Army Veteran’s Federal Lawsuit Challenges Florida Commission’s Race- and Sex-Based Quotas

A U.S. Army veteran is suing multiple Florida entities after trying to run for a statewide commission but finding that he didn’t fit previously imposed race- and sex-based quotas that go back decades.

Stanley Cary Gaylord, an Army veteran as well as an attorney, filed a lawsuit Oct. 15 after trying to serve on the Statewide Judicial Nominating Commission for Judges of Compensation Claims. Members of the commission are responsible for recommending candidates for appointment as Judges of Compensation Claims, who decide workers’ compensation disputes across Florida’s 13 district offices.

But Gaylord, who specializes in eminent domain and inverse condemnation proceedings—a career inspired by his father-in-law, who had his property unjustly taken by the state of Florida shortly after his return from service in World War II—found that commission candidates’ personal qualifications aren’t the only barometer for selection.

The 18-member commission is filled through three appointment tracks. Six members are named by the Florida Bar Board of Governors, six electors are appointed by the governor [Ron DeSantis in this case], and six electors are selected by a majority vote of the other members of the Judicial Nominating Commission.

At the heart of the federal lawsuit is how each track carries the same requirement: at least one appointee must be “a member of a minority group.” In Florida, that definition includes sex- and race-based categories.

How Seat Selection Works

Pacific Legal Foundation (PLF) attorney Caitlyn Fellner, who is representing Gaylord, told Military.com that the commission selects workers’ compensation judges in alignment with a minority requirement.

Basically, in each of the three types of appointments, the commission has to appoint one member of a minority group—defined as someone who’s traditionally a racial minority. That individual could also be an American woman, for example.

“So, it excludes men or non-minorities, and Cary is a non-minority, so he would be disfavored for any appointment on the commission,” Fellner said. “His goal is to just be treated like everyone else, based on merit rather than being disfavored because of his race and sex.”

The protocols essentially mirror one another. For the Florida Bar, individuals fill out applications and the bar nominates someone for the seat. The same protocol is used for the governor to select appointments. For the majority seats, there’s a majority vote of 10 members, but they also make selections via applications.

Gaylord has applied for all three tracks, and as recently as this month. Once he became privy to the quotas, he went the legal route.

“This minority requirement was added in the ’90s, and it just seems like they haven’t changed it, haven’t looked at it since because the members of the commission stay on for quite a long time,” she added. “For anyone who wants to join the commission, it’s a barrier.”

Other Similar Legal Cases

As of Friday, Fellner said that only the Florida Bar Association had responded to the lawsuit by acknowledging Gaylord’s attempted appointment while indicating that the seat won’t be vacant until 2029. At that point, if he hasn’t been appointed by then, Gaylord can reapply.

“[Gaylord’s] seeking a change in the law moving forward so that anyone who’s applying to these seats can be considered just based on merit laws,” Fellner said, adding that the plaintiffs are now waiting for a response from the state for an answer or motion or dismiss.

This case is akin to numerous others involving PLF for various clients. One past report, for example, cited individuals from Arkansas and Iowa who were not eligible for their respective state commissions due to race- and sex-based quotas similar to what Gaylord is claiming in Florida.

PLF at one juncture found instances in 25 states where such unconstitutional discrimination has been codified, saying, “These mandates threaten the individual right to equality before the law, and without action, the problem is likely to worsen.”