November 20, 2003

Mayor Manuel A. Diaz
City Hall
Miami, FL 33133

Dear Mayor Diaz:

The actions of the Miami Police Department this week have violated the fundamental due process and First Amendment rights of thousands of peaceful protesters gathering to voice their opposition to the Free Trade Area of the Americas summit. We call on you and City Attorney Alejandro Vilarello to respect the Constitutional rights of these defendants. We also demand a full-scale, independent investigation into the police officers’ alarming behavior, with the results to be made public.
The National Lawyers Guild is on site observing numerous illegal practices that Miami City leadership has referred to as a “blueprint for Homeland Security,” including:
  • Indiscriminate, excessive force against hundreds of nonviolent protesters with weapons including pepper spray, tear gas and concussion grenades, and rubber bullets;
  • Singling out of NLG Legal Observers wearing highly visible neon green caps. We have confirmed reports that five Legal Observers were arrested, and four of those assaulted by police officers;
  • Police stopping and snatching protesters, seemingly at random, into unmarked vehicles;
  • Police shooting protestors with rubber bullets and trapping them by police lines, resulting in major injuries. Police repeatedly refused to allow Medics into these areas to treat the injured.
Such paramilitary tactics are ill-conceived and self-defeating and have no place in a democratic society. Such tactics are not only in direct violation of the constitutional rights of protesters, but also make young and inexperienced police officers more nervous, increasing the likelihood of serious bodily injury to many. 

The National Lawyers Guild, founded in 1937, comprises over 6,000 members and activists committed to fighting social injustice in this country and the rest of the world. We are dedicated to defending the First Amendment.

We urge you to immediately put an end to unconstitutional police practices and policies.

Sincerely,
Michael Avery
President

cc:

Chief of Police John F. Timoney
City Attorney Alejandro Vilarello