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MIAMI - A federal judge has ruled that the City of Miami must
automatically grant all protester permits, or will have to go to court
to state a reason for why they should be denied.
U.S. District Judge Donald L. Graham's ruling bypasses Miami's
permit requirements, which activists say violate their constitutional
rights to free speech and public assembly.
If city officials decide to prohibit a particular protest, Graham
ordered Friday, they now must state their reasons and give notice so he
can hold a hearing.
Graham had signaled his concern about Miami's protest laws last
month, when he agreed they seemed to carry "serious constitutional
problems." The issue was raised in a suit by Miami Activist Defense, the
National Lawyers Guild and Southern Legal Counsel.
Randall Marshall, legal director of the ACLU of Florida, said,
"It's always a good day when the right of people to express themselves
freely is upheld."
Assistant City Attorney Warren Bittner disclosed in court papers
that the city intends to repeal the controversial "Parade and Assembly
Ordinance." The ordinance was enacted as the city geared up for
demonstrations against the Free Trade Area of the Americas meetings here
in November.
The ordinance prohibited protesters from carrying props including
water pistols, balloons, bottles and sticks and requires a permit for
public gatherings of seven or more people if they last more than 30
minutes.
Graham's ruling could have an impact on about 75 pending criminal
cases resulting from the FTAA protests, said Robert W. Ross, a lawyer
for Lake Worth for Global Justice. He said he expects defense lawyers to
begin filing motions to dismiss the charges over the next 10 days.
"It throws into question the factual predicate for every arrest,"
Ross said, "such as failure to disburse based on unlawful assembly
language in the ordinances."
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