"Pottinger Rights" are a set of basic, constitutional, rights for people who experience homelessness in the City of Miami. These rights were put in place to limit the power of City police in arresting individuals experiencing homelessness for certain minor offenses which are "life sustaining activities" such as public urination. The rights also protect homeless people's property. The Pottinger rights, which have the full force of law, were imposed by the federal district court in Miami in 1998 as part of a settlement from a lawsuit brought by the ACLU against the City of Miami. The court has modified them somewhat this year (2014), but the core protections remain the same. To educate people experiencing homelessness of their rights, the ACLU and MHFA have developed a comprehensive flyer that explains Pottinger in detail which you can view here. We are also currently working on a flyer which will be distributed with a map of all available public restrooms in downtown Miami and their hours of operations.
To understand the full history of Pottinger Rights, click here.
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