The American-Arab Anti-Discrimination Committee has filed an opposition urging a federal court to reject a motion to dismiss a First Amendment retaliation lawsuit brought against City of Miami Beach officials.
The lawsuit, Pacheco v. City of Miami Beach, et al., was filed in the U.S. District Court for the Southern District of Florida on behalf of Miami Beach resident Raquel Pacheco. Pacheco, an activist who has publicly criticized municipal policies regarding LGBT residents and the war in Gaza, named Mayor Steven Meiner, Commissioner David Suarez, and Police Chief Wayne Jones as defendants.
The legal action stems from an incident where police officers went to Pacheco’s residence following a social media post in which she criticized Mayor Meiner. Meiner forwarded the post to Police Chief Jones with the message, “Chief, As we discussed, please see the post below.”
Officers subsequently arrived at Pacheco’s home. According to the complaint, the officers insisted on speaking with her after she requested an attorney, implied her post could incite violence, and suggested she refrain from publishing similar content in the future. Pacheco filmed the encounter, and the video subsequently circulated widely on social media.
The complaint alleges this event was part of a broader attempt by city officials to restrict speech critical of Israel, which included limiting pro-Palestinian demonstrations, passing an ordinance prohibiting city contracts with entities that boycott Israel, threatening economic retaliation against O Cinema, and attempting to silence speakers at city commission meetings.
In their joint motion to dismiss, the defendants argued that the police response was lawful, comparing the visit to a wellness check. They also asserted that the encounter would not deter an individual of “ordinary firmness” from exercising protected political speech, and invoked qualified immunity to shield the officials from individual liability.
The ADC countered those assertions in its latest filing.
“According to Defendants’ logic, police would be justified in showing up at our homes to interrogate us about controversial social media posts. That is not realistic,” said Jenin Younes, ADC President and National Legal Director. “Most people would be frightened into silence by such an encounter. Moreover, the Government’s argument that the intent of the visit was not to silence Ms. Pacheco is disingenuous. If that wasn’t the purpose, then what was it?”
ADC attorney Malak Afaneh stated that the incident represented a coordinated effort by local officials.
“What happened to Ms. Pacheco was not an isolated or merely inappropriate police encounter,” Afaneh said. “The complaint describes a coordinated escalation that began with the mayor referring her protected speech to the police, continued with detectives confronting her at home, and culminated in City officials publicly castigating her at official meetings. When the people entrusted with power use law enforcement and the platform of City Hall to target a resident’s political viewpoint, the City must be held accountable.”
The case remains pending before Chief U.S. District Judge Cecilia M. Altonaga.
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