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. ~Lincoln~
Posted on: Wed, 24 Jul 2013 13:40:30 +0000
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