MIAMI -- Imagine the Goombay Festival without stilt walkers. The King Mango Strut Parade without floats. Or even a child's birthday party without water balloons.
That's what could happen in Miami under the newest version of a controversial ordinance originally designed to give police sweeping powers to arrest demonstrators during free-trade meetings next month.
As tentatively approved by city commissioners Thursday, the law still would ban rifles, slingshots, metal knuckles and other items that could be used as weapons during public gatherings or parades.
Commissioners did away with the law's temporary provision Thursday in response to criticism that the ordinance was unconstitutional because it would have targeted thousands of demonstrators at the Free Trade Area of the Americas meeting Nov. 17-21. The original ordinance was set to expire just after the trade talks.
Commissioners also amended the ordinance, which previously barred gas masks and bulletproof vests, to allow the protective gear journalists and others argued they might need to protect themselves if violence erupts.
However, the amended measure still would prohibit the use of seemingly innocuous items such as water-filled balloons and super-soakers any time more than eight people gather "for a common purpose in a place open to the general public."
And it would still bar sticks thicker than one-fourth of an inch, signs deemed too large and posters considered too thick.
"This is an ordinance that's really shortsighted," said Jeanne Baker, president of the American Civil Liberties Union of Florida, who argued that even children's birthday parties would be affected by the proposed law. "People are not sitting back and thinking about what will happen if this is passed."
Police, however, say the law is needed to help maintain order if protesters cause disruptions when trade ministers from 34 countries in the Americas gather in downtown Miami. The trade talks are expected to attract 20,000 to 100,000 demonstrators, the majority of whom will be peaceful organizers.
A similar proposal is being considered in Boca Raton, where City Council members will decide next week whether to ban water balloons, glass bottles, thick wooden sticks and other items that could become weapons during the Republican Governors Association's annual meeting at the Boca Raton Resort & Club in November.
Opponents of Miami's ordinance say the city is attempting to silence them because local officials don't agree with their anti-globalization message. Protesters who otherwise would express their views by demonstrating on stilts or gaining attention for their causes with giant political puppets might be barred from doing so under the law, they say.
At Thursday's meeting, demonstrators paraded into commission chambers, showing city officials a homemade alligator puppet with a long tail held up by a handful of people. The puppet also might not be allowed because it is made with poles that could be considered weapons under the law.
Critics also say the ordinance's definition of a public gathering is so broad that the law -- which also bars the possession of glass containers -- could even be applied to a City Commission meeting where Cuban coffee is regularly passed around on a glass tray.
"We would have to call 911 for that," said Max Rameau of the Miami Workers Center. "We're against the ordinance, but whatever ordinance is applied, we want it to be enforced across the board."
Rameau said he expects that if the ordinance is passed, police will enforce the law only against demonstrators whose messages officials do not agree with.
At least three city commissioners expressed concerns about passing any ordinance at all, instructing the city's Community Relations Board to conduct public meetings on the issue before commissioners make their final vote.
"None of us are terribly comfortable with this ordinance," said Miami Commissioner Johnny Winton, who admitted he had not made up his mind on how he would vote when the ordinance comes before him again.
But Winton said he must make sure city officials are prepared to deal with the "bad guys" intent on tearing up the city during the talks.
If the law wins final approval Nov. 13, opponents will have four days to challenge its constitutionality before demonstrators from across the world begin arriving.
Diana Marrero can be reached at dmarrero@sun-sentinel.com or 305-810-5005.
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