While everyone was busy watching Ron Book's DUI arrest, THIS happened

It was suspected that once Ron Book and the Miami-Dade County Commission excluded registered persons from the Pottinger Agreement, there would be a push to undo the Pottinger Agreement altogether. They did. The police can now arrest the homeless for shits and giggles now. And it is all thanks to Ron Book. 

https://www.miaminewtimes.com/news/miami-judge-throws-out-pottinger-homeless-protection-law-11087371

Judge Invalidates Miami's Landmark Homeless-Protection Order From 1998

JERRY IANNELLI | FEBRUARY 15, 2019 | 3:16PM

One of the nation's landmark homeless-protection laws is now gone.

Since May 2018, the City of Miami has been trying to invalidate a 1998 legal decision that prevented city cops from arresting homeless people for living their lives outside. The so-called Pottinger Agreement, named for homeless Miamian Michael Pottinger, prevented police from, say, arresting homeless people for sleeping outside or placing their items on the sidewalk.

Even with those protections in place, the American Civil Liberties Union of Florida said Miami cops were blatantly harassing the homeless — including spraying them with power washers and arresting a woman who was in dire need of medical care and likely died due to the detainment. The ACLU also argued the City of Miami was trying to terminate the agreement as a way to sweep homeless residents out of the rapidly gentrifying downtown area.

The ACLU fought for roughly a decade to pass the agreement. In 1988, the rights group teamed up with more than 5,000 homeless Miamians to sue the city. The ACLU said Miami cops were intentionally harassing the homeless, destroying their property, and arresting them for no reason. Courts at the time agreed: In 1998, after ten years of legal battling, the city entered into a consent decree. Per the Pottinger Agreement, cops couldn't wantonly arrest the homeless or destroy their belongings anymore. Instead, officers had to give the homeless a chance to enter a shelter before arresting them for life-sustaining activity.

In its legal filing last year, the City of Miami argued the Pottinger Agreement was no longer necessary: The city said that homeless residents have more resources now than they had in 1998 and that the agreement made it more difficult for police to patrol the city.

But homeless residents strongly disagreed.

Ben Waxman, the ACLU attorney who fought to pass the agreement, last year protected it from the City of Miami's attack. He did not respond to a phone call from New Times this afternoon.

The ACLU's legal brief provided ample evidence that Miami cops were still violating the Pottinger rules:

Plaintiffs have amassed nearly two dozen declarations from homeless persons who recently have had their property destroyed, have been ordered to leave public sidewalks while committing no crime, or have been harassed by police and/or arrested without being offered shelter. Plaintiffs possess video evidence demonstrating that the City is collecting and destroying homeless persons’ property en masse. They have video evidence of homeless persons being arrested without probable cause, and without any offer of shelter.

 The filing continued.

Beginning some three to six months ago or more, the City embarked upon a “cleanup” of various targeted areas throughout Miami. City employees, typically working under the supervision of the police, have seized what are clearly homeless people’s belongings and hauled them off like trash – at times over the desperate pleadings of individuals trying to save them. Separately or in connection with these “clean-ups,” City police officers have been threatening homeless persons with arrest – explicitly or implicitly in the form of orders to move on from an area – without offering shelter, and often without even citing any legal violation. On many occasions, these hreatst have amounted to banishment from a given area, as the police admonish homeless persons to stay away from that area and not come back. Finally, City police have failed to document their interactions with homeless persons in the “clean-ups” and sweeps, as required by the Consent Decree.

The ACLU also provided New Times with video and photographic evidence of MPD officers harassing the homeless. In one instance, cops were taped "cleaning up" a homeless encampment and destroying property that had been left on sidewalks, including crucial items such as ID cards and birth certificates.

But in the most upsetting case, Miami PD was filmed arresting a homeless woman named Tabitha Bass in March 2018. Bass had been sleeping on the street with her boyfriend, but when cops asked her for ID, she said she didn't have any. Officers then took her to jail for "obstructing the sidewalk," in what the ACLU said was a transparent Pottinger violation. But Bass was also ill at the time. She spent three days in jail without access to medical care — which advocates say directly led to her death mere weeks later.

The Camel's Nose: Now that Miami-Dade excluded registrants from the Pottinger Agreement, now they're trying to eliminate the Pottinger Agreement altogether

Miami-Dade has been trying to undo the Pottinger Agreement for years after it was made. They used Predator Panic to achieve that goal. It was the old adage about the camel's nose in the tent. Now that the rights of some of Miami-Dade's homeless have been excluded from the Pottinger Agreement, the assault on the Pottinger Agreement itself can commence.

THIS is why everyone should fight for the rights of all Americans, even those unpopular ones.

http://www.miamiherald.com/news/local/community/miami-dade/article212189034.html

A decree bars police from harassing homeless people. Miami has moved to terminate it.
BY JOEY FLECHAS

jflechas@miamiherald.com

May 30, 2018 02:27 PM

Miami has asked a federal judge to terminate a 20-year-old legal agreement that protects the city's homeless from undue police harassment — a change that would allow the police to arrest the homeless for loitering.


The city on Wednesday filed a motion in U.S. District Court to terminate the Pottinger agreement, a 1998 consent decree that prevents police from arresting homeless people for "life-sustaining" activities such as sleeping on the sidewalk, starting a cooking fire or urinating in public. The agreement stems from a landmark lawsuit brought against the city in the early 1990s by 5,000 homeless people and the American Civil Liberties Union to stop the police practice of arresting the homeless for loitering, saying it was unconstitutional.

For two decades, the Pottinger agreement — named for one of the plaintiffs, Michael Pottinger — has governed how police can interact with the homeless. In April, city commissioners unanimously passed a resolution instructing the city attorney to takes steps toward ending or amending the agreement. That resolution was sponsored by Mayor Francis Suarez and commissioners Joe Carollo and Manolo Reyes.

Wednesday's motion solidifies the city's stance that the agreement's additional protections for the homeless are no longer needed in Miami because the city can humanely steer people on the street toward an expanded range of services that were not available in 1998.

“The circumstances have changed, and today Pottinger restricts the city from acting in the best interest of homeless persons and residents in general,” said City Manager Emilio González, in a statement. “Without the constraints of Pottinger we can better provide services for the homeless with dignity and compassion.”

The ACLU and advocates for the homeless disagree, pointing to a recent rash of incidents when they say the police violated the agreement and harassed the homeless.

"It's simply not true that the city's treatment of the homeless bears no resemblance to the way the police treated the homeless in the years leading up to the lawsuit," said Benjamin Waxman, the volunteer ACLU attorney handling the case.

Waxman cited the city's biweekly "cleanups" conducted by its Homeless Assistance Program, the team of city employees who are supposed to work with people living on the streets. Homeless people have claimed harassment, telling the Miami New Times that city workers have tried to kick them out of certain areas and destroy their property — violations of the Pottinger agreement.

In one case, a woman arrested for obstructing the sidewalk later died in custody, which activists say was because she did not receive proper medical attention while under arrest.

"They’re simply making a crime of the fact that people do not have houses,” said David Peery, an advocate who is another plaintiff in the federal settlement.

Peery recently told the Miami Herald he believes that if the woman, Tabitha Bass, had been taken to a shelter and offered services, she would have received the medical attention she needed. Footage from the body camera worn by the officer who made the arrest, Carla Gonzalez, shows the officer did not give Bass a warning or offer her shelter before arresting her. This was a violation of the Pottinger agreement, Peery said, that he feels contributed to her ill health.

"I think everyone can agree this does not help someone who is fragile from a medical condition," he said.

On the other side of the debate, downtown residents have urged the city to ask the court to end Pottinger. Some have complained that the public defecation presents a public health issue and say police should not be hampered by additional rules when interacting with the homeless. Several told commissioners they believe the homeless who remain on the street are largely there because they want to be there.

In a prepared statement, the city argued that the decree hurts the city's ability to assist people living on the street.

"The Pottinger consent decree restricts the city from taking actions in situations such as the observation of a homeless person obstructing a sidewalk, or a homeless person urinating or defecating in public," reads the statement. "It also restricts the city from offering shelter beds that are available outside of the city of Miami. No other South Florida municipality faces such restrictions."

In the motion, Miami's city attorneys emphasize the demographic changes in downtown, suggesting that the arrival of new businesses, increase in tourist traffic and growth in residential and hotel developments are reasons the consent decree should be terminated.

The city attorneys also bring up the Sept. 11 attacks and the Boston Marathon bombing, arguing that the homeless protections could threaten public safety.

"Because of the Pottinger consent decree, however, the city police department's ability to carry out security-related investigations of what may or may not be homeless property is extremely limited, endangering the public at large," reads the motion.

If the judge doesn't agree to strike down the consent decree, the city is asking for some key changes. The proposed amendments would allow the city to take homeless who accept shelter to any available bed in Miami-Dade County — currently, Miami police are restricted to taking people only to shelters within city limits. Another proposed change would allow the city to classify some homeless people as "chronically homeless" and exempt them from Pottinger's protections.

"By remaining on the streets, there is a greater likelihood that chronically homeless individuals (particularly those who suffer from serious mental illness, substance abuse, or both) may engage in aggressive panhandling, theft or violent crimes," Miami attorneys wrote.

Peery said the issues of mental illness and drug addiction are concerns that are best addressed under the decree's rules, because the decree should force police to steer homeless individuals to health programs where they can get the help they need.

After the city filed its motion Wednesday, Waxman said he would file a motion to enforce the decree. The competing motions will force a federal judge to hear both sides before ruling on the matter, likely within a few weeks.