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.
“I think what bothers [the
city] is their presence, because they are trying to project the
image of Miami as a center of international travel and business,
and they see the homeless as interfering with their
intentions,” said Waxman.
Proposals now being considered by the city would give police the
authority to arrest those homeless people who refuse shelter on
three occasions within a 180-day period, as well as confiscate
their belongings.
Beyond the ACLU, there are a number of organizations nationwide
that advocate for cities avoiding what critics call the
“criminalization” of
homelessness through arbitrary law enforcement of city codes.
For example, a 2009 report by The National Law Center on
Homelessness & Poverty and The National Coalition for the
Homeless argued that the cost of permanent housing is less than
that of criminalizing the typical offenses made by homeless
individuals.
The NLCHP / NCH report also highlighted approaches taken by other
municipalities such as Portland, Oregon, which enacted a 10-year
plan through which outreach workers were able to offer people
living on the streets permanent housing.
According to the Miami Herald, the city’s shelters are already at
capacity, and advocates for the homeless argue that the city
commission’s plans to criminalize the homeless rather than
increase funding for additional shelter would be
counterproductive.