Group sues Miami Beach, alleging free speech violations over protest restrictions

By Mauricio Maldonado

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    MIAMI, Florida (WFOR) — A group filed a lawsuit Wednesday against the city of Miami Beach, the mayor and a commissioner, alleging violations of the First Amendment during a pro-Palestine protest in December 2023 outside the city’s convention center during Art Basel.

“As much as Mayor Meiner and Commissioner Suarez wish to silence our voices they will not succeed,” said Donna Nevel, a member of Jewish Voice for Peace.

That morning, members Jewish Voice for Peace stood in front of Miami Beach City Hall holding signs that read, “We will not be silenced.” The lawsuit had been filed only hours before their announcement.

Lawsuit details alleged violations The lawsuit claims the group’s right to protest was violated when Miami Beach police ordered them off a public sidewalk on Dec. 8, 2023.

It also points to what it calls further violations through an ordinance passed on March 13, 2024, which was sponsored by Mayor Steven Meiner and co-sponsored by Commissioner David Suarez.

The resolution directs the city administration to implement and enforce time, place and manner restrictions on future protests “to the fullest extent permitted by law, with the aim of ensuring public safety and protecting city residents, preventing disturbances, and preserving the rights of all.”

It also requires the Miami Beach Police Department to notify the mayor and commission of protests of any size within one hour of learning about them.

“The tactics of the mayor and the commissioner, including yelling over us and shutting off the mics when we try to speak at public meetings,” Nevel said.

“The Miami Beach commission passed a flattening unconstitutional anti-protest ordinance that attempts to give police 100% discretion to silence protesters whenever they or the mayor sees fit,” said Katherine Giannamore, the attorney for Jewish Voice for Peace.

City leaders defend ordinance

Mayor Meiner defended the ordinance, saying it is intended to protect residents.

“Free speech is obviously sacrament and they will have that and they can have that. But you’re not going to intimidate and surround residence and that is what our legislation does,” Meiner said.

Commissioner Suarez also pledged to stand by the ordinance.

“We will defend it tooth and nail because we are on the right side of this fight and we’re also on the right side of history,” Suarez said.

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