ACLU Challenges Miami Law On Behalf Of Homeless Sex Offenders Miami-Dade County has strict limits on where sex offenders can live — so strict, many wind up living in outdoor encampments. Now the ACLU is challenging the law, which it says is harsh and arbitrary.


ACLU Challenges Miami Law On Behalf Of Homeless Sex Offenders

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Each night in Miami, a couple of dozen men sleep in cars, tents and out in the open near train tracks in a warehouse district. They're sex offenders, and they're there because county law bans them from living within 2,500 feet of a school. And today, a lawsuit was filed on their behalf. NPR's Greg Allen reports the ACLU is challenging the residency law and the way it's being enforced.

GREG ALLEN, BYLINE: Miami-Dade County's residency restrictions - some of the tightest in the country - drew national attention a few years ago when an encampment of sex offenders sprang up on a causeway in Biscayne Bay. After a public outcry, local and state authorities evicted several dozen - mostly men - from that makeshift settlement. Now many spend their nights here instead.


ALLEN: It's near train tracks in a warehouse district north of Miami's airport. On a recent night, about two dozen men were there - some in cars, some sitting in folding chairs and some stretched out on blankets on the loading dock of a nearby warehouse. One of the men was a 26-year-old who declined to give his name. He's listed in Florida's registry of sex offenders and concerned he could become a target. He's been living outside here for more than a year, since he was released from prison and had a conversation with his probation officer.

UNIDENTIFIED MAN: They asked me, do I have a place to stay? I sat there and explained it to them. This family member, this family member, this family member - I can't stay with them because this family member stay this amount of feet from a school, and this family member stay at - is a daycare or something, or this family member's got minors staying in the house.

ALLEN: Under Miami-Dade County's law, anyone convicted of a sex offense involving a child is banned from living within 2,500 feet of a school. That excludes almost every neighborhood in the county. Florida's Department of Corrections says, its probation officers don't direct sex offenders to the railroad tracks or any other location. The department says, it's the offender's responsibility to locate a residence. Probation officers then make sure it complies with the law.

Brandon Buskey of the ACLU believes the law is too harsh and that it's applied in an arbitrary manner. As an example, he points to a mobile home park where many of Miami's sex offenders were living. Police evicted them after it was determined it was too close to a youth shelter. Later, police decided the shelter didn't qualify as a school, and they allowed many to return. Buskey says, it's left many uncertain where they can stay.

BRANDON BUSKEY: It really leaves people with no other option but to go underground and live in places like these railroad tracks.

ALLEN: Buskey says, the sex offender encampments raise issues of safety and sanitation. And forcing sex offenders into homelessness, he says, increases the chances they'll end up back in prison.

BUSKEY: That makes it harder to find a job. That makes it harder to do a number of things that you need to do to make your life secure and to reenter successfully. And that only increases the odds that you are going to commit some other crime - not another sexual offense, but another crime in service of trying to simply survive.

ALLEN: The ACLU filed suit in federal court, seeking to have Miami-Dade County's law overturned. It's, in many ways, a continuation of a legal battle last joined five years ago. At that time, a state judge upheld the restrictions. Ron Book is a prominent lobbyist who was involved in crafting Miami-Dade's sex offender law. He's confident it will also stand up to scrutiny of the federal courts.

RON BOOK: Lawmakers have the right to protect the health, safety and welfare under the Constitution of law-abiding citizens. In this case, the law-abiding citizens' health, safety and welfare is paramount - not those that have been convicted of committing sexually deviant crimes.

ALLEN: Book, who's also chairman of Miami-Dade's Homeless Trust, concedes a semi-permanent colony of homeless sex offenders is not ideal. But it's a problem, he maintains, that was created not by the law, but by the sex offenders' behavior. And up to now, the courts and Miami-Dade lawmakers have agreed. Greg Allen, NPR News, Miami.

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