Miami Parade and Demo Ordinance
Protect Free Speech and Freedom of Assembley During FTAA Ministerial!
This Thursday, Sept. 25, the Miami City Commission will vote on an ordinance
banning the use and possession of a variety of items related to peaceful
protests, demonstrations and protest marches. This includes puppets and
other props; street theater masks; signs on sticks; and much more.
The ordinance, which would take effect when passed and expire on Thursday,
Nov. 27 (five days after the FTAA Ministerial ends), is clearly aimed
at stifling the voices of the thousands of people - students, union members,
activists, farmers and many other individuals - from around the Americas
and the world who will be coming to South Florida to engage in peaceful,
permitted protests at the Free Trade Area of the Americas (FTAA) meeting
to be held from Nov. 17-21 in Miami.
This ordinance is an outrageous abridgment of democratic rights and civil
liberties, including the right of free speech, the right to protest and
the right to assemble. The ACLU and protest leaders have pointed out that
the "proposed ordinance... is so broadly written that it may allow police
to clamp down on constitutionally protected, peaceful protest activities."
(Miami Daily Business Review, "As Miami plans to prevent disruptions during
trade talks, protest groups warn of First Amendment breaches," Sept. 19,
2003)
The undemocratic nature of this ordinance is in keeping with the undemocratic
nature of the FTAA itself. Under the rules that would be imposed by the
FTAA, decision-making power on economic, social and cultural policies,
as well as national development plans will be transferred to transnational
corporations and investors and away from local communities.
It's important that concerned citizens all over the country immediately
contact Miami city officials to voice their opposition to this draconian,
unconstitutional measure, which could set a precedence for demonstrations
in the future in other places. Officials need to know that the eyes of
the world are upon them and that their action will be protested rather
than allowed to happen quietly.
Fax the Mayor's office online via the Public Citizen website for free:
http://www.citizen.org/fax/background.cfm?ID=223&source=25
Call and email too while you're at it - be polite, succinct and firm:
Mayor Manuel A. Diaz: mannydiaz@ci.miami.fl.us (305)250-5300
Also call and email the City Commissioners:
District 1 Commissioner Angel Gonzalez: agonzalez@ci.miami.fl.us (305)250-5430
District 2 Commissioner Johnny L. Winton: jwinton@ci.miami.fl.us (305)250-5333
District 3 Commissioner Joe M. Sanchez: jsanchez@ci.miami.fl.us (305)250-5380
District 4 Commissioner Tomas P. Regalado: tr@ci.miami.fl.us (305)250-5420
District 5 Commissioner Arthur Teele Jr.: artteele@ci.miami.fl.us (305)250-5390
SAMPLE LETTER:
To: Mayor Manuel A. Diaz and City Council Commissioners
I urge you and the Miami City Commission to uphold the constitutional
rights of free speech and assembly by rejecting the proposed parades and
demonstrations city ordinance, item J-O3-772 on the September 25, 2003
Miami City Commission agenda, which would add section 6.1 to Chapter 54
of the City of Miami municipal code.
The U.S. Constitution Bill of Rights Amendment I guarantees the right
to freedom of speech and the right of people peaceably to assemble. The
proposed ordinance violates fundamental First Amendment rights by defining
an assembly as any combination of three people, animals or vehicles. This
works a ridiculous result . Two men playing checkers and a dog could be
considered an assembly. The proposed rule then imposes on a so-called
"assembly" a series of regulations that are this clearly in violation
of the spirit and letter of the right to free speech. The ordinance would
outlaw innocuous objects commonly used to create puppets, banners and
other visuals frequently used in peaceful protests.
The proposed ordinance is designed to give Miami city police officials
undue and inappropriate discretionary powers to define what is a legal
or illegal assembly, thereby granting broad new powers to detain individuals
and hold them accountable to a series of other rules. By providing these
unconstitutional powers for security enforcement, the proposed ordinance
fails the fundamental test of constitutionality. The Supreme Court requires
a strict scrutiny of laws that seek to limit the First Amendment.
The proposed ordinance includes new limitations on common objects such
as signs, props and banners which would restrict our ability to express
our message in a large group setting. Additionally, the inclusion of everyday
objects such as marbles, water balloons and golf balls and the vagueness
of some provisions of the ordinance (including the prohibition on solid
shapes made of rubber, plastic, metal, wood or any similar hard substance)
leaves it subject to capricious application and enforcement. The notable
fact that the ordinance is temporary and set to sunset on November 27,
2003 (one week after the Free Trade Area of the Americas Ministerial)
makes clear that it is targeted towards activities surrounding the FTAA
Ministerial and punitive in nature.
A policy as unconstitutional as this ordinance will undoubtedly face
a serious court challenge. It will also show Miami to be a city that rejects
democratic process and ideals and that seeks to strip individuals of their
most fundamental of constitutional rights.
The Constitution should not stop at the Miami City line. I urge you to
encourage City Commission members to vote against the proposed parade
and demonstration ordinance as well as ask you to veto this unconstitutional
ordinance should it be passed.
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