A sound thrashing for Miami's image
    BY EVELYN McDONNELL
    emcdonnell@herald.com
    Miami Herald
    Dec. 4, 2003

    A few weeks ago in this space, I congratulated Miami on its emergence as a city with world-class intellectual sophistication. I was giddy from the success of the Miami Book Fair International; maybe, I was high on ink fumes.

    Don't worry, I'm over it. Now, having witnessed downtown become a Leni Riefenstahl fantasia during the FTAA talks, then read about a politician's ongoing efforts to repress concerts by Cuban musicians, I humbly admit, I spoke too soon.

    Miami will continue to be a backwater burg with little grasp of basic democratic principles until our public officials learn to take the First Amendment seriously. And all those people who work so hard to cultivate the arts here -- those of you enjoying Art Basel right now, the book fair last month, the film festival next month, Winter Music Conference next year, the performing arts center in the future -- should be outraged.

    In particular, you fair directors, art collectors and leaders of cultural institutions, who have direct pipelines to governmental ears, should practice your constitutional right to free speech -- while you still have it -- loud and long. Remind them that this municipality benefits significantly from the economic boost of cultural tourism. While we still have it.

    Because as long as Miami is seen as a civil libertarian laughingstock, as little more than a banana republic, artists will be hesitant to break ground here. And our little arts renaissance will be zapped between the eyes by taser guns.

    Our reputation as a civic entity was given a huge black eye by Police Chief John Timoney and his foot soldiers during the FTAA. As their actions made clear, it's not a long step from routing anarchists to silencing senior citizens to jailing journalists to censoring artists.

    And just in case you think the heavily armed forces marshaled to protect other countries' trade ministers was a fluke, or even a Homeland Security-dictated necessary evil, check out this quote:

    ``It sends a message. You want to bring an event that offends one part of the community, you've got to be ready to go to court.''

    That's Miami City Commissioner Tomás Regalado, quoted in Friday's Herald talking about the city's attempt to drive Cuban band Los Van Van from town four years ago. Regalado still stands by the city's actions (charging the venue for security costs), which were struck down by a judge last week for their ''chilling effect'' on free speech.

    ''Sentiments like that are going to prevent Miami from becoming a world capital, certainly a western hemisphere capital, for art, culture, music and all forms of artistic expression,'' says Howard Simon, executive director of the American Civil Liberties Union in Florida.

    Simon says Regalado's statement shows the most astounding disregard for freedom of speech he has seen in his 29 years as an ACLU executive director.

    ''He took an oath of office to uphold the Constitution, which the last time I looked still protects freedom of speech,'' Simon says. ``His oath does not permit him to retaliate against speech he does not like.''

    UNDERMINING PROGRESS

    The very point of the First Amendment is to protect offensive and unpopular speech. (Obviously, you don't need to protect something that doesn't bother anyone.)

    But if Regalado had his way, any artist whose, say, homosexual themes, or elephant dung, offended ''one part of the community'' could have to sue to defend his or her expression.

    Miami has already tried to shut out retirees, union leaders, Cuban musicians, electronic musicians (Miami Mayor Manny Diaz threatened to shut down the Ultra Music Festival earlier this year), and, of course, anarchists (and anarchism is a form of protected free speech).

    ''It was amazing what a police state Flagler turned into [during the FTAA],'' says Debbie Ohanian, whose clothing company, Meet Me in Miami, is based downtown. Ohanian was also the promoter of 1999's Los Van Van concert.

    ''We overreact to so many things in this city,'' Ohanian says. ``Nothing can occur normally; everything has to be so extreme. It has discouraged a lot of different types of performers from coming to Miami. People tend to stay in Broward or Palm Beach. It's undermined our progress as a world-class community.''


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