ACLU targets Key West for arrest of publisher

The following article is reprinted in its entirety. It was published on October 13, 2001 by the Florida Keys only daily newspaper, "The Key West Citizen" and was written by Tom Walker:

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ACLU targets Key West for arrest of publisher

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The City of Key West is in the crosshairs of a lawsuit soon to be filed in response to the controversial arrest of a local newspaper publisher.

The American Civil Liberties Union of Florida said Friday it will represent Dennis Reeves Cooper, publisher of "Key West The Newspaper," who was arrested June 22 for allegedly violating an obscure "gag law" making it a crime to publish facts relating to on-going police investigations.

"This is a clear case in which the police violated both the freedom of speech and freedom of the press guaranteed by the First Amendment," said ACLU cooperating attorney Michael Barnes. "The courts are particularly sensitive to governmental actions which stifle critics who comment on matters of public concern."

The suit will seek unspecified compensation for "Cooper´s illegal arrest and to prevent the use of the unconstitutional statute in the future," ACLU officials said in a statement released Friday.

City attorney Bob Tischenkel said he could not comment on the announcement from ACLU legal director Randall C. Marshall.

"I haven´t seen anything on that yet," he said.

In articles published June 15 and 22, the outspoken Cooper reported that Chief Buz Dillon had been given just over a month to respond to Florida Department of Law Enforcement allegations about an internal probe that cleared a police lieutenant of perjury charges with no investigation.

Due to the late hour Friday, Dillon could not be reached for comment.

"I couldn´t get any answers from the police department so I went to the FDLE," said Cooper, who founded the independent newspaper in 1994. "Some say that´s breaking the rules for journalists, but my attitude is, why bother to publish a newspaper if you´re not going to report the facts, uncover the truth and really make a difference?"

Gathering information by filing a public record requests and reviewing documents in closed police files, Cooper wrote numerous stories suggesting the department was covering up corruption among its officers.

Dillon obtained an arrest warrant for Cooper, claiming, "The articles further outline specific events that could be substantially jeopardize the success and completion of the active investigation." Cooper said he heard about the warrant from a friend and turned himself into the Monroe County Detention Center. He was released without bail.

On July 3, Monroe County State Attorney Mark E. Kohl dropped Dillon´s charge against Cooper.

"Dillon cited Florida Statute 112.533 to arrest Cooper," the ACLU said. "The statute was declared unconstitutional more than a decade ago."

The arrest touched off a national firestorm assailing Dillon in newspaper and electronic editorials.

"Even in a town known mostly for its bacchanalian Fantasy Fest and sunset celebrations, [Dillon´s] behavior is outrageous," said the St. Petersburg Times editorial, "Cuffing free speech in Key West."

"Nowhere in America should a newspaper editor be arrested for printing the news," said Marshall.

Barnes agreed: "The numerous unacceptable actions of [Dillon] made this lawsuit inevitable. This is particularly true since the elected city officials failed to curb his abuses. The U.S. Constitution protects people in this country from being retaliated against for speaking their minds."

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To contact the Key West Citizen for confirmation:
Editor Sally J. Mahan
3420 Northside Drive
Key West, Florida, 33040
(305) 292-7777
e-mail: info [at] keysnews.com

To contact Key West The Newspaper for confirmation:
Editor/Publisher: Dennis Reeves Cooper, Ph.D.
422 Fleming Street
P.O. Box 567
Key West, Florida, 33041
(305) 292-2108
e-mail: office [at] kwtn.com