Miami approves ordinance that allows police to arrest individuals sleeping in public after verbal warning

The city of Miami commission passed an ordinance Thursday that will allow police officers to arrest individuals sleeping in public spaces after providing a verbal warning, a move that drew heated debate over the criminalization of homelessness.

The measure, which passed 3-2, takes effect in 10 days. Under the new law, police are required to give a verbal warning and provide individuals a "reasonable" amount of time to pack their belongings and vacate the area before taking enforcement action. The ordinance stipulates that police cannot make an arrest if no shelter beds are available at the time.

The city's decision aligns with a state law that took effect last year banning sleeping in public.

Proponents of the measure, including Police Chief Edwin Lopez, have expressed support for the law. During a previous commission meeting, Lopez noted that only two people have been arrested for sleeping on the street so far this year.

However, critics argue the ordinance punishes the unhoused rather than providing solutions. Several residents voiced their opposition during public comment sessions ahead of the vote.

"The ordinance does nothing to solve the actual unhoused person's situation, but actually exacerbates it," one speaker said. Another added that allowing individuals to live on the street is "not the standard of care they deserve."

Some community members expressed mixed feelings about the impact on the city's environment.

"I think it's progressively gotten worse," said Michael Nezeza, a downtown runner who frequently sees encampments under bridges and on benches near government buildings. "Cities like New York, L.A., they're known for having a lot of homelessness, so I think Miami is trying to steer away from that."

For those who have experienced homelessness, the threat of jail time is viewed as an ineffective strategy. Latoya, a resident who declined to provide her last name, said the threat of arrest would not have helped her when she was unhoused.

"I'm glad I wasn't arrested by someone that doesn't even know my situation," she said. "That's not fair. You don't even know me, but you're ready to put me in jail instead of helping my situation."