Panhandling Within 50 Feet Of Stores Now A Crime In Miami Beach
MIAMI BEACH (CBSMiami/AP) -- Panhandling outside Miami Beach businesses is now considered "temporarily unlawful" under guidelines for the Phase 1 Reopening Order.
The guidelines, signed Saturday by City Manager Jimmy Morales, said panhandling on public property will be unlawful within 50 feet of entrances or service windows of essential businesses, commercial businesses or restaurants, the Miami Herald reported.
The city's legal staff said that in the absence of a pandemic, the ban would likely be struck down on free-speech grounds.
"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.
City Attorney Raul Aguila said in a statement the restriction "has been narrowly tailored to protect the public health safety and welfare during this time."
Police may use discretion in enforcing the order, which can technically lead to arrest and criminal prosecution, officials said.
Phase 1 began in Miami-Dade and Broward counties on Monday for restaurants and other non-essential businesses. Miami Beach is waiting until Wednesday to reopen retail stores, grooming services and museums.
Restaurants will follow on May 27.
(© Copyright 2020 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)
