Panhandling within 50 feet of a store now a crime in Miami Beach, COVID-19 order says
Citing concerns about the coronavirus, the City of Miami Beach will make it illegal for anyone experiencing homelessness to ask for money or food anywhere near the entrance of a business.
Starting Sunday, panhandling on public property will be “temporarily unlawful” within 50 feet “from the entrance or service window of any essential retail and commercial business or restaurant or food service establishment.”
The new restrictions are part of the “Phase 1 Reopening Order” signed by City Manager Jimmy Morales on Saturday.
The panhandling ban would likely be struck down on free-speech grounds in the absence of a pandemic, the city’s legal staff said.
“However, during the current COVID-19 emergency, the City could mount a defensible case in court that the temporary emergency panhandling restrictions suggested here survive strict scrutiny review, because they advance the goal of mitigating the COVID-19 public health threat,” city lawyers wrote in a letter to the City Commission on May 8.
The panhandling restrictions will be in effect for five days and end on Friday, the order states. The emergency powers Morales was granted to run the city’s pandemic efforts expire Friday, unless extended by the City Commission. The elected board has repeatedly voted to extend the orders, which include a citywide curfew.
Miami Beach law contains restrictions on panhandling in certain locations, such as within 20 feet of a sidewalk cafe or an ATM.
But the city does not enforce them, citing a 2015 U.S. Supreme Court opinion that struck down most governments’ ability to regulate panhandling, City Attorney Raul Aguila said.
“It is not expected to be a permanent measure but it has been narrowly tailored to protect the public health safety and welfare during this time,” Aguila said in a statement. “We heard testimony that panhandlers are not observing social distancing measures, wearing masks etc. in approaching people for money.”
Commissioner Mark Samuelian responded to criticism over the order on Twitter, arguing that panhandling isn’t safe during a pandemic.
“Panhandling does not lend itself to social distancing and may be especially dangerous without a mask,” he wrote.
While any violation of the city’s emergency order can technically lead to arrest and criminal prosecution, according to the language of the executive measure, police and city staff may use discretion in enforcing the rules. Violations of other orders, like the one that previously required face masks at parks, led only to warnings or citations.
Restaurants and other non-essential businesses are allowed to open in Miami-Dade on Monday. But Miami Beach will wait until Wednesday to reopen retail stores, grooming services and museums. Restaurants will follow on May 27.
This story was originally published May 16, 2020 at 2:29 PM.
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