ADC, Local Counsel Fight Miami Beach Officials’ Bid to Dismiss
FOR IMMEDIATE RELEASE: ADC, Local Counsel Fight Miami Beach Officials’ Bid to Dismiss Raquel Pacheco Free Speech Case
Raquel Pacheco Free Speech Case
MIAMI BEACH, Fla. — The American-Arab Anti-Discrimination Committee (ADC), together with co-counsel Gary Edinger of Benjamin, Aaronson, Edinger & Patanzo, P.A., filed Plaintiff Raquel Pacheco’s response opposing Defendants’ joint motion to dismiss her federal civil rights lawsuit against the City of Miami Beach, Mayor Steven Meiner, Commissioner David Suarez, Police Chief Wayne A. Jones, and City Manager Eric Carpenter.
“This case must proceed because in America, no one should have to fear that police will show up at their doorstep at the behest of elected officials merely for engaging in First Amendment protected activity,” said Jenin Younes, ADC Interim President and National Legal Director. “The First Amendment does not only protect speech the government finds acceptable. It protects dissent and political expression precisely when those in power dislike it. If officials can use state power to scare critics into silence, then constitutional rights become privileges granted by the government instead of limits on government abuse.”
After Pacheco posted political commentary on Facebook criticizing Miami Beach’s Mayor Steven Meiner for his stance on Palestinian and LGBTQ rights, he forwarded the post to Police Chief Wayne Jones. Shortly after, two Miami Beach police detectives arrived at Pacheco’s home to question her about the post. Pacheco said she would not speak without her attorney, but the detectives continued pressing her, described the post as concerning, and instructed her to refrain from posting similar content in the future.
Under the First Amendment, government officials cannot engage in activity designed to chill First Amendment protected activity, especially core political speech. As Ms. Pacheco argues in her opposition, a person of ordinary firmness would be dissuaded from posting similar content in the future because of the officers’ actions. That constitutes viewpoint discrimination, retaliation, and an unlawful prior restraint–all in violation of the First Amendment.
Furthermore, City officials escalated their retaliatory intimidation campaign at a February 5, 2026 Commission meeting, turning the police visit into a broader effort to shame and silence her political views.
“This case is about whether government officials may punish a citizen for criticizing them,” Younes added. “They may not. The Court should deny the motion to dismiss and allow Ms. Pacheco to prove her claims.”
About ADC
The American-Arab Anti-Discrimination Committee (ADC) is the largest Arab American grassroots organization in the United States, founded in 1980 by former Senator James Abourezk. ADC’s mission is to defend and promote the human rights, civil rights, and liberties of at least 3.7 million Arab Americans residing in the United States. Through its work, ADC fights discrimination, enhances public understanding of Arab history and culture, and partners with marginalized communities globally to advance social justice.
Your support means everything. Your gift protects rights, builds community, and fights hate. Let’s move forward together.