COMMENT: "Anti-Homeless" Legislation: Unconstitutional Efforts to Punish the Homeless Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your® ID to access the full text of this article.
Order the full text of this article if you do not have a® ID.
US $22.00 (+ tax)

Copyright (c) 1990 University of Miami Law Review
University of Miami

COMMENT: "Anti-Homeless" Legislation: Unconstitutional Efforts to Punish the Homeless

November, 1990 - January, 1991

45 U. Miami L. Rev. 417




Do people have a right to life simply by reason of their humanity or citizenship? . . . [S]hall we permit people to freeze to death in the winter, to starve, to die from the effects of preventable disease, merely because they are poor, insane, or addicted to drugs? In the long run, the ways in which our society responds to that fundamental question will determine far more than the plight of the homeless. It will define our civilization. 1


December 30, 1987, was an unusually cold night in Miami; temperatures hovered around forty degrees Fahrenheit. The following evening was the annual King Orange Bowl Parade, a nationally televised New Year's Eve extravaganza through the streets of downtown Miami. Seventy-five persons slept in the streets around Camillus House, one of downtown Miami's privately funded homeless shelters. 2 The individuals lay huddled in blankets supplied by the shelter. Camillus House had closed it doors early that evening, as it often must, because it was filled to capacity. 3 At 2:30 A.M., several City of Miami police officers swept into the area and arrested forty-one homeless persons 4 for violating a City ordinance that prohibited sleeping in the streets. 5 The director of Camillus House decried the City's attempt to "clean up the streets" by eliminating the unsightly presence of homeless individuals prior to the parade. 6

Similar atrocities have been perpetrated with increasing frequency in cities across the country as police enforce legislation prohibiting ...
If you are interested in obtaining a® ID and Password, please contact us at 1-(800)-227-4908 or visit us at
Search Documents
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

LexisNexis Store
Research Now - Go to
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities