Miami looks to 'criminalize' homelessness

Published time: July 23, 2013 03:00
Edited time: July 23, 2013 07:49

The city of Miami has stirred controversy after a commissioner floated the idea of reneging on a landmark agreement that instructs police officers not to arrest the homeless for largely minor offenses.

In 1998 Miami enacted an agreement on the heels of Pottinger v. City of Miami, which instructed law enforcement to take a soft stance on infractions such as littering, cooking a meal in public using a fire, or defecating in public without first offering them a bed in a shelter. While the homeless might be considered a nuisance by some, in legal terms the city adopted a live-and-let-live mentality.

The decree, or settlement, adopted by the city came after 6,000 homeless individuals with the support of the American Civil Liberties Union took on the status of what had been arrestable offenses in Miami, arguing that police had “criminalized” homelessness, violating plaintiff’s rights under the Fourth, 14th and Eighth Amendments.

Miami City Commissioner Marc Sarnoff has now proposed modifications to city code, describing the homeless situation as a “chronic problem” for the city.

Current city law defines “life-sustaining activities” as offenses not warranting arrest. These can include activities such as blocking sidewalks, sleeping in public or lewd conduct.

In June a majority of the city’s commission voted to appeal a federal court to alter the terms of the 1998 settlement. At least some of the city’s commissioners also support hiring the same law firm that fought against the landmark case of 1998, according to Florida Watchdog.

Currently there are an estimated 835 homeless people in Miami-Dade County, of which 351 live on the streets of the city and routinely turn down offers of shelter, usually either due to drug addiction and mental conditions.

According to the Miami Herald, there are a number of local agencies addressing issues faced by the chronically homeless. Historically, the number of homeless is now far lower than the estimated 6,000 individuals prior to the 1998 landmark Pottinger ruling, and that is in large part attributed to the annual $40 million budget of the Miami-Dade Homeless Trust, which now offers thousands of beds at homeless shelters throughout South Florida.

Benjamin Waxman, a volunteer lawyer for the ACLU, says the city is now worried about its cosmetic appearance.