A federal judge now has the final word on public protests in Miami while city officials rewrite laws used to arrest hundreds of demonstrators during November's Free Trade Area of the Americas meetings.

U.S. District Judge Donald L. Graham's Friday night ruling bypasses Miami's permit requirements, which activists say violate their constitutional rights to free speech and public assembly. Graham ordered the city to automatically grant all protester requests for permits. If city officials decide to prohibit a particular protest, Graham ordered, 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."

Meanwhile, city officials appear ready to acknowledge that some of their laws should and will be repealed.

Assistant City Attorney Warren Bittner disclosed in court papers that the city intends to repeal the controversial "Parade and Assembly Ordinance" enacted as the city geared up for mass anti-FTAA demonstrations. 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.

"I voted for it, but I think all the commissioners had the same feeling," said Commissioner Johnny Winton. "We weren't sure we liked it, but we were very interested in making sure we were taking care of our community and that the bad guys don't get control of it."

Winton said the commissioners thought they needed to pass the law to protect Miami, fearing a repeat of the violent protests that occurred during a 1999 trade meeting in Seattle. He said he has no regrets but now wants it repealed.

Commissioner Tomas Regalado, who proposed the ordinance, agreed that with the FTAA meetings over, it's time to wipe it off the books. He worries about how the city's restrictions could affect Venezuelans, Cubans and Haitians protesting conditions in their home countries.

The city also plans to revise its decades-old permit process for public gatherings, Bittner's court papers stated.

Robert W. Ross, a lawyer for Lake Worth for Global Justice, which sent protesters to FTAA demonstrations, said many of Miami's public assembly laws were enacted more than 30 years ago and no longer comply with court decisions favoring free speech.

"They don't even come close," Ross said.

Graham's ruling could have an impact on about 75 pending criminal cases resulting from the FTAA protests, Ross added. 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 disperse based on unlawful assembly language in the ordinances."

Lawyers for the protesters argued the city was attempting to control free speech. Activist groups were required to post insurance bonds and designate a single organizer as personally responsible for any property damage that occurs.

The city spent more than $23 million to control an estimated 10,000 demonstrators during the FTAA talks, far fewer than had been expected. Of the 234 arrested, only one person has been convicted. Charges against a majority of the demonstrators have been dismissed or reduced.

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