ADC Urges Federal Court to Reject Miami Beach Officials’ Attempt to Dismiss First Amendment Retaliation Case

FOR IMMEDIATE RELEASE
July 31, 2026
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WASHINGTON, D.C. | The American-Arab Anti-Discrimination Committee (ADC) filed an opposition to a joint motion to a motion to dismiss brought by the City of Miami Beach Mayor Steven Meiner, Commissioner David Suarez and Police Chief Wayne Jones, on behalf of Miami Beach resident Raquel Pacheco – a longtime activist who has publicly criticized City officials over their policies and statements on the war in Gaza and the City’s treatment of LGBT residents.

Ms. Pacheco brought the lawsuit after police confronted her at her own home over a social media post she had written criticizing the Mayor’s dehumanization of Palestinians and treatment over the LGBT community. The Mayor had forwarded the post to Chief Jones, writing, “Chief, As we discussed, please see the post below.” Police officers were dispatched to her home, where they insisted on speaking to Ms. Pacheco although she invoked her right to an attorney, implied her speech could incite others to violence, and suggested she “refrain” from posting such content in the future. Ms. Pacheco filmed the incident, which went viral on social media earlier this year.

This incident occurred in the context of a concerted effort by Mayor Meiner and other city officials to suppress speech critical of Israel, including by restricting pro-Palestinian demonstrations, enacting an ordinance prohibiting City contracts with entities that boycott Israel, threatening economic retaliation against O Cinema and attempting to silence speakers critical of Israel at City Comission meetings.

Defendants maintain that it was perfectly reasonable and lawful for police to engage in this action, which they seek to characterize as akin to a wellness check, and that this action would not deter a person of “ordinary firmness” from continuing to engage in protecting political speech.

 “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 ADC President and National Legal Director Jenin Younes. “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?”

The First Amendment is violated when government officials deliberately invoke their authority to deter individuals from expressing a protected political viewpoint. Police officers appearing at a citizen’s home, summoning her outside, questioning her about lawful speech and warning her against similar speech creates the chilling effect the First Amendment is meant to prevent. It is crucial that courts continue to recognize that government action short of arrest, or the First Amendment is worth nothing more than the paper it is written on.”  

“What happened to Ms. Pacheco was not an isolated or merely  inappropriate police encounter,” said ADC attorney Malak Afaneh. “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. Government officials cannot convert their hostility toward Palestinian advocacy or any other protected political expression  into a campaign of state intimidation.”

ADC also opposes Defendants’ qualified immunity arguments, which they invoke to shield them from individual liability for their unlawful conduct. Public officials cannot weaponize police authority against people whose views they dislike. Victory in this case is essential not only for Raquel Pacheco, but for every person who dares exercise their constitutionally protected rights to challenge those in power without fear of retaliation.

Case Information
U.S. District Court for the Southern District of Florida
Pacheco v. City of Miami Beach, et al.
Case No. 1:26-cv-21901-CMA, Altonaga/Reid

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.