Officials violated free speech in public comments, could be ousted
Just in time for Thanksgiving — something to be really thankful for: Hope in the city of Miami that certain officials who have been running a criminal enterprise could be removed from office. Finally.
No, it’s not another recall attempt.
The city is being sued by a group of residents after they were denied their 1st and 14th Amendment rights to be heard during a commission meeting Nov. 19 discussion about expanding the noise ordinance. According to its own Citizens’ Bill of Rights, they could be forced to “forfeit” their office.
After all the sleazy shenanigans, all the wild, winded rants on the dais, all the secret investigations, the crazy nighttime stalking, the weaponizing of city departments, the abuse of power — after all that, it could be the silencing of dissent that takes Miami Commissioner Joe Carollo down.
And he could take some of the other clowns down with him.
Carollo is already accused of violating the First Amendment rights of the Little Havana owners and operators of Ball and Chain Restaurant and Bar, a popular barrita that hosted an event for his opponent in 2017 and has been suffering the consequences since. They filed a lawsuit in 2018 that is still pending.
Now, they have more evidence. And this second lawsuit claims the city also violated the residents’ 14th Amendment guaranteeing equal treatment to all under the law.
Because last week, at the advice of City Attorney Victoria “Tricky Vicky” Mendez — who’s been carrying Carollo’s water and covering up for him for years — commissioners denied these rights of hundreds of people who called the city to give their opinion on the noise ordinance. The city set up a recording line just for that purpose — it’s done so since virtual meetings started — but Mendez said that all the comments were “exactly” the same and read from a script. She said the commissioners did not have to hear these people exercising their rights if a summary was read into the record.
Read related: Miami Commission, attorney stifle public comment on noise ordinance
She was wrong, regardless. Free speech is not limited to a certain number or type of words. And in the same meeting, the commission heard calls that were exactly the same and seemingly from a script on another item.
And she lied. She told commissioners she got an opinion from the Attorney General’s office on it. She did not. A spokeswoman in the Tallahassee office of AG Ashley Moody said a staffer did have a telephone conversation with someone at the city attorney’s office, but that it was not an official opinion.
But it gets worse.
A review afterwards of the almost nine hours of public comments — which were put on YouTube by the Miami Herald — show that, while some people read from a really bad script they got from Ball and Chain owners, there were many people who did not read any script. They spoke from the heart.
But commissioners didn’t get to hear them before they voted on the ordinance, which was written so narrowly, it’s obvious it aims to hurt the Ball & Chain restaurant pretty much only. The city ignored more than 360 calls, most of which (if not all) were opponents of the measure.
That includes the four plaintiffs on the motion filed Wednesday: Ariel Gonzalez, Magda Gonzalez, Juan Turros and Denise Galvez Turros, a onetime commission candidate. Their attorney is David Winker, who has also represented the political action committee that is trying to recall Carollo and several homeowner groups against city zoning issues.
“A central feature of American democracy is engaged citizens participating in public debate of civic issues,” Winker writes in the suit. “Public comment by citizens before the officials they elected to represent them provides one of the most important avenues for citizens to contribute to the debate on matters of public concern.”
The City of Miami provided a notice that the public could record comments which would be played at the Nov. 19 commission meeting. “And then, without prior notice, decided not to play the recorded comments critical of ordinance… based upon the advice of City Attorney Victoria Méndez, who has played an integral role in Commissioner Carollo’s efforts to weaponize city resources against residents,” the lawsuit reads.
“This amounted to a ‘bait and switch’ tactic which constitutes a denial of the public’s ‘reasonable opportunity to be heard.’”
The Miami-Dade Citizens’ Bill of Rights, contained in the city charter, is clear: “Any interested person has the right to appear before the Commission or any municipal council or any County or municipal agency, board or department for the presentation, adjustment or determination of an issue, request or controversy within the jurisdiction of the governmental entity involved.”
Read related: Joe Carollo sued for violating free speech of Little Havana businesses
In the city’s own Bill of Rights, it says the city “shall not interfere” with freedom of speech. And it provides for a penalty. “Any public official, or employee who is found by the court to have willfully violated this section shall forthwith forfeit his or her office or employment.”
This is where it gets exciting. Because Tricky Vicky violated this section. And so did every single commissioner who took her word for it, knowing there were eight hours and 52 minutes of recorded comments.
And so did Mayor Francis Suarez, who can’t vote but is a “presiding member” of the commission.
Okay, okay. Ladra doesn’t expect a judge to wipe the dais clean. Commissioner Ken Russell gets to stay. He was the only one who questioned Tricky Vicky’s advice and seemed uncomfortable with moving forward without the public comments.
But the others are complicit in this total disregard for the rights of residents who were just trying to do as the city instructed in order to express themselves on a controversial legislative matter.
And someone will have to be held responsible.
Let’s give thanks.
Complaint against city of Miami for 1st and 14th Amendment violations by Political Cortadito on Scribd
Lawsuit filed vs city of Miami for silencing residents on noise ordinance added by Ladra on
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