You can play doubles tennis, but panhandling during COVID still illegal in Miami Beach
Close-quarters commerce — like tattoo and massage studios — has reopened in Miami Beach as fears over the novel coronavirus have diminished.
But it’s still illegal for the homeless to panhandle anywhere near those businesses.
On May 17, the city made it “temporarily unlawful” for those experiencing homelessness to ask for money or services closer than 50 feet “from the entrance or service window of any essential retail and commercial business or restaurant or food service establishment.”
The panhandling ban was ordered — without a commission vote — by City Manager Jimmy Morales, who was granted special emergency powers in March when he invoked a COVID-19 state of emergency. The commission has consistently voted to extend the powers.
Following nearly three months of coronavirus closures, most businesses in Miami-Dade County that had been shuttered have been allowed to reopen. Retail, restaurants, barbershops and salons were allowed to reopen May 18 countywide, although major cities like Miami and Miami Beach did not reopen restaurants until May 27.
On Monday, tattoo parlors, massage studios and gyms were allowed to reopen. Movie theaters, concert halls, bowling alleys and indoor arcades in Miami Beach may reopen if approved by the city.
Doubles tennis also began countywide on Tuesday.
“So long as we are in a state of emergency, the panhandling ban remains in effect,” Miami Beach Mayor Dan Gelber said in a statement. “It should remain in effect so long as we remain in a state of emergency.”
The ban has drawn scorn from the Greater Miami chapter of the Florida ACLU.
“No one gets arrested for approaching another person to ask for directions or to just chat about the weather. Even if you’re not wearing a mask,” the chapter wrote in a statement. “But if you ask someone for money to buy a meal, or hold a sign asking for bus fare, you’ve now committed a crime. Even if you’re wearing a mask.”
Two city commissioners, Ricky Arriola and Steven Meiner, said Tuesday they would support removing the restriction. The city’s state of emergency, which the commission has extended on a week-to-week basis, expires Friday. The commission is scheduled to meet Friday and will vote whether to extend the emergency declaration.
“As we continue to move away from our pandemic emergency measures, I would be supportive of removing this restriction,” Meiner said.
Arriola called the restriction “impossible to enforce” and “on thin ice constitutionally.”
“I think we need to re-look at it and reverse it before we get in trouble,” he said.
This story was originally published June 9, 2020 at 4:25 PM.
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