Greenpeace Charges Port of Miami with Unlawful Discrimination in Denial of Docking Rights

Greenpeace today charged that the Port of Miami has violated the organization's free speech rights by refusing dock space to one of its ships. The M.V. Esperanza is scheduled to reach Miami on Oct. 26.

"The Port of Miami has offered shifting, inappropriate rationales for keeping Greenpeace's ship from docking," said John Passacantando, executive director of Greenpeace in the United States. "We can only conclude that the Port does not like Greenpeace's message and wants to prevent the people of Miami from hearing it. The First Amendment does not permit this kind of censorship and discrimination. We call on Miami-Dade authorities to do what is right and reverse the Port's decision."

Earlier this month, Greenpeace sought berthing space to allow the ship to take on supplies and to invite the public aboard to learn about Greenpeace's work to protect the Amazon rainforest. Greenpeace explained these purposes to a Port official, and the two sides verbally agreed on a suitable terminal on October 6. However, a day later, this official stated that the Port would not accept any Greenpeace ship. Subsequently, Port officials claimed in writing that public activities were no longer allowed at the Port, despite the fact that Greenpeace staff had witnessed a public event taking place there during their visit. The Port also alleged that Greenpeace posed "an undue security risk," citing federal charges against Greenpeace in a case pending in Miami.

On Oct. 10, Greenpeace wrote to the Port, asking it to reconsider its decision and disputing its rationales for denying berth space. The group also pointed out that the Esperanza was allowed to dock and hold public activities in both Seattle and San Francisco within the past three months. In an Oct. 14 letter denying reconsideration, Port Director Charles Towsley focused on the federal charges. He also cited unspecified "more recent misconduct" by Greenpeace as grounds for denial.

Greenpeace maintains that the charges against the organization do not warrant the Port's decision. On April 12, 2002, several miles off the Florida coast, two Greenpeace activists, carrying a banner that said "President Bush: Stop Illegal Logging," climbed aboard a commercial ship carrying mahogany wood illegally exported from the Brazilian Amazon. In an unprecedented move, the U.S. has charged Greenpeace under an obscure 19th century law aimed at preventing boarding house owners from luring sailors to their establishments. Greenpeace has moved to dismiss the charges. The indictment appears to be the first time in U.S. history that the U.S. government has prosecuted an entire organization for peaceful protest acts of its supporters.

"Under the American system of justice, we are innocent until proven otherwise. This is particularly true in the case of this bizarre and unprecedented prosecution," Passacantando said. "I wonder how many individuals and corporations actually convicted of crimes have been allowed to dock at the Port of Miami over the years. We have even offered to compromise and limit our port activities in Miami - an offer that was ignored. The Port is clearly grasping at straws in order to keep Greenpeace out."