Under threat of lawsuit, Miami-Dade grants reprieve to eviction of sex offenders
Facing an imminent lawsuit to be brought by Legal Services of Greater Miami on behalf of the homeless sex offenders living alongside railroad tracks in Miami-Dade, the Deputy Mayor has granted a temporary reprieve to the forced eviction scheduled for Sunday, May 6, 2018.
Miami-Dade Mayor Carlos Gimenez, had sent a memo on March 21st, announcing plans to shut down the encampment of sex offenders living outdoors, legislated into homelessness by the County’s 2500 foot exclusion zone. Included in that plan was a deadline of May 6th for the registrants to leave or the County would enforce the recently enacted “Bovo Amendment” enabling them to arrest homeless on site if they were registered sex offenders.
During the period that followed, nobody, including the homeless trust, was able to find alternate housing for the 270 individuals, even for those who could afford it. The county’s solution; move them to another street corner all the way in southwest Miami,next to a rock quarry in the middle of nowhere, over one mile from the closest public transportation, where they would still be outdoors without shelter, running water or sanitation. Still “overnight camping”.
As the deadline approached, attorney Jeffrey Hearne, Director of Litigation at Legal Services of Greater Miami, sent notice to the County that if they intend to move forward, a lawsuit would be filed.
Today, Deputy Mayor Maurice Kemp granted a stay of any enforcement action so that the County can “provide clarity” as to what their intended next course of action is. A copy of the letter is below.
A tremendous amount of gratitude goes out to Jeff Hearne who has been working tirelessly on this!
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The substantive prong to the 5th and 14th Amendments Due Process Clauses prohibits “arbitrary and capricious government conduct,” including arbitrary laws. The erroneous presumption RSO’s have a high rate of recidivism, adopted by all legislators and Congress, renders the AWA and Residency Laws arbitrary and unconstitutional. There is a body of case law on arbitrary laws.
Koodos To Mr Hearne! Thanks for being one of the few that cares. I’ve always said for the last 20-30 years,that people have no problem given away someone else’s freedom, constitutional rights. But now the shoe’s on the other foot and they want to start crying about it. If the truth was known these people that pass judgement on other people have the same skeletons in their closet, but they haven’t been caught. You see it everyday media, schools, priest, teachers officers government officials it goes on and on! So maybe the Paradigm will shift again and get us out of this suppression and unconstitutional laws of United States Of America
Today it’s Us tomorrow it’s You wise up America.
Congratulations on the reprieve! You have saved hundreds of registrants and their families from great harm.
Yay!!!!!!! I met Jeff out at the tent area and the patience and humanity he showed towards the registrants was heartwarming. Kudos to Jeff!!
Love it!!! Nice try Bovo and Books.
No one should have to work tirelessly on this. Human beings should not be treated like this.