Lawsuit filed attacking Miami ordinance used during FTAA protests
A civil suit filed today in federal court
calls for an emergency temporary restraining order against the City of
Miami's unconstitutional restrictions on the right to political protest
Miami, FL - A civil lawsuit was filed
today in federal court to challenge a controversial ordinance passed by
Miami City Commission days prior to protests against the Free Trade
Area of the Americas (FTAA) meetings in November 2003. The
ordinance was used to chill First Amendment activities during mass
demonstrations against the FTAA. The lawsuit also attacks two other
Miami ordinances regulating demonstrations on public streets and
sidewalks as unconstitutional restrictions on First Amendment rights.
Attorneys working with the National Lawyers Guild (NLG) Mass Defense Committee
and Miami Activist Defense (MAD) filed the lawsuit on behalf of
Plaintiff Lake Worth Global Justice Group. Members of the plaintiff
group were subject to unlawful searches, detentions and arrests during
the FTAA protests. The defendants include the City of Miami, City
Manager Joe Arriola, and Miami Police Chief John Timoney.
"Lake Worth Global Justice members
were harassed and arrested by police during the FTAA protests," said
Cara Jennings, a member of the plaintiff group. "We were not only
stopped and detained, but we also witnessed numerous people being
prevented from engaging in lawful protest activities in public spaces
around Miami."
The Miami ordinance enacted prior to
the FTAA makes a public gathering of more than seven people unlawful if
assembled for more than one-half hour outside a structure for a "common
purpose." The City of Miami's permit scheme for expressive activity in
public areas is unlawful in that it imposes the requirement of a permit,
but contains no standards to guide the decision of whether and under
what conditions a permit will be issued. This gives public
officials unbridled discretion and invites decisions based on content.
Miami's requirement of a permit to demonstrate on sidewalks and streets
unlawfully restricts spontaneous speech. The Miami ordinances also
unlawfully restrict speech by requiring proof of insurance before
issuing a permit and making the applicant assume liability not only for the permit holder, but also for city employees such as the police.
"This ordinance, along with Miami's
other restrictions on protests in public streets and sidewalks, is an
unacceptable restriction of people's First Amendment rights," said
Andrea Costello, an attorney with the NLG and Southern Legal Counsel who
is co-counsel in the lawsuit. "The arrests that occurred at the FTAA
protests involving these ordinances, including the arrest of an NLG
legal observer, show that the City and the police are using these laws
in a discriminatory manner."
The laws that are being challenged by
the suit not only impeded the plaintiff's ability to communicate their
message during the FTAA protests, but also continue to impede their free
speech rights. Lake Worth Global Justice remains adamant about
addressing trade and economic justice issues as they arise in
Miami. The Global Justice group argues that it faces a real and
concrete threat to its ability exercise its free speech rights as a
result of the defendants' unconstitutional policies and discriminatory
enforcement conduct.
The plaintiff, an activist collective
from Lake Worth, Florida, intends to protest in front of City Hall
Thursday at the joint hearing of the Civilian Investigative Panel (CIP)
and Independent Review Panel (IRP). The group intends to protest the
fact that Police Chief Timoney will be testifying to the panels when, in
their opinion, he should be prosecuted for the level of law enforcement
misconduct that was witnessed during the FTAA demonstrations. To
protect its right to protest, the plaintiff and its attorneys are
seeking a temporary restraining order and preliminary injunctive relief
to safeguard their rights to participate in political protest activities
on the streets or sidewalks of Miami.
Council for the plaintiff also
includes: Carol Sobel, Robert Ross and Marc Steier with the NLG Mass
Defense Committee; and Alice Nelson of Southern Legal Counsel.
Click here for an on-line version of the complaint filed in federal court today.
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