By Attorney Rawsi Williams, Esq., R.N.
“Why weren’t the Cuban protestors arrested or met with force like Black Lives
Matter protestors were? Does FL HB 1 only apply when the protestors are Black or
marching about police brutality against Blacks?”
Last week, Cuban protestors marched in masse in cities across Florida protesting the longstanding maltreatment of their families and friends in Cuba by the Cuban government. Holding signs, posters, and banners as they marched onto interstates and major public highways, blocking traffic for hours in some locations. Local police and the Florida Highway Patrol responded. No rubber bullets. No tear gas. No mass arrests.
Last year, people across the country marched in support of Blacks Lives Matter and demanded the conviction of Officer Derek Chauvin for the murder of George Floyd, convictions of other officers for the murders of Breonna Taylor and Botham Jean, the arrest of private citizens for the murder of Ahmaud Arberry, and for police reform and the repealing of qualified immunity. Likewise, police responded. The National Guard responded. State troopers responded. Dressed in riot gear, deploying tear gas, shooting rubber bullets, wielding batons and tasers, and effectuating mass arrests. In some locations, counter protestors even drove through protestors, killing people. Of note, it didn’t matter how peaceful the protestors were ; the response was the same.
Enter Florida’s HB1, signed into law by Governor DeSantis in April of this year. but born during the time of Black Lives Matter protests. The law is entitled “Combating Public Disorder” In short, this law criminalized “riots” and “unlawful assemblies,” and gave an “affirmative defense” in civil suit to those sued for hurting someone who “participated in a riot.” In other words as an example, someone sued for driving through protestors who are “rioting.” The words of the law are as follows:
Combating Public Disorder; Authorizing specified elected officials to file an appeal to the Administration Commission if the governing body of a municipality makes a specified reduction to the operating budget of the municipal law enforcement agency; providing that a municipality has a duty to allow the municipal law enforcement agency to respond to a riot or unlawful assembly in a specified manner based on specified circumstances; reclassifying the penalty for an assault committed in furtherance of a riot or an aggravated riot; prohibiting cyber intimidation by publication; prohibiting a person from willfully participating in a specified violent public disturbance resulting in specified damage or injury; creating an affirmative defense to a civil action where the plaintiff participated in a riot, etc.
Free speech and Civil Rights advocates opposed the law, stating laws are constitutionally invalid when racially motivated in discriminatory purpose and in effect. Supporters responded 1st amendment free speech protection does not include riots or unlawful assemblies. They were both right.
Enter the protests last week against Cuba. We have two sets of protestors. Both were protesting grave longstanding civil rights and humanitarian maltreatment at the hands of their respective governments. There is no dispute there, at least for me. Both are fighting righteous causes and doing what they know to do to get RESULTS because doing everything else has not worked and Justice can’t wait another day, because each day Justice is delayed, it is denied. There is no dispute there as well, at least for me. Cubans were protesting roughly 60 years of maltreatment by the government in Cuba. Blacks were protesting nearly 400 years of maltreatment by the government in this country. Both groups blocked the roadways…for hours. Both groups did not leave when law enforcement arrived…for hours. Both marched down streets honking horns, yelling, rallying, chanting, crying out. In other words, both were unlawful assemblies to which law enforcement responded. Yet, the only categorical aggressive response by law enforcement across the board despite whether protestors were peaceful or not was in the case of Black Lives Matters protestors.
The Governor’s office generally responded that it cannot be responsible for how Miami-Dade enforced the law, nor can Miami-Dade’s difference in enforcement be imputed to say that the law itself is racially motivated. Governor DeSantis also responded that Cubans were fighting oppression of 60 years. But with the timing, all the background context and legislative racially discriminatory intent issues surrounding this law, did not the Governor’s office see this coming? Did not it see the racial issues with the law itself?
The truth here, like it nor, is there IS a glaring and distinct difference in treatment of Black people, Black protestors, and those protesting on behalf of Back issues. There are racial issues with the law. Equal protection under the law is not an enforced right for us, although a guaranteed right to us. Be clear, this is not Cuban rights vs. Black rights matter, or Cuban people vs. Black people. I wholeheartedly support their fight. I understand the heart-wrenching agony of demanding Justice for years on end to
no avail, to where you have nothing more to lose by speaking up by everything including life to lose by remaining silent. I understand “ENOUGH!!” Rather, it is constitutional rights vs. lack of equal protection for Blacks issue. It is another Justice delayed is Justice denied for us issue. It’s another time when our voices and speech are suppressed while the voices of others are amplified. It’s another criminalization of our Black skin issue. And for us, it’s just another example of no matter how hard we try, we will always be the proverbial and actual black sheep of our country’s family. HB1 must be repealed. Equal protection under the law must be enforced for us. This State and our country must become that place in reality where we in practice do hold these truths that all mean are created equal to be self-evident.
My prayers to All.
Attorney Rawsi Williams, Esq., R.N. is the founder of Rawsi Williams Law Group in Miami and is a licensed Minister, Veteran, and Registered Nurse. She has represented many televised racial and civil rights cases including Christopher Columbus High School student-athlete Luther Johnson V, police brutality victim Black honorably discharged retired Army veteran, minister, and Registered Nurse Mr. Oscar Julien-Riou, and more. Ms. Williams volunteers in many community organizations and was awarded 2019 Human Rights Activist of the Year by Zeta Phi Beta, Inc., Beta Tau Zeta Chapter, and 2021 Woman Community Activist Of The Year by Iota Phi Lamba Sorority, Inc., Gamma Alpha Chapter. She is a true believer that fighting the good fight of faith at times calls for the warrior (John 2:15) and other times the sacrifice of humble love (John 3:16). Learn more about her Practice and Contact her on www.CallRawsiWilliams.com
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