3000 BISCAYNE BLVD.

SUITE 106
MIAMI, FL 33137!
January 30, 2017
Mayor Carlos Gimenez
Stephen P. Clark Center
111 N.W. 1st Street, 29th Floor
Miami, Florida 33128
via email mayor@miamidade.gov
Abigail Price-Williams
County Attorney
via email apw1@miamidade.gov
Juan J. Perez
Director of the Miami-Dade Police Department
9105 Northwest 25th Street
Doral, FL 33172-1500 USA
Janet Lewis
Miami-Dade Police Legal Bureau
9105 Northwest 25th Street
Doral, FL 33172-1500 USA
To Whom It May Concern:
Miami Dade County and Miami Dade County Police Departments actions barring residents
from accessing Government Center on Friday, January 27, 2017, constitute direct violations
of the First Amendment to the U.S. Constitution. We are writing to you today as a group of
attorneys who were present that day and are deeply concerned about the actions taken to
deprive the public of their ability to petition for redress of grievances at the seat of
government.
Hours after Mayor Carlos Gimenezs decision1 to make Miami-Dade County the first major
metropolitan area to fall in line with President Donald Trumps (legally dubious and morally
reprehensible) threats to sanctuary cities and immigrant families, a group of Miami-Dade
residents gathered at Government Center to voice their objections. The group included
immigrants, youth, faith leaders, domestic workers, community leaders from organizations
like WeCount!, Florida Immigrant Coalition, and their allies.
Government Center is a quintessential public forum, the site of virtually all meaningful
interactions with elected County officials, and its interior spaces have long been the site of
assembly and public debate. Residents gathered here to protest actions made at the sole
discretion of those gathered within its walls. As the U.S. Supreme Court noted, such assembly
is the most pristine and classic form. The petitioners felt aggrieved by laws. . . They

Miami-Dade mayor orders jails to comply with Trump crackdown on sanctuary counties, Miami Herald, Jan. 26, 2017
http://www.miamiherald.com/news/local/community/miami-dade/article128984759.html!

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peaceably assembled at the site of the State Government, and there peaceably expressed their
grievances to the citizens, along with the Legislative Bodies....2
When those gathered attempted to make their way to Mayor Gimenezs office, Miami-Dade
officials made the pre-emptive decision to barricade doors and refuse entrance to those gathered
solely based on the content of their speech. This decision, which was renewed and reinforced for
over three hours, constitutes an illegal prior restraint of speech, the most serious and least tolerable
infringement on First Amendment rights.3 Other members of the public and press were allowed to
enter the building between approximately 11 AM-1:30 PM.
At various points, those gathered were told Government Center was private property (it is not), that
the building was closed to all (it was not), and that they could not enter because they would be
disruptive - an assertion that was inconsistent with the peaceful behavior of those gathered there.
As is well established, undifferentiated fear or apprehension of disturbance is not enough to
overcome the right to freedom of expression.4
At 1:40 PM, as approximately a dozen protestors, accompanied by U.S. Representative Keith
Ellison, made their way to the one remaining entrance open to the public with the intention of
delivering a letter to the Mayor, Miami-Dade Police officers made the decision to padlock the gate
and shut down the Metrorail station completely, inconveniencing potentially hundreds of riders.
The suppression of political speech should never be taken lightly, and least of all in times when the
President of the United States has continually pledged to harm marginalized communities from
immigrants and Muslims to women and communities of color. Our communities continue to have
fewer opportunities to be heard in local and federal government spaces controlled and run by big
money interests. Under these conditions we must hold the First Amendments protections and the
few public forums we have inviolate.
Given these events, we are demanding a clear directive be given to all County personnel and law
enforcement to permit unimpeded public access to Government Center during operating hours,
emphasizing that the Miami-Dade County government remains committed to public accountability
for its actions, and, towards that end, will insure that the right of peaceful protest and public access
of the public to officials will be vigorously safeguarded.
Sincerely,
Alana Greer
Attorney | Community Justice Project
alana@communityjusticeproject.com

Khurrum Wahid
Attorney | EmergeUSA
kwahid@emerge-usa.org

Carlos Condarco
Attorney
ccondarco@gmail.com

Alan Levine
Special Counsel* | LatinoJustice PRLDEF
alevine@latinojustice.org
*not licensed in Florida

Christopher Brochyus
Attorney & President | Greater Miami Chapter of the ACLU
cbrochyu@gmail.com
2
Edwards v. South Carolina, 372 US 229, 235 (1963). Note that even during the height of tensions and oppression in 1960s South Carolina, the
law enforcement officials in this case recognized protestors "had a right, as a citizen, to go through the State House grounds, as any other citizen
has, as long as they were peaceful."
3
Nebraska Press Assn. v. Stuart, 427 US 539, 559 (1976)
4
Tinker v. Des Moines Independent Community School Dist., 393 US 503, 508 (1969)
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