For new year, resolve to commit random acts of kindness




















Well, here we are, dear Friends and Neighbors, on the eve of another new year. So much happened to us in 2012 — some good and some bad. But through it all, by the grace of God, we made it to the end of the "old" year.

When I was a young woman, I made a new year’s resolution every year. The new year brings with it that kind of fresh-start magic.

To many of us, the new year really does mean having a second chance; a fresh start; a new beginning, another opportunity to do something that matters, to touch someone’s life in a positive way, and to do random acts of kindness.





I thought about the random-acts-of-kindness thing when, on Christmas day while in Washington, where my granddaughter Afra was appearing in My Fair Lady at the -Arena Stage Theater, I stumbled upon the perfect opportunity. Afra and I, and her mother Mary Anne, were on our way to have Christmas dinner with their longtime friends who live in Maryland. (A Radio City Music Hall Rockette since 2004, Afra had suffered with tendonitis in her right knee and decided to take this season off to let it heal.)

We got to the Metro station and found it practically empty. We headed for a bench where a man and woman were sitting and Afra motioned for me to take a seat. I spoke to the two individuals and wished them a Merry Christmas. A few minutes later, the woman who had been sitting on the bench moved away. She looked a bit uncomfortable. A few seconds later, I understood why. The young man seemed to be mentally challenged and needed to talk to someone about something that happened earlier at the facility where he lived.

Apparently there had been an argument with a caregiver at the facility, and he got upset and yelled at her. When I asked what was the matter, he started crying, "I yelled at her ... I didn’t mean to do it ... I was in a hurry to get to the station."

I touched his shoulder and tried to comfort him. "I’m sure she is not angry with you. She understood you were eager to get the train to spend Christmas with your mother." He stopped crying and told me his name was Gabriel. He asked my name. I told him and introduced him to my granddaughter and her mother, who were looking in disbelief at the two of us. Their eyes seemed to say, "Doesn’t Grandma know she is in a strange city and this man is a stranger who could be very dangerous?"

I did know. But somehow, this didn’t seem like a dangerous situation. Something in my heart said this was a chance to do a random act of kindness. I followed my heart. By the time our train came, Gabriel was smiling.

"I like you," he said. "You are a nice lady."

I reached out and offered a hug. He responded and soon my granddaughter and her mother were hugging him too. It was a wonderful feeling. Gabriel repeated our names over and over, pointing to each of us, so as not to forget them.

In a few minutes, we were at our stop. We said goodbye to our new friend and got off the train. We waved at him as the train pulled away. We didn’t say much about the incident, just smiled knowingly at each other. We knew we had just reached out to another soul who needed to be comforted and by doing so, we had spread a little Christmas cheer.

So, as I write this last column of 2012, I don’t have a list of new year resolutions. What I do have is a determination to live one day at a time, and try to live my life by reaching out to more Gabriels and offering comfort and spreading cheer and good will wherever I can. It may not be in the form of a hug. It just might be a warm smile, a "How do you do?", or "You look nice today". I learned from the Metro Station incident that it doesn’t take much to make somebody’s day. Just be kind. Make it a part of your everyday routine. No resolution is needed. Just do it.

And have a wonderful and healthy New Year!

Arts in the Gardens

Arts at St. Johns will kick off the New Year with the SALA Arts Social at 6:30 p.m. on Jan. 15 at the Miami Beach Botanical Gardens, 2000 Convention Center Dr. SALA is an acronym for Social Action, Local Arts, and is a multi-disciplinary, multi-sensory arts event featuring music, dance, the visual arts, refreshments, drinks, interactive DJ music, networking and a silent auction.

The artists include Tiffany “Hanan” Madera performing Mid-Eastern dance; DJ Madame Turk, who will mix new and old dance club music and Afro/Latin and Brazilian beats.

The visual arts will include a group show by the Artist Colony, a Miami artist collaborative. There will also be a selection of paintings, graphics and assemblages donated for the silent auction by Carol Hoffman-Guzman and her husband Robert Guzman. Carol is the founding director of Arts at St. Johns. She and her husband have been collecting local and emerging artists for over 40 years.

The event celebrates 12 years of SALA presenting performances and art at Arts at St. Johns. According to Hoffman-Guzman, SALA’s name was chosen because it is reflects Arts at St. Johns’ vision to present local artists and art forms and t use the arts to build community, nurture dialogue about social issues and seek to bring about change through the arts.

Tickets to the event are $75 each at the door or online at www.artsatstjohns.com or by calling Hoffman-Guzman at 305-613-2325.





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Facebook’s SnapChat Intimidator Was Great for SnapChat’s Business






This probably isn’t the outcome Facebook was hoping for. After Facebook created Poke, its very obvious SnapChat intimidator, the rival app saw a big boost in numbers. 


RELATED: Facebook’s SnapChat-Style Sexting App Is Called Poke (Seriously)






The people over at Bloomberg Businessweek looked at the hard numbers and concluded (with charts!) that SnapChat saw a huge uptick in attention after Facebook created Poke. What we initially thought was a clone war was not meant to be. Facebook helped SnapChat rocket to the top of the app charts. SnapChat, to its credit, was ready for the challenge as soon as the gauntlet was laid down by Facebook. SnapChat’s CEO had an Apple-IBM inspired response to Poke’s existence: he told The Verge, “Welcome, Facebook. Seriously.”


RELATED: When SnapChat Videos Don’t Disappear


It was clear from the start that the big boys in blue were big fans of the independent creation: Mark Zuckerberg himself helped code the copycat. But just because the app was touched by the hand of Zuck doesn’t necessarily mean success is guaranteed. Poke’s greatest success so far is helping royally piss off Zuckerberg’s sister. Whether or not Poke, or SnapChat for that matter, is a long-term success remains to be seen. We need to watch the success theater play out before our eyes. 


RELATED: Facebook to Launch Its Own SnapChat as Social-Network Clone Wars Live on


Social Media News Headlines – Yahoo! News





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Buzzmakers: Kate Winslet's Wedding and Rider Strong's Engaged

What had ET readers buzzing this week?

1. Kate Winslet Ties the Knot!

Kate Winslet recently married her boyfriend Ned Rocknroll in a small, secret ceremony in New York.

A rep for the 37-year-old Oscar winner tells ET, "I can confirm that Kate Winslet married Ned Rock'nRoll in NY earlier this month in a private ceremony attended by her two children and a very few friends and family." The rep added that Kate and Ned got engaged over the summer.

British newspapers reported that Kate's Titanic co-star Leonardo DiCaprio gave away the bride in a ceremony so secret that not even the parents of the bride and groom were aware of it.

It is the third marriage for Kate, who split from film director Sam Mendes, the father of her son, in March 2011. She was also previously married for three years to Jim Threapleton, the father of her daughter, before splitting with him in 2001.

Ned, 34, is the nephew of British media/aerospace magnate Sir Richard Branson.

2. 'Boy Meets World' Star Rider Strong Engaged

Amid the holiday engagement rumors (Brandy, Janet Jackson...), Boy Meets World star Rider Strong confirms that he popped the question to his longtime love Alexandra Barreto -- but that's not the crazy part.

Strong, 33, told E! News that he asked Barreto to marry him with "a handmade ring he created himself!"

The actors met on set of the 2006 series Pepper Dennis, and the rest is history. "I asked on December 23, while her parents were visiting for the holidays. I took her for a walk under the redwoods on the property where I grew up in Northern California," Strong tells ETonline. "It was pouring rain, but it didn't look like it was going to stop anytime soon, so I just decided to go for it."

Meanwhile, TheInsider.com confirmed earlier this past November that Strong will not be joining the cast of Disney's Girl Meets World, a spin-off of his wildly popular teen show Boy Meets World. "Girl Meets World will be, and I think it should be, its own show. It will be about Cory and Topanga, their daughter, and a new set of characters. It's the next generation."

3. 'Glee' Creator is A New Dad!

Ryan Murphy had a very merry announcement this holiday season: he's a father!

According to E! News, Murphy and partner David Miller welcomed a son into their family recently, with the couple announcing their new addition on Christmas Eve to friends and family via email.

The announcement revealed the boy, named Logan Phineas Miller Murphy, was born December 24, 2012 9:47 a.m.

Earlier this year, Murphy opened up to Vogue about his desire to become a father. "I thought if I don't do this ... I'm 46 ... I will really, really regret it," he said, adding, "I want the kid to be bold."

4. Jessica Simpson Confirms She's Pregnant, Again!

After weeks of speculation, Jessica Simpson has confirmed that she is pregnant with her second child!

This morning she Tweeted, "Merry Christmas from my family to yours," along with a photo of daughter Maxwell sitting above a message written in the sand. It read: "Big Sis."

Simpson, who gave birth to Maxwell on May 1, has been spotted wearing lots of loose clothing in recent weeks as rumors swirled that she was pregnant again.

This will be the second child for Simpson and her fiance, Eric Johnson.

5. Lady Gaga Announces Documentary

The nearly 33 million Little Monsters who follow Lady Gaga on Twitter got a massive Christmas present this morning as the singer revealed she'll soon be coming to a theater near you!

"Merry Christmas little monsters," Gaga wrote. "Terry Richardson is making a #LadyGagaMOVIE documenting my life, the creation of ARTPOP + you!" "Thank you for being so patient waiting for my new album ARTPOP I hope this gets u excited for things to come. I love you with all my heart!" Gaga announced her fourth album on August 6, 2012 and featured several of the songs in contention for inclusion on her recent Born This Wall Ball. Although no release date is yet known, it's rumored to be due out in Spring 2013.

Gaga has previously collaborated with Richardson on countless magazine covers and 2011's Lady Gaga x Terry Richardson photobook.

Lady Gaga won't be the only major musician to be featured in a documentary next year. It was revealed on November 26 that HBO would be airing a Beyonce documentary on February 16, 2013.

The film promises extensive first-person footage -- some of it shot by Beyonce on her laptop -- in which she reflects on the realities of being a celebrity, the refuge she finds onstage and the joys of becoming a mother after giving birth to her daughter, Blue Ivy Carter, in January 2012. Watch a sneak peek below.

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He’s doughin’ for the gold!








He’s a twirling dervish — and wants a slice of history.

Prize-winning pizza man Bruno DiFabio hopes to set the world record for fastest pie making next month when he challenges the current mark of 28 seconds for five pizzas.

“I’ve done 25 seconds in practice,” says DiFabio, 43, a Yonkers native who honed his skills in the pizzerias of Manhattan and now owns restaurants nationwide.

“But it’s different when there’s an official watching you,” he says.

To set the record, he’ll have to stretch five 10-ounce dough balls into neat circles that fully cover 12-inch pizza screens.





PIE IN THE SKY:  Pizza master Bruno DiFabio practices his moves at Harry’s Italian Pizza Bar.

NY Post: J.C. Rice





PIE IN THE SKY: Pizza master Bruno DiFabio practices his moves at Harry’s Italian Pizza Bar.





“No metal showing and you can’t have any holes,” says DiFabio, who consistently rates among the five fastest at the World Pizza Championship and also won the top prize for best pizza at an international culinary competition in Paris in November.

He hopes to beat his “arch rival and nemesis” Brian Edler, an owner of four Domino’s franchises in Ohio who set the current record in 2004 and made history in 2010 by churning out 206 pizzas in an hour — the only speed mark that Guinness recognizes.

DiFabio’s edge is his “New York hand-slap,” a quick, back-and-forth flipping of dough, which gives him a read on its elasticity.

“Once I slap a few times, I go into the pulling part, then I’m down on the board,” he says. “I lay it down like a blanket on a bed.”

In addition to quick dough stretching, he limits his use of the sauce ladle to one dip and grabs all the cheese he needs in a single handful.

“It’s about cutting down on movements,” he says.

A judge will be on hand at Harry’s Italian Pizza Bar in Battery Park City and DiFabio hopes to have an official from Guinness there as well.

He prides himself on speed, which is more than just a parlor trick. It’s vital to keeping up with orders in a crowded restaurant, he says.

“You can’t believe how nerve-wracking it can be as tickets pile up on you,” DiFabio says. “It helps to have a lot of experience. In my lifetime, I’ve made close to a million pizzas.”

He began his career at age 12, working with his grandfather, Angelo, at his restaurant, Tony’s Italian Kitchen, on West 79th Street, then the biggest restaurant on the Upper West Side.

He currently has three pizza joints in Westchester but none in the city after his downtown venture, 900 Degrees, closed last year.

“I served myself a big piece of humble pie,” he says.

But he’s still among the upper crust in the trade, having mastered three styles: classic New York, Neapolitan and Romano — and will happily explain the nuisances of flour protein and butter fat in cheese.

“I’ve dedicated myself to the science,” he says.

Chef Bruno DiFabio’s tips for making five pizzas in 25 seconds:

* Get dough to room temperature — it’s easier to stretch.

* Use an 8-ounce ladle; dip it only once.

* Do only eight turns with the sauce.

* Grab all the cheese you’ll need — 16 ounces — in one handful.

brad.hamilton@nypost.com










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Week brings startup launches, social media advice for 2013




















Jared Kleinert, a South Florida entrepreneur, plans to soon launch Synergist, a platform that allow social entrepreneurs to meet potential co-founders online, collaborate and crowdfund their new projects. He also just launched AliveNDead, a blog about risk-taking, and he interns for a Silicon Valley startup.

And when he’s not doing all that, he’s going to class — he’s a junior at Spanish River High School in Boca Raton.

Lester Mapp is CEO and founder of the new Miami-based startup called designed by m. His team has just designed a sleek, ultra-thin aluminum iPhone bumper and launched the project on Kickstarter. After just a few days, Mapp is already more than a third of the way to his $20,000 fund-raising goal.





Read about both these entrepreneurs on The Starting Gate blog, where there’s also a post on the most pressing issues facing small businesses in the coming year — taxes, healthcare, lending and a skilled worker shortage, for starters.

And as you are ringing in the New Year, you may be resolving to beef up your business’ social media strategy. Susan Linning's guest post offers five top tips for boosting your social media effectiveness. Among them: Go beyond retweets and make your posts original, fun and personal (but not too personal.) Use visuals, too. Find this and other news, views and tools for entrepreneurs on the blog, which is at the bottom of MiamiHerald.com /business.

Follow me on Twitter @ndahlberg and Happy New Year to all.





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Former Miami Beach resident may be next Israeli ambassador to U.S.




















Ron Dermer, a top adviser to Israeli Prime Minister Benjamin Netanyahu and who has family ties to two former Miami Beach mayors, may soon become the next Israeli ambassador to the United States, according to reports in an Israeli newspaper.

The daily Makor Rishon reported late Friday that the current ambassador, Michael Oren, plans to step down from his post in the spring of 2013 and would be replaced by Dermer.

Dermer was nicknamed “Bibi’s Brain’’ in a 2011 Tablet profile that compared his relationship with Netanyahu to that of Karl Rove and former President George W. Bush.





Dermer, a Florida-born conservative, reportedly planned Republican Mitt Romney’s trip to Israel last summer during the U.S. presidential campaign.

He has been Netanyahu’s senior adviser since 2009.

The Prime Minister’s Bureau and the Prime Minister’s Office declined comment on the newspaper’s report, according to Israeli media.

Family members in Miami Beach contacted by The Miami Herald also declined to comment.

Dermer is the brother of former Miami Beach Mayor David Dermer, whose first campaign he managed, and the son of former mayor Jay Dermer.

His father was a mayor in the 1960’s and his older brother David was mayor from 2001-2007.

Just two weeks before Ron’s bar mitzvah, his father died of a heart attack. Growing up in Miami Beach, he attended a Jewish day school.

Ron Dermer and his younger sister Esther moved to Israel in the late ’90s after completing their studies. He earned a degree in finance and management from the Wharton School of the University of Pennsylvania and a degree in philosophy, politics and economics from Oxford University.

For three years, he wrote a column for the Jerusalem Post and, along with former Soviet dissident and Israeli politician Natan Sharansky, co-authored the book, “The Case for Democracy: The Power of Freedom to Overcome Tyranny and Terror.’’

He and his wife Rhonda have three children: Mayor, Zev and Ezra.

Dermer had to give up his U.S. citizenship in 2005 when he was appointed Minister for Economic Affairs to the Israeli Embassy.

In a 2011 interview with The Tablet, Dermer said he still thinks of himself as an American.

“When I think about Israel, I always ask myself, I call it the WWAD question: ‘What would America do?’”





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It’s Easy to Save Videos From Facebook Poke Permanently






Apps like Snapchat and Facebook Poke let users send short messages, photos or videos that automatically self-destruct after a few seconds. However, it’s actually very easy for a recipient to save some of those messages permanently — and without the sender knowing.


Both apps will alert the sender if the recipient takes a screengrab of whatever was sent, of course, but by connecting your phone to a PC or Mac, the messages can be secretly offloaded without the sender knowing — a possibility first reported by BuzzFeed. For an iPhone, all you’ll need is a third-party file manager like iExplorer.






[More from Mashable: Facebook in 2013: More Growing Pains Ahead]


For Poke, only videos can be permanently stored in this manner, and only videos that you haven’t already viewed. But it’s very easy. Once you’ve installed your file manager, connect your iPhone and you should see a list of your apps. Select the Poke folder, then navigate to Library>Caches>FBStore>315_14_>MediaCache. There you should see every Poke video that you haven’t yet watched. (See screencap below.)


[More from Mashable: NYC Releases App to Tell You When the Next Subway Is Coming]


From there, all you need to do is drag and drop the files to any other folder on your computer to copy and store them. After that, you can open the file in Poke, let it self-destruct, and the sender will be none the wiser.


Although permanent storage only works for videos in Poke, performing similar steps for Snapchat will let you save both videos and photos.


While it’s a bit surprising that it’s so easy to save messages that are ostensibly deleted permanently, it may be a stretch to characterize this file caching as a “vulnerability” of the apps, which are generally intended for casual use. Facebook‘s official statement on the matter appears to take this stance:



“Poke is a fun and easy way to communicate with your friends and is not designed to be a secure messaging system. While Pokes disappear after they are read, there are still ways that people can potentially save them. For example, you could take a screenshot of a photo, in which case the sender is notified. People could also take a photo of a photo you sent them, or a video of a video, with another camera. Because of this, people should think about what they are sending and share responsibly.”



What do you think of the potential for someone to save a Facebook Poke or Snapchat message? Let us know in the comments.


Top image courtesy of iStockphoto, JimmyAnderson


Facebook Poke: Startup Screen


Poke, the new iPhone app from Facebook, lets you send short messages, photos and videos to friends that automatically self destruct after a few seconds. If you have the Facebook app on your phone already, logging in is effortless.


Click here to view this gallery.


This story originally published on Mashable here.


Social Media News Headlines – Yahoo! News





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Nice to ‘snow’ ya, 2012








The last snowstorm of 2012 will blow through the city today, leaving a wet and messy 1 to 3 inches of white, forecasters said.

“It’s a quick-moving little storm” that moved up from Mississippi yesterday, said AccuWeather meteorologist Paul Walker.

The first soggy flakes are due at about 9 a.m., and the storm — at least the snow part of it — may be out of the city by 7 p.m.

Today’s temperature range is only 33 degrees to about 28 degrees, so rain will be mixed in with much of the snow.

“It’s going to be one of those wet snows,” Walker said. “It’s not going to be far from freezing at any time.”





FAST BLAST: A quick snowstorm will hit the New York area today, according to forecasts — but will be melted and gone before long.


FAST BLAST: A quick snowstorm will hit the New York area today, according to forecasts — but will be melted and gone before long.





“Some parts of the area will pick up 4 inches,” such as north of the city, where less rain is expected in the mix, he said.

On the other hand, eastern Long Island may get more rain than the rest of the area.

The storm, which brought freezing rain and snow to an area from Oklahoma to Missouri yesterday, may save its biggest snow punch for the areas north and northeast of the city. New England could get 6 to 12 inches of snow.

The storm will be well beyond the city by tomorrow, when high temperatures in the mid-30s will help with the melting, forecasters said.

“It’s not going to be one of those multi-day crippling snows by any means,” said meteorologist Dan Hofmann of the National Weather Service.

But you’ll feel the wind after the snow diminishes. Winds of about 5 mph this afternoon — which will make it feel like well below freezing — will rise to about 10 to 15 mph overnight and then reach a breezy 24 mph tomorrow.

And what’s next on the horizon?

“On New Year’s Day, maybe rain or snow. Another fast-moving little storm,” said Walker.

Temperatures should be in the upper 30s, which will probably be the highest we get this week.

But the good news is: No other storms are forecast in the days that follow.

And if you’re thinking of going to Times Square on New Year’s Eve, bundle up.

When celebrants welcomed 2012 in a year ago, the temperature was around 50 degrees. This time it will feel a lot more like winter, with low temperatures around 30 degrees.

asoltis@nypost










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Resources for South Florida small businesses




















•  Florida Small Business Development Centers. Counseling and training at centers in South Florida and around the state, www.floridasbdc.org.

•  SCORE Workshops, online training and free coaching at local branches, www.score.org, miamidade.score.org, browardscore.org, southbroward.score.org

• Florida Women’s Business Center. Provides training, mentoring and resources to women entrepreneurs, http://www.flwbc.org.





• The Commonwealth Institute. Helps women entrepreneurs, CEOs and corporate executives build businesses through peer mentoring programs and annually honors top women-led businesses in Florida, www.commonwealthinstitute.org.

The Hispanic Business Initiative Fund of Florida. Nonprofit, with a Miami office, provides free bilingual seminars, workshops and technical assistance to Hispanic entrepreneurs launching or expanding businesses in Florida. www.HBIFflorida.org.

•  Barry University, Barry Institute for Community and Economic Development. Counseling, workshops and training for Miami-Dade small businesses through the Entrepreneurial Institute, www.barry.edu/biced.

•  Broward College. Offers a 24-credit entrepreneurship certificate, www.broward.edu. For noncredit business courses, including training through its Entrepreneurial Institute, http://www.broward.edu/ce.

•  Florida International University, Pino Global Entrepreneurship Center. Workshops, webinars and more, entrepreneurship.fiu.edu.

•  Miami Dade College. Offers a 12-credit entrepreneurship certificate program, www.mdc.edu/business. For noncredit classes, www.mdc.edu/ce. The Meek Entrepreneurial Education Center offers many programs, www.mdc.edu/north/eec.

•  University of Miami, The Launch Pad. Workshops, networking, resources and coaching, www.thelaunchpad.org.

•  Southern Florida Minority Supplier Development Council. Connects large businesses with minority businesses across South Florida, www.sfmsdc.org.

•  Startup Florida. Programs and training, plus register your company in this Startup America initiative, www.startupfl.org.

•  Partners for Self-Employment. Offers training, technical assistance and loans in Miami-Dade and Broward. www.partnersforselfemployment.com

•  Miami Bayside Foundation. Provides loans of $10,000 to $50,000 to minority-owned businesses in the city of Miami. www.miamibaysidefoundation.org..

•  MetroBroward. Nonprofit offers financing, incubation and training for businesses in low- to moderate-income areas of Broward, www.metrobroward.org.

• ACCION USA. Provides microloans up to $50,000 and financial education, with South Florida offices and programs, www.accionusa.org.

ClearPoint Credit Counseling Solutions. Nonprofit offers one-on-one, over the phone or Internet credit counseling to entrepreneurs and consumers with poor credit. 305-463-6739, ext 1019 or www.clearpointccs.org .

•  Incubate Miami. Start-up businesses in technology can get mentorship, office space and now early-stage funding, www.incubatemiami.com.

• The Technology Business Incubator at the Research Park at Florida Atlantic University. Offers mentors, investor connections and business services, http://www.research-park.org

•  South Florida Urban Ministries’ ASSETS Business Development. Nonprofit offers small business development program including one-on-one business coaching and consulting in areas of start-up, marketing, finance and more, www.sflum.org.

• United Way Center for Financial Stability. Center offers a wide array of tools and resources to help families and individuals achieve financial independence. www.unitedwaymiami.org/WhatWeDo/CFS.

•  The Startup Forum. Organization’s mission is to foster the development of vibrant regional startup communities, www.startupforum.net.

•  StartupDigest. Begun in Silicon Valley as a place to find events for entrepreneurs, this has spread to other cities, including Miami, www.startupdigest.com

If your organization should be on this list, email ndahlberg@miamiherald.com





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Miami-Dade camping law may clash with Supreme Court ruling




















When Miami-Dade commissioners voted unanimously this month to ban overnight camping at “county facility property,” they opened the doors to debate about how police should apply the measure to homeless people.

The action was a clear shot at the Occupy Wall Streeters who flooded public spaces, including outside County Hall, in the summer of 2011.

In addition to making it illegal to camp on county property, the measure toughens permitting rules for public gatherings and permissible “free speech’’ zones. It also gives police the authority to arrest violators, including the homeless.





But a 25-year-old court ruling could present a conflict, some legal observers say. A 1988 U.S. Supreme Court decision in the Pottinger vs. The City of Miami case found that Michael Pottinger and about 6,000 other homeless people in Miami could not be harassed or punished for occupying public property because doing so would violate their fundamental right to travel, and to be free from cruel and unusual punishment.

The new ordinance specifically provides that if police direct a homeless person occupying a county facility to leave, the officer first must look for sleeping space for the homeless person at a county shelter. If there is none, or if the person refuses the option, he or she can be arrested for trespassing if they remain or return to the space.

An ACLU lawyer said the measure could again open the door for police to harass and arrest homeless people.

“We’re prepared to litigate should there be issues in the future,” said attorney Dan Palugyai, who sits on the board of the Greater Miami Chapter of the American Civil Liberties Union. “Our past experience tells us it’s likely, even probable.”

During the commission meeting, County Mayor Carlos Gimenez said the homeless — at least in Miami — were protected from arrest by the Pottinger case.

The new law defines impermissible camping as the “setting up of tents, shacks, or shelters for sleeping activities or making preparations to sleep [including the laying down of bedding for the purposes of sleeping], from the hours of sunset to sunrise.”

Miami First Amendment lawyer Tom Julin said he’s troubled by that wording.

“They’re not allowing the general public to do the same type things that they, or organizations they approve of, do in a park,” he said, referring to the ING Miami Marathon and some concerts at Bayfront Park, both of which allow people to spend the night, even if there is no formal permission granted.

Commissioner Lynda Bell, who sponsored the ordinance, said it was “not meant to harm anyone.’’ After some homeless advocates expressed concern, the language was added directing police to first find shelter for homeless people and to arrest only as a last resort.

“We obviously think it’s legally sufficient,’’ said Assistant County Attorney Danny Frastai.

Still not entirely clear: How the new law would apply to county parks like Matheson Hammock Park or Haulover Beach Park. At the final meeting before the full board of Miami-Dade County Commissioners when the ordinance was adopted, it was amended from not allowing camping on “county property,” to not allowing it on “county facility property.”

“We interpret facility to mean some type of structure, like a building,” said Frastai. “If it’s a park that has a structure, we’d have to look at it.”

That’s just sloppy language, noted Palugyai, the homeless advocate. “Hopefully, there will be opportunities to clean it up.” The Occupy Wall Street crowd gathered on the west lawn at County Hall in Miami from the summer of 2011 until February, when they were finally evicted. The county says it spent $17,000 cleaning up the mess left behind.

Though the group obtained a permit to camp out there, Miami-Dade Internal Services Director Lester Sola said they should have been directed to a different spot. He blamed the confusion on vague wording in the old code, which was what led to the revision. During the discussion, Commissioner Jean Monestime wanted to know why the county needed to legislate a camping ban.

“My apprehension here is we may be opening a can of worms here.”





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