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Protest ordinance repealed

The 'sticks and stones' law is off the books after Miami commissioners repeal it. Activists say it's disturbing the law was created only to silence anti-free-trade protests.

by Carolyn SalazarMiami Herald
March 12th, 2004

Only three months after they passed it, Miami commissioners repealed a new law -- the ''sticks and stones'' ordinance -- that critics said gave police too much power during protests against the Free Trade Area of the Americas summit.

The law limiting the objects protesters could take to rallies was repealed by commissioners on a 4-0 vote Thursday. It had been harshly criticized by civil libertarians who said it chilled free speech and unfairly targeted a specific group because of its anti-free-trade message.

''This was a necessary thing to do so we can go back to normal in the city of Miami,'' said Commissioner Tomás Regalado, who made the push to repeal his own ordinance. ``It's dangerous to give police all the power to decide what people can take to rallies.''

Although commissioners voted to wipe out the law, they agreed the city needs a tamed-down version to deal with permitting issues. They gave preliminary approval to such a permitting ordinance late Thursday.

LITTLE DISCUSSION

Dozens of demonstrators attended commission meetings to oppose the passage of the protest ordinance, but no one appeared Thursday to speak on behalf of retaining it. Commissioners approved the measure with little discussion. Commissioner Johnny Winton was not present.

Police officials, who supported the law, said they would not comment on its repeal.

The measure, which prohibited items like thick wooden sticks and water balloons, was passed on the eve of the FTAA meeting in downtown Miami in November. The event drew thousands of antiglobalization demonstrators.

By playing video images of a similar antiglobalization protest in Seattle that caused millions of dollars' worth of property damage, police persuaded commissioners to enact the new law to prevent Miami from facing a similar fate.

Ultimately, no one was arrested for violating the city's protest ordinance. But police always contended that their intention was not to use the ordinance to make arrests, but to prohibit protesters from carrying items that could be used as weapons against officers.

`GREATLY DISTURBING'

Still, civil libertarians said it's disconcerting when a city enacts laws to try to dissuade certain groups from delivering a message.

''It's greatly disturbing, from a civil rights prospective, when a city passes a law to prevent a group from exercising their First Amendment rights of free speech,'' said Kris Hermes, spokesman for the Miami Activist Defense, which is challenging the protest ordinance, as well as an older version of the law, in court.

But, Hermes said, he is glad the city ended up making the right decision.

''Essentially, we believe the appeal of an unconstitutional ordinance is a good thing,'' he said.

Lida Rodriguez-Taseff, outgoing president of the American Civil Liberties Union, said she believed the commission took the right step by repealing a law she called unconstitutional.

''The commission has demonstrated growth, maturity and respect for the community,'' Rodriguez-Taseff said.


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