Throughout the globe, petty offenses, such as loitering laws, are used to exert social control. They criminalize poverty and marginalization and police gender norms. In the United States and locally in Miami, the use of petty offenses to criminalize poverty is also a critical issue where people experienceing homelessness regularly face the threat of criminal sanctions for fulfilling basic needs.
On September 20-21, 2019, the University of Miami (UM) School of Law's Human Rights Clinic hosted a symposium on “Petty Offenses: Challenging the Criminalization of Poverty, Marginalization, and Gender Non-Conformity, in collaboration with the UM Race and Social Justice Law Review, UM Law Review, UM School of Communication, National Law Center on Homeless & Poverty, and the Open Society Foundations’ Human Rights Initiative.
The symposium explored the use of litigation; human rights advocacy at international, regional, national, and local levels; and creative campaigning. It drew on work from Ghana, Guinea, Guyana, Hungary, India, Israel, Jamaica, Kenya, Madagascar, Malawi, Nigeria, Sierra Leone, Trinidad and Tobago, Uganda, and the United States. A special symposium issue of the University of Miami Law Review further captured lessons and reflections, as well as includes a synopsis of the event. A blog on the symposium was also published as part of the Human Rights at Home Blog series. The symposium further led to development of the PoorNotGuilty website, providing resources for a global movement to decriminalize poverty and petty offenses. Additionally, interviews from various speakers at the resulted in development of a video on “Why It’s Time to Repeal Petty Offense Laws.”
Please find a summary report from the symposium, and please also find translations into French and Portuguese.
View the agenda. To view individual video sessions, please click on the links below. 2:00 p.m. - WATCH: Welcome Remarks 2:40 p.m. - Video: How One Man Defeated the Legacy of an Empire 2:45 p.m. - Opening Session 3:15 p.m. - WATCH: Policing Public Space in Miami 3:30 p.m. - WATCH: Group Work (breakouts) Voices of Homeless People in Litigation & Advocacy Litigation challenging the criminalization of homelessness never proceeds in a vacuum. It may influence or be shaped by public policy responses to homelessness. What approaches to lawyering help ensure that those experiencing homelessness (living on the streets, in shelters, on the edge of eviction, or otherwise unstably housed) are empowered as clients, and also best embed the litigation in broader social movements for change? Facilitators: “Clean-Ups” of Homeless Encampments Although arrests and informal exercises of police power remain prominent means of criminalizing homelessness, clean-ups of encampments or areas where people experiencing homelessness congregate are on the rise. In many cases they involve little or no advance notice, and people’s belongings are confiscated. Even with strict regulation of clean-ups, though, the experience of being forced to move temporarily on a regular basis can be very disruptive to those living on the streets. Is one emerging response to the shift to clean-ups rather than arrest – strict regulation of clean-ups as embodied in the Denver and LA consent decrees and the City of Miami regulations – adequate? If not, what should the response be? Facilitators: Defining the Issue: Homelessness as Visible Poverty? For much of the public, street homelessness is the visible face of homelessness (though the most vulnerable of those living on the street, including women and youth, struggle to remain invisible to protect their safety). Would political and legal responses to homelessness be better if we recast homelessness as the visible face of poverty? Advocates and some policymakers well understand the deep connection between homelessness, on the one hand, and the lack of affordable housing and living-wage jobs, on the other. The gap between point-in-time counts of the homeless population and much larger estimates of those who experience homelessness in a given year shows that homelessness is the tip of the iceberg – structural poverty that condemns many people to crushing debt, precarious housing, and uncertain health care, and pressures impoverished women to stay in abusive relationships for want of practical alternatives. Facilitators: Constructive Engagement with Residents and Businesses on Homelessness Political pressure from local residents and businesses can easily have the effect of promoting criminalization of homelessness, regardless of what they may intend. Condo associations and business groups not infrequently urge their members to press elected representatives to “do something” about the problem -- often defining the problem as defilement of public space and livability, and often drawing on views of the homeless population as overwhelmingly suffering from mental illness or substance abuse. Politicians may then view resort to “clean-ups” and sweeps of encampments as the quickest way to respond to constituent demands. In what ways might advocates for constructive policy approaches more effectively engage residents and businesses and create allies for better approaches to affordable housing and adequate wages? Does litigation challenging homelessness have a role to play in this engagement? Facilitators: 4:20 p.m. - Coffee/Tea Networking Break 4:25 p.m. - WATCH: Plenary Discussion Facilitator: 5:20 p.m. - WATCH: Poverty Offenses Moderator: Lisa Foster, Co-Director, Fines & Fees Justice Center Speakers: 6:30 p.m. - Welcome Reception with Photography Exhibit Facilitator: David Danzig, Senior Communications Officer, Open Society Foundations (OSF) Their Stories: How Marginalized Communities in Africa and India Are Fighting Back Against Arbitrary Arrest and Detention 9:15 a.m. - WATCH: Reflections 9:30 a.m. - WATCH: Litigation to Address Petty Offenses Moderator: Donna Coker, Professor of Law, University of Miami School of Law Speakers: 11:00 a.m. - Coffee/Tea Networking Break 11:15 a.m. - WATCH: Human Rights Advocacy to Address Petty Offenses Moderator: Tamar Ezer, Associate Director and Lecturer in Law, Human Rights Clinic, University of Miami School of Law Speakers: 12:35 p.m. - Lunch 1:35 p.m. - WATCH: Creative Campaigning to Address Petty Offenses Moderator: Lien Tran, Assistant Professor, University of Miami School of Communication Speakers: 2:25 p.m. - WATCH: A Conversation on Gender and Petty Offenses Moderator: Andrea Ritchie, Researcher in Residence, Social Justice Institute, Barnard Center for Research on Women Speakers: 3:45 p.m. - Coffee/Tea Networking Break 4:00 p.m. - WATCH: Closing Panel Moderator: Caroline Bettinger-López, Professor of Clinical Legal Education and Director, Human Rights Clinic, University of Miami School of Law Speakers: 4:30 p.m. - WATCH: Wrap-Up 4:45 p.m. - Program ConcludesFriday, September 20, 2019
University of Miami School of Law, Alma Jennings Foundation Student Lounge, 1311 Miller Drive, Miami, FL 33146
Saturday, September 21, 2019
University of Miami School of Law, Alma Jennings Foundation Student Lounge, 1311 Miller Drive, Miami, FL 33146
View the full list of speakers.
9.0 Florida CLE credits APPROVED by The Florida Bar. Certifications include 9.0 credits in: If you watched the videos and would like CLE credits please contact events@law.miami.edu.
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