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Home My WebLink Aboutsubmission-3REVISED SIGN ON LETTER FOR DELIVERY AT 11-13-03 CITY COUNCIL VOTE Mr. Angel Gonzalez, District 1 Commissioner Mr. Johnny L. Winton, District 2 Commissioner Mr. Joe M. Sanchez, District 3 Commissioner Mr. Tomas P. Regalado, District 4 Commissioner Mr. Arthur Teele Jr., District 5 Commissioner Miami City Hall 3500 Pan American Drive Miami, FL 33133 Dear City of Miami Commissioners: We the undersigned organizations urge the Miami City Commission to protect the first amendment rights of organizations who are involved in the FTAA Ministerial events. We are concerned by the proposed ordinance, Alternative Draft 10/15/03 of item J-03-772 on the October 23, 2003 City Commission agenda, which would add section 6.1 to Chapter 54 of the City of Miami municipal code. The proposed ordinance attempts to change current regulations that govern parades, demonstrations, rallies and assemblies in a manner that restricts the first amendment rights of participants in these events. We are a group of national organizations who are committed to peaceful and permitted events at the FTAA Ministerial. We are working with local groups in Miami to organize events that show our opposition to the proposed FTAA and to offer our alternatives to this trade agreement. The safety and well-being of the residents of Miami and the participants in the FTAA activities is of great concern to us. As defenders of the First Amendment, we object to this proposed ordinance as a general matter because it interferes with people's constitutionally guaranteed rights of association and expression. The ordinance does so by providing extremely broad, but vague definitions of "public assembly" and "parade" and then subjecting such gatherings to an array of new prohibitions. The definitions of "public assembly," "parade" and the list of prohibitions leave enormous discretion to enforcing officials, promoting subjective application based on officials' interpretations of individuals' views, intentions and messages. Such subject matter discrimination is constitutionally prohibited, but this is what this ordinance's vague definitions would authorize. Two tourists walking together carrying a wave board or boom box and two protestors carrying a megaphone both would fall into the ordinance's definition of a parade and both would violate the prohibition on "any length of plastic does not exceed 3/4 inch in its thickest." The very fact that the ordinance would technically authorize officials to detain the tourists in this example demonstrates its unacceptable breadth. However, it is foreseeable that the police would not treat all violators of the proposed policy the same, but rather would target protestors because they are protestors. INTO THE SUBM1TTED PUBLtCRECORDFOR ITEM sk. C ON »-13-03 Indeed, the text of the ordinance makes clear that the new prohibitions are aimed at those intending to participate in protests connected with the FTAA Ministerial. The ordinance's ninth Whereas clause states that the policy change is aimed at "certain upcoming events," a reference to the pending Miami FTAA Ministerial. As well, until very recently, the ordinance was written to sunset on November 27, 2003 — shortly after the Miami FTAA Ministerial — also revealing its true purpose. The stated goal of the Ordinance is to promote a safe environment for all to express their views. However, passage of these proposed restrictions and the enormous discretionary authority they would provide enforcement officials is likely to cause more harm than it prevents by provoking unnecessary confrontations that antagonize non-violent protestors who are simply seeking to express their views. A policy as vague as the proposed ordinance will undoubtedly face court challenge. Its passage would also tarnish the city of Miami with an image as a city that rejects democratic process and ideals and that seeks to strip individuals of their rights. The Constitution should not stop at the Miami City line. We urge you not to pass this ordinance and we look forward to working with you to ensure that first amendment rights can be expressed in a safe and secure environment. Sincerely, AFL-CIO Alaskans for Peace and Justice Alliance for Sustainable Jobs and the Environment (ASJE) Essential Action Center for Progressive Political Communication, Blue Bell, PA Campaign for Labor Rights Citizens Trade Campaign Cross Boarder Network for Justice and Solidarity, Kansas City Missouri Cumberland Countians for Peace & Justice, Rev. Walter Stark Delaware Valley Politics of Meaning Network, West Chester, PA Democratic Socialists of America, Greater Philadelphia Local, Phili, PA Florida Fair Trade Coalition Global Exchange Global Justice Ecology Project Grassroots International Guatemalan Human Rights Commission Health GAP, Global Access Project Indiana Alliance for Democracy Indiana Fair Trade Coalition International Brotherhood of Teamsters International Brotherhood of Teamsters, President Mike Scott, Local 769, Miami FL Jobs with Justice (JwJ) Korean Alliance for Peace and Justice Living River Cluster Minnesota Fair Trade Coalition Mexican Solidarity Network National Catholic Social Justice Lobby Nicaragua Network Pennsylvania Fair Trade Coalition Pennsylvania Citizen Action Network Public Citizen Quixote Center Quest for Peace Resource Center for the Americas The Sierra Club United For Peace and Justice (UFPJ) United Church of Christ United Students Against Sweatshops (USAS) United Steelworkers of America (USWA) Wisconsin Fair Trade Campaign Young Koreans United of USA