The hot topic at Marathon’s Sept. 10 city council session wasn’t on the agenda. But a growing homeless encampment on 20th Street is nothing new in debate circles around the city.
Multiple public commenters from church groups around the Middle Keys, many of whom said they’ve provided aid with food and other supplies to 20th Street residents, addressed the council to request aid for the area, with some focusing on items like health care and housing while others spoke of financial support or additional facilities on the street.
“I’m not one of the people that are wanting to give someone a free ride,” said Marathon Church of God pastor Nick Vaughn. “(People) should work for what they get, and we should do everything we can to help them. … The churches are collectively trying to do something, but I would like to have some input from the city council.”
Cudjoe Key resident Lorenzo Chiango, who said he volunteers through his church to provide aid to residents, called the area “one of the most dangerous places in the state of Florida.” He praised three recent “major” arrests by the Monroe County Sheriff’s Office as effecting an “undeniably magnificent” change on the street, but said he still has significant safety concerns.
“I see guys and teenagers in their Mustangs pulling up there, walking up to a drug dealer’s tent and then leaving,” he said. “We’ve brought this to everyone’s attention at this point, and when a group of high school kids overdose and it’s not one of the statistical numbers that are ‘acceptable’ on 20th Street, it’s going to be a bigger thing.”
City Attorney Steve Williams outlined legal considerations for the area in light of a recent consequential U.S. Supreme Court case and Florida state legislation, saying repeatedly that the 20th Street encampment is not officially “supported,” “dedicated” or “recognized” by the city.
Florida House Bill 1365, signed in March by Florida Gov. Ron DeSantis and set to take effect Oct. 1, prohibits municipalities from allowing camping and sleeping on public property, along with establishing a litany of conditions for homeless shelter locations or designated camping areas established by municipalities for one-year periods.
Mere months after DeSantis’ signature, a landmark U.S. Supreme Court decision in June ruled that penalties in Grants Pass, Oregon for people sleeping on public property did not qualify as cruel and unusual punishment under the Eighth Amendment, reaffirming states’ rights to make their own decisions on camping restrictions.
Further muddying the waters for plans to move forward is the fact that the road and right-of-way in question don’t appear to be owned by Marathon, and instead fall under the jurisdiction of the Florida Department of Transportation and Monroe County, respectively.
“(HB 1365) created potential liabilities for municipalities that didn’t exist before that statute was passed,” Williams said. “We need to be partners in this and work together going forward not to create increased liability for us or the sheriff’s office, but one thing is crystal clear: If the city were to take action, it would increase our liability.
“If we do it, our liability is easily said to be untested at this point, because the statute just became effective this year, and no one is clear about how it should work,” he added. “We’re not sure how many parcels (for a shelter) we have in the entire city limits that would even comply with the governor’s order.”
“It’s not as simple as handing out money and food,” said councilman Kenny Matlock. “It’s a commitment, and there are a lot of unknowns. It’s not that we’re heartless up here, but we’re trying not to make a mistake other towns have made.”
In other news:
- As campaign season ramps up again, planning director Brian Shea reminded the room of rules for temporary signs in the city. Residential properties may have no more than four temporary signs not exceeding six square feet, while non-residential properties may have up to three signs of up to 12 square feet.
- Fire Chief James Muro introduced Dr. Antonio Gandia as Marathon Fire Rescue’s new medical director. Gandia has served as the medical director for other fire departments for more than 25 years, and currently serves as the medical director for Key West Fire Rescue and Monroe County Fire Rescue.
- Parking in the former tow-away zone in the right of way at the end of Sombrero Beach Road will officially carry a $500 fine, following the second unanimous approval of ordinance 2024-09. The change was made to address concerns from tow operators who were reluctant to shoulder the liability of moving expensive vehicles for a relatively minor payout under the previous tow zone.
- In a conversation spurred by Vice Mayor Lynn Landry, the council asked staff to explore systems to better track usage, maintenance and damages to city-owned vehicles.
- A proclamation brought forward by Mayor Robyn Still supported the Florida Keys Healthy Start Coalition in its efforts to raise awareness during National Diaper Awareness Week. For more on Diaper Awareness Week and FKHSC’s September diaper drive, see page 26 of this paper.
