Another Ron 'Fuck Your Freedom' DeSantis law in Florida.
Criminalizing free speech? Miami Beach law used to cuff people filming cops
Miami Beach’s city commission in June passed an ordinance making it illegal to “approach or remain within 20 feet” of a Miami Beach police officer with the “intent to impede, provoke or harass” an officer engaged in lawful duties, after receiving a warning. It’s punishable by a fine of up to $500 or up to 60 days in jail.
The result: Miami Beach police, over a crowded weekend in July, arrested over a dozen people, almost all Black and in the process of video recording police officers.
Since then, nearly every one of those cases has been quietly dropped. But in one of the few remaining cases, the Florida Association of Criminal Defense Lawyers asked a court to dismiss the case against an Ohio tourist, saying the ordinance unconstitutionally punished the right to free speech.
Given the opportunity to defend the law in court, Miami Beach’s city prosecutor last week backed down — simply dropping the case.
The Miami Beach city commission, aiming to appear tough on crime, in recent months has voted to dramatically expand the city’s prosecution program, including prosecuting misdemeanor battery, criminal mischief and indecent-exposure cases.
The Miami Beach Police Department pushed to implement the ordinance in time to deal with expected crowds in town for the Rolling Loud hip-hop festival. A Herald review of 13 arrests over that weekend showed all of them were of Black people, and most were of people filming officers.
Court records show that prosecutors — state and municipal — have dropped all 13 of those ordinance cases. That includes the case of Janae Senterswanson, 23, who was arrested after cops said she refused to leave the “20-foot” zone as officers were investigating a disturbance on Ocean Drive. The case lingered for months as the Florida Justice Center, which represents people for free, signed on to represent her.
Criminalizing free speech? Miami Beach law used to cuff people filming cops
Miami Beach’s city commission in June passed an ordinance making it illegal to “approach or remain within 20 feet” of a Miami Beach police officer with the “intent to impede, provoke or harass” an officer engaged in lawful duties, after receiving a warning. It’s punishable by a fine of up to $500 or up to 60 days in jail.
The result: Miami Beach police, over a crowded weekend in July, arrested over a dozen people, almost all Black and in the process of video recording police officers.
Since then, nearly every one of those cases has been quietly dropped. But in one of the few remaining cases, the Florida Association of Criminal Defense Lawyers asked a court to dismiss the case against an Ohio tourist, saying the ordinance unconstitutionally punished the right to free speech.
Given the opportunity to defend the law in court, Miami Beach’s city prosecutor last week backed down — simply dropping the case.
The Miami Beach city commission, aiming to appear tough on crime, in recent months has voted to dramatically expand the city’s prosecution program, including prosecuting misdemeanor battery, criminal mischief and indecent-exposure cases.
The Miami Beach Police Department pushed to implement the ordinance in time to deal with expected crowds in town for the Rolling Loud hip-hop festival. A Herald review of 13 arrests over that weekend showed all of them were of Black people, and most were of people filming officers.
Court records show that prosecutors — state and municipal — have dropped all 13 of those ordinance cases. That includes the case of Janae Senterswanson, 23, who was arrested after cops said she refused to leave the “20-foot” zone as officers were investigating a disturbance on Ocean Drive. The case lingered for months as the Florida Justice Center, which represents people for free, signed on to represent her.
