City’s Lawsuit Will Further Endanger Our Community; Emergency Motion Filed today by ACLU Seeking Immediate Hearing

FOR IMMEDIATE RELEASE:
July 16, 2009

CONTACT:
Brandon Hensler, Director of Communications, (786) 363-2737 or media@aclufl.org

MIAMI – The American Civil Liberties Union of Florida filed a motion today in Miami-Dade Circuit Court seeking to intervene, on behalf of their clients Exile and Bloom, in the City of Miami’s suit against several State of Florida agencies. The City’s suit asks the court to declare the shantytown a public nuisance and to “relocate” its population.

The ACLU of Florida filed a separate lawsuit last week, Exile v. Miami-Dade County, prior to the City’s, seeking to strike down Miami-Dade County’s 2,500-foot residency restriction for sex offenders. More information at: www.aclufl.org/tuttle

The ACLU’s motion to intervene in the City’s suit asserts that the City’s efforts to relocate the offenders from the shantytown cannot be properly addressed without first resolving the underlying problem, namely local governments’ 2,500-foot residency restrictions that exceed the State’s exclusionary zones.

“The City’s lawsuit is a perfect illustration of the finger pointing by the City, County and State – it’s time to find a solution to the problem, not merely address its most visible symptom and ignore the cause,” said Maria Kayanan, ACLU of Florida Associate Legal Director.

Over 70 Miami-Dade residents now call the shantytown home – some even have “Julia Tuttle Causeway” on their driver’s license or State-issued identification card. The 2,500-foot local ordinances expand, by 5.25 times, the area encompassed by the State’s 1,000 foot exclusionary zone and impede the State’s ability to enforce its comprehensive system to register, monitor and oversee sex offenders, by forcing many people to live under the bridge, which increases their likelihood of re-offending or absconding.

“Simply put, the excessive local ordinances interfere with the State’s ability to regulate, monitor and track offenders and keep our community safe,” added Kayanan.

The ACLU has requested an emergency hearing on the matter. A PDF of the ACLU’s motion to intervene can be downloaded here:  http://www.aclufl.org/pdfs/TuttleIntervention.pdf

About the ACLU of Florida
The ACLU of Florida is freedom's watchdog, working daily in the courts, legislatures and communities to defend individual rights and personal freedoms guaranteed by the Constitution and the Bill of Rights. For additional information, visit our web site at: www.aclufl.org.

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2009 Press Releases