Issue link: https://newsleader.uberflip.com/i/281176
However, in January, the ACLU and the City of Miami renegotiated the protocol. The Miami Herald reported on Jan. 9 that the new set- tlement "would water down homeless rights." In early February, Federal Judge Federico Moreno approved the changes. The case is named after Michael Pottinger, who, with two other homeless men, sued the City of Miami after police arrested them for camping in a park. The resulting protocol was not established until 1998. "You can't criminalize homelessness," said City Attorney Bob Fournier Monday night. "Only if there is an available shelter and a homeless person refuses it, then the police can arrest for a life-sustaining conduct mis- demeanor. For example, public nudity in bathing or defecating, fires in parks, littering, living in vehicles." Fournier told the commissioners, "Normally, this would be an administrative matter and it would not be necessary for the City Commission to involve themselves. But a pol- icy issue has come up because of the belief there are plans for something inconsistent." THE ROUST RESTRAINED The "something inconsistent" was plans by the city police to clean out the tent city growing in the bamboo grove near Guillory's sanctu- ary and next to the Oakland Park Cemetery. In early March, police officers handed out notices that they would be moving people out of the area on March 18 and that 30 days of free shelter was available at the Salvation Army. The officers had with them representatives from Resurrection House, Veterans Affairs, Jewish Family and Children's Service, Goodwill Manasota and The Salvation Army. In effect, this was a "homeless outreach team" of law enforcement and social services peo- ple. Through the offer of shelter, the Pottinger Protocol was followed. On March 12, Guillory repeated to the police "she really did want the individuals on the property removed by the Sarasota Police Department," according to city police records. Meanwhile, a daily newspaper article outlined city police plans to clear the tent city near the cemetery. The article said the activity was inconsistent with the plans laid out by Robert Police Chief Bernadette DiPino. Photo by Norman Schimmel Sarasota News Leader March 21, 2014 Page 33