Miami Herald that “[p]reparations for a suit in federal court are well underway.”“My civil liberties are not up for debate,” he said of his intention to not only sue Miami Beach Gay Pride, but the city of Miami Beach and Miami-Dade County, which are co-sponsoring the Pride parade.Kent Harrison Robbins, an attorney for Basabe, wrote to Horwich warning him that excluding Basabe from participating in the parade “would be willfully, knowingly, and intentionally abridging his First Amendment right to free speech and to peaceably assembly on a public street.”“Legal precedents from the federal courts, including the United States Supreme Court, have ruled that a concern that there may be physical opposition to [Basabe] is not a legal justification for violating his speech and assembly rights,” Robbins wrote in the letter. “Basabe must be allowed to participate in The Pride Parade and he must be notified immediately through my offices that he will be allowed to do so without any impediments.”Robbins argued that because city and county jurisdictions are among the sponsors of the parade, it doesn’t constitute a private event that would allow for Basabe’s exclusion.
Rather, it is a “demonstration of political speech on the public streets,” and warned of further legal action if Basabe is prevented from participating.Horwich told the Herald that Basabe is welcome to attend the parade as a spectator, but maintains that Miami Beach Pride has discretion over who can participate.“My number one priority as chairman is safety at the parade and at the festival,” Horwich said. “The board decides who can be in the parade — which is everybody, as long as you’re not a threat to the spectators and other participants.”Basabe shared a message with.
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