In a step forward for South Florida's gay couples, the American Civil Liberties Union (ACLU) has reached a settlement in a lawsuit against the City of Miami Beach and two Miami Beach police officers, centered around the accusation that two cops unlawfully arrested a man who reported that they were beating a gay man near Flamingo Park.
Harold Strickland, a gay former Miami Beach resident, was walking on South Beach in 2009 when he spotted undercover officers Frankly Forte and Eliut Hazzi beating and kicking Oscar Mendoza as he lay handcuffed on the ground. Strickland called 911 and spoke with a dispatcher until he was recorded saying the two men were â┚¬Å”coming after me!â┚¬ÂÂ
The men, later identified as Forte and Hazzi, can be heard asking for Strickland identification, where he lives and why he was there before the call went dead. According to state attorney's office documents, the officers called Strickland â┚¬Å”fag and faggotâ┚¬Â as they arrested him on charges of loitering and prowling. The cops claimed Strickland was trying to get into cars before they arrested him but those charges were later dropped. Mendoza was charged with resisting arrest without violence, but those charges were also later dropped.
â┚¬Å”Harold Strickland should be commended for his tenacity and courage in the face of injustice,â┚¬Â said ACLU cooperating attorney Ray Taseff in a media release.
The settlement agrees that the city of Miami Beach will pay Strickland $75,000. In addition, the settlement agrees that police are reminded
â┚¬Å”it is not a violation of law to solicit unpaid consensual sexual acts between adults regardless of sexual orientation or gender identity or expression so long as the consensual sexual act does not occur in public,â┚¬Â and, â┚¬Å”officers will receive refresher training on current applicable Florida Statutes regarding exposure of sexual organs and sex acts in public,â┚¬Â according to the ACLU.
â┚¬Å”For years, the ACLU has received reports about two systemic problems with the Miami Beach police: the harassment of gay men in and around Flamingo Park, and the retaliation against persons reporting police misconduct,â┚¬Â said ACLU of Florida LGBT Staff Attorney Shelbi Day in a media release. â┚¬Å”We are hopeful that this settlement marks a turning point for the City of Miami Beach in seriously addressing these chronic problems.â┚¬ÂÂ
In addition, new Miami Beach police officers will receive specific training that, â┚¬Å”Improperly prohibiting or punishing a citizen from observing, documenting, or reporting a police officer's conduct violates the First Amendment of the United States Constitution.â┚¬ÂÂ
Forte and Hazzi were fired from their jobs last week.
