“The Constitution does not apply on Miami-Dade Metro-Rail Grounds.”
-Wakenhut Security Guard
Prelude
I would like to begin this reflection with a deep personal apology to all of you my fellow citizens of Miami-Dade County. I would like to apologize, because I have failed to serve you and our Constitutional Republic by not having passed the bar and thus having not been able to defend our constitutional rights in a court of law tackling the daily injustices that occur in our community (I state this every time I speak on the law to make very clear as a habit for protection. I am unauthorized to practice law and am merely stating my personal opinion and not giving any legal advice to anyone). To this moment, I have only been able to stand up for our rights outside the courts, for that I truly apologize. When the day comes where I am able to take that oath to serve in the courts, I will promise as Thomas Jefferson did, “to swear upon the altar of God eternal hostility against every form of tyranny over the mind of man.”
Background
Miami-Dade County via their Miami-Dade Transit Department puts out government contracts to improve our public transportation and issues out contracts for bids to companies. I work with for my family construction company. Today on September 28, 2009, along with a business partner, I visited five Metro-Rail Stations to photograph the potential job sites. These sites are “guarded” by the private security company, Wackenhut (whose contract has not been renewed for the future for the future). Five sites have yielded five interesting results from the people who set policy in the County, to the private security bureaucracy, and the individuals who interpret the “law” in their daily work of “security.” Their words spoken today regarding rights by those in government and those private companies which have been contracted on civil rights and liberties has been so shocking that I have found it necessary to share my experience with you all.
The First Stop: Smooth Sailing
In all fairness the first stop went very smoothly and pleasantly. It might have been due to the fact that I approached a Miami-Dade Police Officer who escorted me up to the Wackenhut guards and just simply repeated to them what I had told her: that I wanted to photograph the station for an upcoming bid for the Miami-Dade Transit System. At all times, I had in my possession the plans and contract book from Miami-Dade County stating the job description, locations, and purpose…I also identified myself and my intentions at every stop. The photographing of the first location was done smoothly and quickly with no issue, although I wonder now, if that police officer would not have walked up with me and introduced me to the Wackenhut security guards, would have had such a smooth photographing session?. Needless to say, everything went down hill from this first station and my constitutional right nightmare became worse.
The Second Stop: The Nightmare Begins
As I walked up to the second station, I was greeted by two power-tripping guards that quickly welcomed me into the reality of the horrors of governmental and private company unions and their insane bureaucracies. It is at this stop, where the debate and discussion on one’s constitutional right to photograph in public blossomed. I spent about one hour trying to get into the station to photograph the area. Out of my constitutional principal, I decided to challenge their claim that I needed permission and could not photograph the facilities. As I waited in front of these Wackenhut guards, I was on the phone being transferred from department to department until I was finally transferred to Eric Muntan, Chief of the Office of Safety and Security at Miami-Dade Transit. To be fair, he was very helpful and solved the issue at that particular station.
I spoke to Mr. Muntan for several minutes explaining the situation and heard his take on the matter. I was upset and quickly stated my constitutional right to photograph in a public place, which I had repeated to the guards, which they robotically denied by stating I had no right to film in a “private place.” I did not know that Miami-Dade Public Transportation Stations were PRIVATE! I guess anything is possible in America now.
Mr. Muntan was very respectful on the phone and contacted the necessary parties to inform the guards in front of me to let me in. Unfortunately, his order to the other stations never went through for some odd reason. That will be explained later.
Mr. Muntan informed me that the procedure for companies bidding for work is different when there are photographs involved and that I needed a letter from the County to be able to photograph these facilities (A procedure I fundamentally disagree with). He informed me that, I should have been informed about this requirement at the pre-bid meeting.
One problem, at the pre-bid meeting (a meeting for contractors to explain the future details of the job) this individual, the one that I was supposed to get a “permission” letter from, never showed up according to our representative. Moreover, the paperwork, books, and contracts were not even ready on time. It was a typical county disaster, unorganized and not very helpful. It was only after I spoke with Chief Muntan that I became aware of this so-called county requirement. I still have not found the county ordinance or policy regarding this limitation of freedom.
After I was done photographing, a guard that had arrived in the middle of my constitutional quietly asked me, ”so are you a lawyer?” I quickly told him that I had studied law but was not barred and thus not practicing law, as I stated above in the intro. I asked him, “Why do you ask?” He humbly answered me that he had just been stopped and given a $500 dollar ticket by a Police Officer right before he arrived at his security job.
My mind was contemplating the irony in this situation. He was visibly upset and “sad” because the “cop” had given him such a ticket but moreover, because of the actions by the police officer. This security guard told me he had previously been a police officer before for nine years (I assume in his native land) and that he had never treated anyone as he was treated by the police officer that ticketed him. He went to explain that the police officer told him he, “was just a fucking security guard,” and also that he ticketed him for not wearing his seatbelt…after the security guard took the seat belt off in front of the officer (apparently, I have found out that this is a common intimidation practice and abuse by police officers which give these bogus “not wearing your seat-belt” tickets in addition to their stops.)
After referring him to several ticket clinics, I told him to fight this and not let it slide that our rights are too precious to remain silent. I told him we must fight for our rights, and he quickly said he would not let this pass. It was an interesting reality on the cannibalism of the police world turning on each other. To the cop he was just a “fucking security guard.” Too bad all of us know “internal” investigations is a joke and a farce and that police accountability in the banana republic is just a term on a piece of paper.
The Third Stop: “Whatever Bro, I just don’t wanna get fired, we've got one month left.”
Following the previous encounter, I arrived at the third location, where I met a young Wackenhut warrior and a man with some County identification on his neck. I identified myself and purpose. They were laid-back, however, they did not receive the order from the high commander chief of security that was given earlier in the day (what a surprise!). I had no clearance to enter the zone to photograph. At this point, I was already tired and explained to them I would photograph from the “public” area because it was my constitutional right. I just clicked away from the distance with my zoom. The Wackenhut Warriors were apathetic since they informed me their jobs were over in a month, since their contract had not been renewed…wow, I wonder why?
The Fourth Stop: The Legal Scholar of the Wackenhut Warriors
At this point, I knew what to expect. Once again, I approached the station and introduced myself and explained myself. This guard appeared to be calm and wise, at least I thought based on his calm, non-emotional, respectful tone of voice. All that changed after he began talking about his “interpretations” on the law.
At this point, I was just so amazed and shocked that I wanted to hear more on his rationale. This guard had some of the best quotes of the day. Some of them are: “Miami-Dade Transit is not Public,” “The Constitution does not apply on Miami-Dade Transit grounds,” “The County Ordinances supersede the Constitution,” and the best justification for those lovers of the expansion of the police state…”9/11,” yes he said, “Now, after 9/11 your constitutional rights are different.” At this point, I was in shock that a Wackenhut Security Guard was stating this was the policy of the county and Wackenhut. He spoke with so much confidence and belief in the absurdities he was uttering that I said to myself, “This country is doomed.” This was a nice older man repeating unconstitutional, unfounded, non-statutory propaganda and made up law… Welcome to America.
The Fifth Stop: I am Ricky Rodriguez and I am going to take pictures now. Period.
After having put my friend/business partner through torture as we drove around the Republic of Miami, I told him, “do not worry, I will just photograph from the public entrance with my zoom…I can’t take any more stupidity.” So thus, I went into the final station.
I went directly up to the guards and started talking to them. I told them who I was, what I was doing, showed them my county contract bid book, and told them I was going to photograph from the public area. I did not wait for an answer at this point. I was fast and aggressive but calm and respectful in my tone. My presence was fast and did not seem to interrupt their group discussion. I did not give them a chance to offend our constitutional liberties with their comments. I quickly thanked them and waived goodbye. After this, I was in rush hour traffic bombarding my business partner with my opinions on the state of this nation…basically that we are doomed.
Conclusion: "Those who would sacrifice liberty for security deserve neither." –Benjamin Franklin
As I rode back, I was looking out the window into people’s cars and was telling the victim of my political tirade, how we as a people are responsible for what has happened to this nation. As I saw a mother taking her kids home from school, or an old man in his company truck return home from a hard day of work, or the endless number of people whose faces bore the concerns of making ends-meet at the end of each hard day… I wondered about a sad reality… what time do these people have to worry about liberty? The answer is very little, if none.
It is up to those of us, the few, and the passionate to keep the flame of liberty alive. Let us remember, that the American Revolution was born and bred by a minority of the population in the colonies. Although, we are once again confronted with the reality of a minority in the population that are truly aware of these constitutional issues we must educate and spread the message of freedom and liberty.
We must remain strong in the face of tyranny. The flames of liberty must not die out. We can only save this Republic one state at a time, and we can only save this state, one county at a time. If we the people of Miami-Dade County cannot even defend liberty and guard our constitutional rights here at home…how can we expect the flames of liberty to spread and retake this nation. Liberty is too precious to let it fail. Our Constitution is too magnificent to let it drown in a sea of tyranny. Our Republic is too important to let it fall.
Afterthoughts: The struggle continues
It is very likely nothing will occur to correct these abuses by those in power in the county, I can say I have satisfied my conscience in spreading the message of liberty. Although, I have had many failures in the past and have several imperfections, one thing I cannot let fail is our American Revolutionary Spirit. I am confident that will one day soon retake this nation back to its roots and glory. We have no one to blame but ourselves and we can place our destiny in no other hands but our own.
In Liberty,
Ricardo J. Rodriguez
