A federal judge let Raquel Pacheco’s First Amendment claims proceed after officers told the veteran to “refrain” from posts critical of Mayor Steven Meiner.
Miami Beach Mayor Steven Meiner sent Raquel Pacheco’s Facebook post to police. Detectives then arrived at the veteran’s home, questioned her about speech critical of Meiner’s Israel stance, and told her to “refrain from posting things like that.”
Pacheco, who served six years in the Connecticut National Guard, was not charged with a crime. The officers told her the post could “probably incite somebody to do something,” after she challenged them from her doorway: “This is freedom of speech. This is America, right?”
Pacheco sued the city, Meiner, Police Chief Wayne Jones, and others in March. Her complaint says officials used police power to punish protected criticism of Meiner and Palestine. Meiner has called the suit inaccurate; Jones said the visit aimed at a “frank conversation,” not the removal of speech, CBS Miami reported.
Chief U.S. District Judge Cecilia Altonaga ruled Sept. 28 that ordering a police visit to discuss a resident’s speech can support a viewpoint-discrimination claim. She found Pacheco adequately alleged that her viewpoint motivated Meiner’s decision to send police.
The court dismissed some claims and barred money damages against Meiner and Jones under qualified immunity. It kept surviving claims for declaratory and injunctive relief alive, lifted the discovery stay, and ordered the city defendants to answer by Oct. 12.