The City of Miami Beach has agreed to pay a monetary settlement to
marijuana rights activist, C.D. Flash, for damages he suffered during a false
arrest in October, 2010. The settlement was paid as Mr. Flash was preparing to
file suit claiming that his arrest was a direct violation of his First
Amendment right to engage in political petitioning in public spaces.
Mr. Flash was collecting signatures for a marijuana decriminalization
petition on the Lincoln Road mall when he was stopped by Miami Beach Code Enforcement
and Police officers, who incorrectly informed him that he needed a permit to
collect signatures.
When Mr. Flash asserted that he had the constitutional right to collect
signatures in public, he was arrested on charges of disorderly conduct. Mr. Flash
maintains that he was never disorderly and complied with the requests of the
police, but that he insisted upon exercising his right to remain and gather
petition signatures.
Mr. Flash was jailed for 24 hours a result of his arrest and was
required to face the charges in court. On January 12, 2011, Mr. Flash appeared
in court with his attorney, Russell Cormican, only to have the State dismiss
all charges moments before the case was called for trial. The prosecutor
indicated that the arresting officer, John Pereira, no longer had any
recollection of the arrest, despite the fact that it had occurred less than 90
days earlier. Officer Pereira has a long history of disciplinary issues, with
numerous internal affairs complaints, including one filed by the sister of
singer, Beyonce Knowles.
“Mr. Flash was clearly targeted for arrest based on the fact that his
political beliefs were unpopular with police officers” said Mr. Cormican,
attorney for Mr. Flash. ”It is very encouraging to see the City of Miami Beach
offering to quickly settle this case and acknowledge the right of individuals
to engage in peaceful political expression, no matter what their viewpoint is.”
Mr. Flash was working in conjunction with the Committee for Sensible
Marijuana Policy (CSMP) and was gathering petition signatures for a ballot
initiative that seeks to decriminalize the possession of small amounts of
marijuana. The initiative would allow police officers to give offenders a
citation in lieu arresting them if the possession was for less than 20 grams.
The violation could then be satisfied with the payment of a $100.00 fine. Mr.
Flash intends to utilize the proceeds from his settlement to continue working
for the reform of marijuana laws.