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MIAMI - Anti-free trade activists
went to federal court Thursday with their challenge to police tactics
during November's Free Trade Area of the Americas, questioning the
constitutionality of the city's new restrictions on public protest.
U.S. District Judge Donald Graham
gave the city 30 days to respond to the issues raised. The hearing came
hours before a civilian panel was to hear a report from Police Chief
John Timoney on what he called the department's "overall success"
handling the street demonstrations.
Timoney issued a 66-page report
Wednesday saying, "Those who came to commit violence faced an
intelligent, measured police plan determined to minimize the effects of
their criminal tactics."
The city's civilian police review
panel was created by voters in 2002 in response to repeated allegations
of police excessive force and brutality.
Protesters maintained police went
overboard with heavy-handed tactics that included a Miami Beach police
officer's use of tear gas and other officers firing rubber bullets and
beanbags and hitting demonstrators with batons without provocation.
The lawsuit against the city by Lake
Worth for Global Justice seeks an injunction against the city's protest
permit and insurance requirements and an ordinance banning gatherings by
more than seven people for longer than 30 minutes.
Police arrested 146 people during
FTAA demonstrations, including up to 28 felony arrests. Police have said
all the arrests were made under laws and ordinances existing before the
FTAA security planning.
Kris Hermes, spokesman for protest groups, said only three of the 146 still face felony charges.
"Given those statistics,
I don't see how they have the gall to say mobs of violent protesters
were attacking. Certainly, that's not been borne out," said Hermes.
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