That's the famous agreement protecting the homeless in Miami entered over 20 years ago, named after the lead plaintiff Michael Pottinger. Judge Moreno held an evidentiary hearing and wrote this 40-page order
saying the agreement was no longer necessary.
Here is the conclusion:
Heroes for the Homeless
Although the Plaintiffs have opposed the termination of this agreement, in a very real sense, they are the victors. Their lawsuit, and the work of their excellent and capable counsel,under the guidance of the Americans Civil Liberties Union and the Florida Justice Institute,engendered a revolution in this community as to the treatment and care of persons experiencing homelessness. Twenty years ago, the undersigned could not have predicted the myriad of services made possible by the efforts of the Homeless Trust and Mr. Ronald L. Book. The Court could not have envisioned the dedication of people, like Dr. Pedro Joe Greer and Dr. Edward Suarez, who have taken medicine to the streets of Miami to help people and gain their trust to improve their care. The lifetime of work by Camillus CEO Hilda Fernandez is commendable as he has worked in a variety of roles to assist the homeless and better their lives in a truly compassionate way. The work of Constance Collins at the Lotus House has also contributed to aiding homeless women and children and helped them find solutions to homelessness. lt goes without saying that this community owes a debt of gratitude to Judge Steve Leifman, who has implemented sustainable programs to help the mentally ill, which will continue to improve their circumstances. Sim ply put, Judge Atkins would be proud of the results.
Accordingly, it is ADJUDGED that the Court terminates the Consent Decree and denies the motion to hold the City of Miami in contempt
The New Times covers it here
One of the nation's landmark homeless-protection laws is now gone.
Since May 2018, the City of Miami has been trying to invalidate a 1998 legal decision that prevented city cops from arresting homeless people for living their lives outside. The so-called Pottinger Agreement, named for homeless Miamian Michael Pottinger, prevented police from, say, arresting homeless people for sleeping outside or placing their items on the sidewalk.
Even with those protections in place, the American Civil Liberties Union of Florida said Miami cops were blatantly harassing the homeless — including spraying them with power washers and arresting a woman who was in dire need of medical care and likely died due to the detainment. The ACLU also argued the City of Miami was trying to terminate the agreement as a way to sweep homeless residents out of the rapidly gentrifying downtown area.
But U.S. District Judge Federico Moreno today terminated the Pottinger consent decree. The ACLU had filed a competing motion to hold the city in contempt of the Pottinger Agreement, but Moreno threw it out.