courts will go on this. Personally I’d like to take these people to the boarder, any boarder and put them on the fare side of it and keep them there.

    On the other hand I know there are good reasons for not blocking the right of people to identify themselves to the police and it may well be their right to do so. It makes them a lot easier to find, track and arrest.

    Most of the white raciest groups are considered to be gangs and take part in criminal activities. I think there may be a few exceptions.

  8. chris says:

    #2 Sign of Goldman Sachs = dollar sign.

    This is the curse of lazy policing. Rather than prosecute people for actual crimes it saves much effort to focus on hand gestures. Well I have a hand gesture for that!

    Most “gangsters” are poofs anyway. Middle school kids claiming Crips? Yeah buddy, keep dreaming.

    People that are really effective at that game DON’T CALL ATTENTION TO THEMSELVES.

    Maybe those FL police ought to look into their bankers and real estate developers. No dirt there I’m sure….

  9. Syrinx says:

    McCullough,

    Where’s the “More Wacky News From Florida” banner?

  10. KMFIX says:

    It’s time for a protest.. Everyone needs to make gang signs on their myspace page now…

  11. Wretched Gnu says:

    Nice graphic — even the Latin gangsters are portrayed as African American…

  12. orangetiki says:

    i jsut cant get over the fact that jpg exists

  13. Benjamin says:

    Yeah, this is ridicules. The obvious punishment for flashing gang signs is a drive-by by a rival gang. It’s not prison.

    Seriously, this violates free speech. The law will be struck down. Any juror who has the responsibility to judge law and fact will acquit.

  14. pecker says:

    Look, we can put the freedom of speech or race issues aside. Anyone who wears white socks and sandals needs to be locked away for the protection of themselves and others.

  15. Animby says:

    # 14 pecker said,”Anyone who wears white socks and sandals needs to be locked away…”

    Whoa, Woody. They might just be Japanese. Oh, what the hell. Send them to an internment camp.

  16. Benjamin says:

    # 14 pecker said,”Anyone who wears white socks and sandals needs to be locked away…”

    What about people wearing black socks and sandals with shorts. That is worse than white socks and sandals with long pants.

  17. Faxon says:

    More of our “Rich Cultural Diversity”

  18. Yalie says:

    Where’s the one for Harvard?

  19. Wretched Gnu says:

    Faxon writes “More of our “Rich Cultural Diversity'”

    Yes, yes, all minorities are criminals, just like all whites are criminals because I saw an episode of the Sopranos.

    I love a good cup of racism in the morning.

    — Whoops! Sorry. I forgot, there is no more racism. Only “race cards”.

  20. Inbread Georgian says:

    Knee Grows are funny folk!

  21. Traaxx says:

    It comes down to if it’s illegal to do on the street, flash a gang sign. Then they can probably carry through and make it illegal online.

    I do agree it should probably declared unconstitutional, maybe they could just call it a hate crime. I mean they do hate other gangs, right?

    Whatever………………………..
    Traaxx

  22. Xquire says:

    So if u pull a hand sign it’s illegal? In wat states?
    It’s gonna b a full prison of kids who “front” wit handsigns.


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