Now that the tear gas has dissipated, civil libertarians are gearing
up to sue the city of Miami on a variety of constitutional issues,
alleging massive police misconduct during protests of the Free Trade
Area of the Americas conference.
The American Civil Liberties Union says it will file a lawsuit in
the next few weeks claiming illegal searches and seizures. The
organization is compiling anecdotes from protesters claiming police
randomly stopped them without probable cause and searched their
belongings.
One ACLU lawyer found three garbage bags full of protester
belongings in a downtown gutter where several demonstrators and a
journalist were arrested Thursday following a melee between protesters
and police.
Protest groups say police were making wholesale sweeps. "It was almost as if they were 'hunting' activists," said Kris Hermes of Miami Activist Defense.
"I don't see anything that supports their claims, but we are
looking into all of it," Miami police spokesman Delrish Moss said
Monday. "Police officers understand the laws that surround 'stop and
frisk' even in situations that deal with protests."
About 7,000 demonstrators flooded downtown Miami to protest the
FTAA last week. Protesters say the removal of of trade barriers will
cost U.S. jobs, pollute the environment and create an exploited labor force in Latin America.
The demonstrators were met by 2,500 police from 40 departments,
many of them in riot gear. Officers used an array of weapons on
demonstrators: tear gas, pepper sprays, batons of all sizes, rubber
bullets, tasers and electric shields.
In all, about 230 were arrested. Only a few remained behind bars as of Monday, protest groups said.
Lida Rodriguez-Taseff, director of the ACLU's South Florida
chapter, said the seizing and dumping of belongings of protesters is a
clear violation of the Constitution's Fourth Amendment. "This is cops
taking the law into their own hands," she said.
By throwing away driver licenses and passports, she said, police
make it much more difficult for a person arrested to bond out of jail or
to even get on an airplane back home.
She said the behavior of the police is astonishing, considering
the city of Miami paid $1.5 million in 1997 to settle an ACLU suit for
burning the possessions of homeless people arrested for vagrancy.
The ACLU is not the only group planning a lawsuit against Miami
and the police. The National Lawyers Guild, Miami Activist Defense and
the AFL-CIO, among others, also have indicated they plan to take legal
action.
Hermes said his group is looking into how other constitutional
rights of protesters, such as the right to remain silent and the right
to an attorney, were also violated.
One of those who may file a lawsuit is lawyer Brenna Bell, who
was arrested with about 25 protesters dispersing after a rally in front
of the Miami-Dade County Jail.
Bell said she spent 17 hours in handcuffs, without water, and was
refused access to an attorney. She said others arrested for crimes not
associated with the protests were not subject to the same conditions.
"It was incredibly disparate treatment," Bell said. "One person
heard prison guard talk that orders from the top were to treat us a lot
more different than their usual procedures."
And the anti-FTAA protests continue.
A group of about 10 people, some with their faces painted, marched in
West Palm Beach Monday, near Clematis Street and CityPlace. Police
followed them closely.
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