FOR IMMEDIATE RELEASE: November 18, 2003
CONTACT:
Kris Hermes, Miami Activist Defense (504) 945-9716
Andrea Costello, MAD/NLG Attorney (352) 246-5690
Mobilization to Stop the FTAA (786) 380-7957
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: www.mediamouse.org/fcaa/timoney.php
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LETTER TO CITY ATTORNEY ALEJANDRO VILARELLO:
SOUTHERN LEGAL COUNSEL, INC. 1229 N.W. 12th Avenue, Gainesville, Florida 32601-4113 Tel: (352) 271-8890 Fax: (352) 271-8347 slc@southernlegal.org www.southernlegal.org
November 18, 2003
Alejandro Vilarello City Attorney's Office City of Miami 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33133 Fax: (305) 416-1801
Re: Thomas Merton Center
Dear Mr. Vilarello:
Our office is assisting the Thomas Merton Center, a non-profit educational and political grassroots organization. This is in regard to requests made by the City of Miami's Fire Marshall, Virgil Fernandez, on November 12, 2003, concerning the warehouse that the Center is currently leasing (2300 N. Miami Avenue) and concerns about administrative and law enforcement preemptive action that may be taken against the warehouse.
The Center, its volunteers and supporters, are organizing legal, non-violent speech activities around the Free Trade Area of the Americas (FTAA) meetings occurring in downtown Miami during the week of November 17 to 23, 2003. The Center intends to participate in several marches, rallies and other First Amendment activities over the next several days. The members and volunteers of the Center are planning their participation at these events, including making signs, banners, political artwork, and holding meetings and trainings about these activities at the warehouse. The Center's ongoing and planned political participation expression constitutes protected speech and petitioning activities under the First Amendment to the United States Constitution.
On November 12, 2003, Fire Marshal Fernandez arrived at the warehouse and asked to conduct an inspection because the Center was opening a business. A representative of the Center informed Mr. Fernandez that it is a non-profit, educational and artistic community-based organizing project and not a commercial business. Mr. Fernandez also stated that one of the exits needed to have the outside door gate secured to the building, that both exit doors needed to remain open anytime there were more than fifty people in the building, that a fire extinguisher was needed and that a certificate of occupancy and an occupational permit were necessary. Mr. Fernandez did not issue a written citation. Mr. Fernandez was asked whether a follow-up inspection was necessary. He stated that no such inspection was necessary and did not provide any time frame for these corrective actions.
The Center immediately informed the landlord of the requests made by the Fire Department and action is being taken to comply with the Fire Department's requests. These corrections are being made even without waiting for written confirmation of the Fire Marshal's comments from the city.
Since Mr. Fernandez's inspection, the Center has received conflicting information from other city officials concerning the type of necessary permits. The Center will comply with any legal requirements; however, based on conflicting information from city officials, it is impossible to determine what requirements, if any, apply to the lease of the warehouse. We request that your office clarify, in writing, whether the Center is required to obtain any permits or certificates.
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. Over the past two weeks, law enforcement has conducted surveillance of the Center and police detentions and arrests near and around the Center. This conduct has only escalated. For example, in the past two days, police cars have driven by the Center up to 4 times per hour. In the Center's view, these acts of intimidation are intended to have a chilling effect upon the constitutional rights of the Center's volunteers and supporters.
All of the Fire Marshal's requested corrections are being addressed. Based on the statements of Mr. Fernandez, the City does not need to conduct a follow-up inspection concerning the issues identified on November 12, 2003. Thus, there is no legitimate basis for any employee of the City to enter these premises without a warrant, or to execute a lawful warrant, at a time prohibited under Florida law. There has been, and is, no imminent threat to life or property that would justify an exception to the mandatory warrant notice and search restrictions under Section 933.20, Fla. Stat. (2003), et seq. Further, there has been, and is, no basis for a law enforcement search of the facility.
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. Should the City take such preemptive action, we are prepared to proceed with any legal action necessary to protect the Center's rights and pursue any claims for damages that they may have as a result of such actions.
Your immediate response to this matter is requested. I am willing to discuss any resolution of these issues. You can reach me by calling my cell phone at: (352) 246-5690.
Sincerely,
Andrea Costello
cc:
Lisa Fithian, Thomas Merton Center
Amanda Frost, Public Citizen Litigation Group
Randall Marshall, ACLU of Florida
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