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repealed a new law -- the ''sticks and stones'' ordinance -- that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repealed by commissioners on a 4-0 vote Thursday.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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