Commissioners make Collier County a ‘Bill of Rights Sanctuary’ in response to federal overreach

NAPLES, Fla. (FLV) – Collier County commissioners voted to establish the Southwest Florida county as a “Bill of Rights Sanctuary County” Tuesday in response to the federal government’s COVID-19 response and other overreaches.

“Whereas the Collier County Board of County Commissioners has growing concerns over the federal government’s increasing encroachment on the rights and privileges of its citizens,” the ordinance stated.

Kristina Heuser, an attorney who helped write the ordinance, told Florida’s Voice the federal government is “out of control.” Heuser said state and local governments have the right to tell the government “no” to participating or carrying out unconstitutional mandates.

“The county government has the right to not participate in carrying out federal government programs just for any reason because of their sovereignty,” she explained.

“So we want to empower our local officials to say no when federal government overreach occurs,” Heuser explained.

Commissioner Burt Saunders was the only one to vote against the “Bill of Rights Sanctuary County Ordinance.”

“I think this is a well-intended ordinance but I don’t think it’s necessary,” Saunders said. “My concern is that it really sends the wrong message to the public.”

Saunders said the ordinance gives people the impression that the county has jurisdiction over “gun issues.”

“We do not have the authority to determine if a rule or regulation from the federal government is constitutional,” he said.

In 2020, Saunders was one of two Collier County commissioners who voted in favor of a mask mandate.

This Bill of Rights ordinance was also shot down by the Collier County Commission in 2021, which included Saunders’ “no” vote. The two other commissioners who had voted against that ordinance were defeated in the 2022 election.

The ordinance lists the Bill of Rights, which contains the first ten Amendments to the United State Constitution, followed by a declaration that the county is a Bill of Rights Sanctuary for law-abiding citizens.

“Collier County has the right to be free from the commanding hand of the federal government and has the right to refuse to cooperate with federal government officials in response to unconstitutional federal government measures, and to proclaim a Bill of Rights Sanctuary for law-abiding citizens in its County,” the ordinance stated.

The Bill of Rights includes provisions such as Congress should not abridge the freedom of speech and the right of the people to keep and bear Arms.

The ordinance declares that any federal order or rule that violates or unreasonably restricts and impinges upon an individual’s Constitutional rights including, but not limited to, the first ten Amendments of the Constitution is considered an unlawful act.

“Any such ‘Unlawful Act’ is invalid in Collier County and shall not be recognized by Collier County, and shall be considered null, void and of no effect in Collier County, Florida,” the ordinance said.

It also stated that no agent, department, employee or official of Collier County, while acting in their official capacity, shall intentionally participate in any way in the enforcement of any unlawful act.

They are also prohibited from using Collier County funds to engage in activities to enforce or investigate unlawful acts.

Those accused of violating the ordinance may be sued in Circuit Court for declaratory and injunctive relief, damages and attorneys’ fees.

Heuser said the ordinance could apply to situations including federal government mandates on classroom instruction.

“So if the federal government says like Collier County School District, you have to teach x, not only do they have the right to say, ‘no, we’re not going to do that,’ but now they have the obligation to say, ‘no, we’re not going to do that because that violates the constitutional right,'” Heuser explained.