FL- Miami battles state over venue for lawsuit over causeway dwellers

Maybe I don't understand the issues here, Miami is fighting to have LOCAL judges hear the court case? This writer wonders IF, I say IF, Miami is really afraid that NON LOCAL judges may just address the real issues rather than the wishes of local politicians? Or something like that, not being from the area I may have that wrong...

9-16-2009 Florida:

The city of Miami and the state are slugging it out over where to hear a lawsuit affecting the sex offenders who live under the Julia Tuttle Causeway.

In the latest court battle over the future of the Julia Tuttle Causeway sex-offenders saga, Miami and state officials are at odds over where a civil trial should be held.

Miami wants it to be in Miami-Dade County; state officials are fighting for Tallahassee.

The lawsuit, heard Tuesday by the state's Third District Court of Appeal in West Miami-Dade, blames the state for placing dozens of sex offenders under the Julia Tuttle Causeway -- a strip of land where about 45 live in tents, rusted automobiles and cardboard shelters.

The state appealed a judge's order in August that the case should be heard in Miami-Dade County.

City officials want the case to be heard locally, where a jury would hold a vested interest in their own municipality.

A Miami ordinance requires sex offenders to live at least 2,500 feet from parks and schools. The county has a similar ordinance affecting areas near schools.

The city argues that actions by several state agencies -- such as transporting offenders to the bridge upon their release from prison -- cause a public nuisance. They say living under the bridge also violates the ordinance because it is too close to a tiny island park known as Picnic Island No. 4.

Miami City Commissioner Marc Sarnoff, who was elected after the ordinance's approval, said the situation is dangerous for outsiders and offenders. Poor living conditions also pose health and environmental risks, he said, citing the dumping of human waste into Biscayne Bay.

``Does the water get polluted in Tallahassee? No,'' he said. ``It affects our tourism industry. It's a uniquely Miami problem.''

And it continues. According to the state's sexual-predator database, 69 people still list the bridge as their permanent address, which appears on their state-issued licenses as ``Julia Tuttle Causeway Bridge.''

Two offenders registered the bridge as their permanent address as recently as Monday.

Also receiving attention is a lawsuit filed by the American Civil Liberties Union against the county that argues that the state's 1,000-foot rule supersedes the county's 2,500-foot ordinance. ..Source.. by JOSE PAGLIERY