HomeMy WebLinkAboutR-93-0050i
J-98-70
1f 14/93
RESOLUTION NO. 9 - 50
A RESOLUTION RECOGNIZING ►IN PRINCIPLE, THE
RIGHTS OF HOMELESS INDIVIDUALS TO PERFORM
BASIC DAILY LIFE - SUSTAINING FUNCTIONS AND
ACTIVITIES AS ARE SET FORTH IN GREATER
SPECIFICITY HEREIN WITHIN THE JURISDICTION OF
THE CITY OF MIAMI.
WHEREAS, the City of Miami Commission aoknowledges that an
emergency measure needs to be taken to address the homeless
problem existing within the jurisdiotion the City of Miami; and
WHEREAS, the City's prior aotions in enforcing oertain State
laws and City ordinanoee have resulted in a lawsuit identified as
Miahael Pottiager. et al. Plaintiffs v. City of Miami. Defendant,
Case No. 88-2406-Civ-ATKINS, brought in the United States
Distriot Court, Southern Distriot of Florida, Miami Division; and
WHEREAS, the aforesaid lawsuit has resulted in various
orders issued against the City of Miami, inoluding, but not
limited to, an Order entered November 16, 1992 entitled,
"Findings of Faot and Conolusions of Law and Order on Plaintiffs'
Request for Deolaratory and Injunotive Relief"; and
WHEREAS, the said Order dated November 16, 1992, and one
previously issued by the Court on Maroh 18, 1991, are currently
the subjeot of separate appeals now pending before the Eleventh
Judioial Cirouit of Appeals; and
CITY COMMSSXiQK
MEETING OF
JAN 1 4 1993
Resolution Na
93- 50
WHEREAS, the Order of November 16, 1992, found that the City
of Miami had violated certain Constitutional rights ascribed to
the homeless due to a policy and/or oustom of the City of Miami
of arresting said individuals who were visibly homeless while
they were performing certain life sustaining sots in public,
including eating, sleeping and oongregating in public places,
such as the City's parks and on the City's streets;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA
Section 1. Without any admission of liability or waiver
of any rights to appeal the findings of the Court concerning
whether the City had or has a policy of violating the
Constitutional rights of visibly homeless persons or any other
matter, it is the stated policy of the City of Miami that it
shall not henceforth arrest visibly homeless individuals who are
forced to live in public for performing innocent, harmless,
inoffensive acts such as sleeping. eating, lying down or sitting
in public; that further, the City of Miami shall respect any and
all property of homeless individuals and that the City of Miami
shall cooperate with, and participate in, efforts by the State,
County and Federal Government intended to help to alleviate the
plight of the homeless.
Section 2. Nothing in the foregoing statement of
principle shall be construed as providing to any homeless person
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any rights greater than those aooruing to other oitizens, and the
foregoing statement of prinoiple shall not apply to the
performance by any homeless individual of any oriminal aotivity
or for any oonduot that is harmful to others or to him or
herself.
PASSED AND ADOPTED this 14th day of
ATTE
MATTY tIRAI
CITY CLBRK
PREUMEYY AND
O)r M'. FIRTH "
SISTANT ClY A
APPROVED AS TO FORM AND CORRECTNESS:
M3383/LMF/om
XAVIER . L A SU
1993.
MAYOR
93-- 50
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