A lawyer representing a state senator who could be punished for using a racial slur and other vulgarities said Thursday that the remarks — as offensive as they were — are protected by free speech and that other senators have used similar language.
Tallahassee attorney Steve Andrews wrote to the Senate lawyer reviewing the case of Republican Frank Artiles and said that a complaint filed by black lawmakers shouldn’t be pursued because Artiles is protected under the U.S. Constitution.
He also said Artiles’ comments should be judged side-by-side with the remarks of other senators.
“Should this matter be sent to the Senate floor, my client intends to put evidence of other similar speech by other Senators,” Andrews wrote to Senate lawyer Dawn Roberts.
He also said Roberts should step down from the case because of conflicts of interest, having previously represented Artiles and witnesses that could be called.
The matter began Monday night during a private conversation with two African-American senators at a members-only club near the Capitol. Artiles used obscenities with Sen. Audrey Gibson, including one particularly offensive to women.
Sen. Perry Thurston intervened and Artiles, a Cuban-American from the Miami area, used a variation of the “n-word” and used a vulgarity to describe Republican Senate President Joe Negron, according to the complaint filed Wednesday by Thurston.
Sen. Lizbeth Benacquisto, who chairs the Senate Rules Committee, reviewed the complaint and found it’s likely Artiles’ comments and behavior violated Senate rules.
The Florida Legislative Black Caucus is asking for Artiles’ expulsion, which would be an option if the full Senate determines there was a rules violation.
Negron asked Roberts to make a recommendation by Tuesday.
In the meantime, Republican Gov. Rick Scott weighed in on the matter while speaking with reporters in Tampa.
“If I had an employee that said what he said, I would immediately fire him,” Scott said.
Thurston wasn’t immediately available for comment, according to a receptionist in his Senate office.
In a separate letter to Negron, Andrews told the Senate president that he should avoid voting on any punishment because he has already prejudged Artiles by condemning the comments earlier this week.
AP writer Gary Fineout contributed to this report. Republished with permission of The Associated Press.