Skirmishes between protesters and cops may have ended with the Free Trade Area of the Americas talks, but Miami will continue
to be a battleground, as police and civil libertarians square off over
the right to free speech and the accountability of law enforcement.
Miami police Chief John Timoney, in response to the latest round of
accusations that police violated civil rights during the FTAA talks,
says the department did a good job of maintaining law and order when
faced with a hostile crowd. He accuses union members involved in the
protests of aiding members of "direct-action" groups, who in turn hurled
an assortment of objects at police. Union members, though, along with
representatives of various activist and civil liberties groups, say that
many law-abiding protesters out to voice their dissatisfaction with the
FTAA were swept up by police. Allegations have been made by the union
members and individual protesters, along with the ACLU and National
Lawyers Guild, of large-scale police misconduct.
An issue likely to be revisited in civil lawsuits is the supposed
targeting of legal observers, who were on hand to keep written accounts
of interactions between police and demonstrators.
One of the legal observers at the summit was St. Thomas
University law student Ernesto Longa, who says he was arrested while
trying to obey a police dispersal order at a courthouse rally.
Protesters gathered in front of the Miami-Dade County Courthouse
on Flagler Street at around 4:00 p.m. on Friday, November 21,
demonstrating against arrests made on November 20.
"There were a lot of police in riot gear, but it was pretty
peaceful initially. People were just milling about, mostly," Longa says.
Around 5:00 p.m. police issued a dispersal order, giving the crowd
three minutes to break up. "I wasn't protesting, I wasn't dressed like a
protester. I had on a neon-green legal observer hat, a pair of slacks,
and a nice guayabera."
Longa says the crowd tried to leave, with police following close
behind: "The police were pushing on the people, and some of them turned
around and put their hands up, saying, 'We're dispersing, stop following
us.' People even started chanting
'We are dis-per-sing.'" Then, he says, police rushed the crowd, shoving
people with their shields. When he tried to run, he was arrested.
"I was trying to leave the area, like they asked," Longa says.
His arrest report -- filed by the Miami-Dade officers who
arrested him -- tells a different story. According to that document,
Longa ignored continued dispersal orders and tried to run after he was
told he was under arrest.
Eight legal observers were arrested during the FTAA
demonstrations, according to the National Lawyers Guild, a group that
organizes squads of legal observers and teams of attorneys
to patrol demonstrations and public protests. According to the NLG's
Legal Observer Training Manual, "The primary role of the Legal Observer
is to be the eyes and ears of the legal team -- to observe and record
incidents and the activities of law enforcement in relation to the
demonstrators." The manual instructs legal observers to maintain
neutrality and to avoid provoking police or wearing clothing with
political slogans.
Marc Steier, an NLG attorney who organized the FTAA legal
observers, says he was arrested that Thursday morning while standing on
the sidewalk having a cell phone
conversation about a vanload of protesters detained by police. Steier,
subsequently charged with obstructing justice, says police broke his
cell phone in half and never returned two audiotapes he'd made of FTAA
incidents, including his own arrest.
Police at the demonstrations were cognizant of the legal
observers and their function, according to Miami police spokesman
Delrish Moss. "Officers were made aware of the fact that there would be
legal observers wearing the green hats, and that they would be observing
-- just observing -- the activities." A green hat, however, wasn't a
green light to ignore a dispersal order, as police allege Longa did. "It
really doesn't matter whether or not he was a legal observer in this
particular case," says spokesman Robert Williams, a Miami-Dade
detective. "Once you're given a dispersal order and you do not disperse,
you're in violation of the law."
Longa's case comes down to a differing account of the facts. Miles Swanson's case is more a philosophical challenge.
Swanson -- an NLG recruit from Washington, D.C. -- was standing
in the crowd that filled Biscayne Boulevard across from Bayfront Park as
the AFL-CIO held a rally inside the amphitheater around 2:00 p.m.
November 20, when he saw a group of five undercover police: four men in
protester garb, complete with the requisite anarchcessories of bandannas
and ski masks, and a woman in a tie-dye shirt. "They were pretty
obvious. One of them had a new Che shirt."
Swanson says he had heard that undercover police were summarily
arresting peaceful protesters. "I started shadowing them and making
people aware that they were undercover cops. I was pointing them out
because we'd heard reports of snatch-and-grabs. They saw me, and one of
the guys got up in my face and asked me if I had a fucking problem with
him."
Moss says the undercovers were there looking for a protester who
had assaulted a police officer ("This guy sort of did a flying kick in
the officer's face -- he looked like he'd been hit by a board in the
face," Moss says). The undercovers believed the suspect might have been
escorted away from police by legal observers, though they never caught
him or confirmed that legal observers were involved in his escape,
according to Moss; they were searching for him when Swanson started
pointing them out to the crowd.
Swanson's action violated published NLG guidelines, although
there seems to be some disagreement within the group over the incident.
Executive director Heidi Boghosian says circumstances merited pointing
out undercover police, while Steier says, "That's not in the training
manual." The police, however, claim it put their lives in danger.
"Approximately 30 protesters with their faces covered began to surround
these officers" as Swanson pointed them out, according to the arrest
report. Moss says the crowd charged the (armed) officers, who had to
beat a hasty retreat. Swanson says the undercovers were obvious, and he
was simply exercising his right to free speech.
That a confrontation occurred is not in dispute. Swanson says he
was threatened, while Moss says the officers explained that he was
endangering their lives and asked him not to take pictures or video of
them.
Swanson was on Biscayne Boulevard later in the afternoon when
protesters started throwing garbage and rocks at police. A few
protesters started burning trash fires in the middle of the street. The
cops began to clear the street, pushing back and pursuing protesters.
"We tried to get out of downtown, but there were police everywhere we went. It was very surreal," Swanson says.
Swanson was on Seventeenth Street and NE First Avenue when he ran
into the undercover officers again. "An unmarked van with New York
plates pulled up, and I knew it was cops as soon as it pulled up. Three
officers in ski masks jumped out. They started hitting me, threw me to
the ground, and hit me more." Swanson says the van carried some of the
same five officers he'd noted earlier. "They said if I managed to get
out of jail and they saw me again, they'd kill me. One of them said,
'Welcome to Miami. This is what you get for fucking with us.'"
Swanson was charged with five counts of obstructing justice, one
for each officer he'd pointed out. The charges were later dropped to one
count. How is pointing out the obvious a crime? "He knew that it would
have caused a threat to these officers," says Moss. "There's a
difference between saying 'Those guys are undercover' and directing
people towards them."
That difference will likely be examined in a civil court hearing.
Swanson entered a plea of no contest so he could get back to class at
the University of the District of Columbia law school, but he hints at a
pending lawsuit. "I'm definitely working with some groups looking into
what happened."
For his part, Steier says Timoney and company can look forward to
"probably one of the biggest pieces of civil-rights violation
legislation in U.S. history."
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