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For Immediate Release: November 18th, 2003
Letter Issued to Miami City Attorney Meant to Stem Preemptive Action and Possible Raid of Anti-FTAA Activist "Welcome Center"

Miami, FL - In an effort to avoid a preemptive shut-down of the anti-FTAA activist "Welcome Center," the law firm of Southern Legal Counsel--working in conjunction with Miami Activist Defense (MAD), a legal support group for activists--issued a letter today to the Miami City Attorney Alejandro Vilarello. The letter outlines the willingness of the Thomas Merton Center, lessees of the space, a non-profit educational and political grassroots organization engaging in this week's protests to abide by requests from the Miami Fire Marshal.

The letter also conveys the following warning to the city: "Under clearly established law, the unlawful and pretextual use of an administrative inspection or law enforcement search would violate the Center's Fourth Amendment rights and have a chilling effect on the Center's speech activities in violation of the First Amendment."

The high level of police harassment over the past week experienced by activists in Miami wishing to express their dissent against the controversial Free Trade Area of the Americas (FTAA) meetings has raised concerns of possible preemptive raids against public gathering places for activists such as the "Welcome Center."

Due to these concerns and the fact that conflicting information is coming from other city officials regarding permit requirements for the Center's building, the letter requests clarification from Vilarello. The letter states that, "The Center is concerned that the Fire Department and City of Miami Police Department will take preemptive action to chill their speech activities, including a raid and warrantless entry of the warehouse, in the next few days, and seize or destroy their signs, banners and political art, that they intend to use for peaceful expressive activities over the next week."

"The harassment, intimidation and arrest of political activists and the climate of fear the authorities have created is a frontal assault on democracy," said Bill Dobbs of United for Peace and Justice. "We will struggle to ensure that the constitution remains in full force and effect, even in the city of Miami under police chief John Timoney."

Adding to the concern is Miami police chief John Timoney's record on preemptive tactics. As the top law enforcement officer in Philadelphia in 2000 during the Republican Convention, Timoney illegally raided a warehouse and destroyed protest materials such as signs, banners, puppets, and flyers prior to their use. During the raid, police unlawfully arrested over seventy people, resulting in a civil suit for tens of thousands of dollars.

"We are being targeted because we are telling the truth about the effects of the FTAA," said Rachael Perrotta of Mobilization to Stop the FTAA. "We demand an immediate stop to the police harassment our movement is facing and pledge to continue to fight for democracy, civil liberties and human rights no matter how much repression we face."

"We stand united with all of the protesters who have come to Miami to demonstrate that the FTAA is bad for democracy, people and the planet, "said Naomi Archer of South Floridians for Fair Trade and Global Justice. "We seek immediate relief from Miami mayor Manny Diaz and ask him to publicly state that this pattern of harassment will end and civil liberties will be upheld."

For further information on Miami Police Chief John Timoney's record of preemptive tactics see this Fact Sheet, originally compiled by www.mediamouse.org

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Click here to view the letter

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