Legal Services Moves to Block Miami-Dade's Tent City Ordinance
Legal Services of Greater Miami (LSGM) is seeking to enjoin Miami-Dade from enforcing an ordinance, scheduled to go into effect Thursday, that would force the homeless sex offenders out of their dwellings. The recently enacted ordinance prohibits overnight camping on county property.
May 08, 2018 at 05:38 PM
3 minute read
A lawsuit against Miami-Dade County seeks to block officials from closing what paroled sex offenders claim is one of the few places where they are allowed to live.
Legal Services of Greater Miami (LSGM) is seeking to enjoin Miami-Dade from enforcing an ordinance, scheduled to go into effect Thursday, that would force the homeless sex offenders out of their dwellings. The recently enacted ordinance prohibits overnight camping on county property.
The encampment, comprising about 200 individuals, is located in the northeast section of the county, near Hialeah, in an industrial zone.
Miami-Dade officials had intended to close down the encampment last Sunday, but agreed to the temporary delay after LSGM and the American Civil Liberties Union announced their intention to file a lawsuit blocking the move.
“The county wants to banish them to the edge of the Everglades,” said LSGM Senior Staff Attorney Jeffrey Hearne in the complaint. “Plaintiffs live in the encampment because they have not been able to find anywhere else to live and are involuntarily homeless.”
If the restrictions go into effect, the residents of the tent city could face trespassing charges and then be charged with violating the terms of their parole.
Miami-Dade has one of the most restrictive laws in the country limiting where paroled sex offenders may live, the suit claims. Paroled sex offenders are barred from living within 2,500 feet of any school, park or bus stop, or any location where children may gather. They are also barred from seeking housing in any county-run homeless shelter.
For years, until 2010, most of those sex offenders lived in an encampment underneath the Julia Tuttle Causeway, which connects Interstate 95 with Miami Beach. Miami-Dade closed that settlement down, and most of the residents moved to the Hialeah area.
Advocates for the current tent-city dwellers say law governing sex offenders effectively bars them from living almost everywhere in Miami-Dade.
“This encampment is obviously not an acceptable housing situation for anyone, but to further violate our client's constitutional rights to solve a problem that the county created in the first place is cruel,” said Hearne in a statement.
“Since the housing ban lasts for life, many of these people are elderly, infirm, or incapacitated,” said Valerie Jonas, counsel with the ACLU of Florida. “If the hundreds of individuals are banished to the border of the Everglades, they will be forced to live out their lives on the literal margins of society without any cover from the elements. The county created this problem by restricting areas in which our clients can and cannot live, and the county can solve this problem now by repealing the residence restriction.”
Miami-Dade Assistant County Attorney Michael Valdez said the government would not comment on pending litigation.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFlorida Supreme Court Paves Way for Attorney Fees Over $100k in Land Dispute
Miami’s Arbitration Week Aims To Cement City’s Status as Dispute Destination
3 minute readHit Song Ignites Multimillion-Dollar Legal Battle in South Florida
Ex-Big Law Attorney Disbarred for Defrauding $1 Million of Client Money
4 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250