Posted on November 5, 2013 by Pat Hartman
Today, problems aren’t solved, they’re attacked. Like the War on Poverty. Remember that? I’m happy to report that it’s finally over. The poor people have all surrendered.
– Swami Beyondananda
Yes, there used to be a thing called the War on Poverty, declared by a president named Lyndon B. Johnson. Although opinions about it differ, still, the War on Poverty was preferable to what we have now — the War on the Poor.
It’s not even an undeclared war, it’s right out there in the open. In different communities, the authorities come at it in different ways, sometimes direct, but often tangential, which is more difficult for homeless advocates to deal with. House the Homeless blog has reported extensively on the No-Sit, No-Lie Ordinance in its home city of Austin, Texas, and on similar measures in other places.
In a recent article for TakePart.com, Solvej Schou expressed concern that peaceful begging, just asking for food or money with no aggression involved, is increasingly being criminalized by anti-panhandling and anti-solicitation laws now in effect in nearly 200 American cities.
Alley Valkyrie, an activist in Eugene, Oregon, received a criminal trespass citation for touching a planter box outside a restaurant and made national news by publicizing the incident as an example of how selective enforcement can make life miserable for people experiencing homelessness. Also, Eugene has something called an “exclusion law” whereby a judge can ban from the city center people accused, but not even yet convicted, of certain crimes. This prevents folks in need from accessing services, and basically from even existing in the designated area, even though they are not officially guilty of anything.
Things are still hot in Miami, Florida, where just last month a federal judge heard ACLU attorneys argue against modification of the Pottinger Settlement Agreement, a piece of legislation peculiar to Miami. Around 15 years ago, the ACLU filed a lawsuit against the city on behalf of all its people experienceing homelessness. The organization’s website says:
The landmark settlement — won after a decade of litigation involving two trials, two appeals, and nearly two years of mediation — protects homeless individuals from being harassed or arrested by law enforcement for the purpose of driving them from public areas.
Law Professor Stephen Schnably, who has been involved with this matter all along, adds:
Transforming downtown into a constitution-free zone for homeless people is a Faustian bargain with no payoff. Eviscerating the Pottinger protections — what the City is effectively seeking — would do nothing to make downtown more vibrant. All it would do is strip homeless people of the basic human and constitutional right not to be arrested or have their property destroyed just for being homeless.
Also last month, Memphis, TN, looked bad when a program called Room in the Inn, which provides one night of shelter for several individuals, was forbidden at a Methodist church in a neighborhood called Evergreen which had planned to participate. In order to have overnight guests, you see, a church must own at least five acres of property. In Spartanburg, SC, a church made itself look bad by refusing help from local atheists who wanted to volunteer at its soup kitchen. The atheists responded by deciding instead to distribute packets of health and grooming aids from a location across the street.
In Anaheim, CA, the city council went full speed ahead with the unanimous passing of an ordinance which “imposes a ban on camping in parks and other public spaces while allowing for the confiscation of property deemed abandoned.” In practical terms this means that the belongings of people experiencing homelessness can be seized and destroyed by the police while the owner is eating, showering, or using a restroom.
That battle has already been fought and won in Los Angeles, where the Ninth Circuit court decided that stealing such property violates the victims’ 4th and 14th Amendment rights, but Anaheim is going for it anyway. Even at the best of times, less than half of the city’s people experiencing homelessness can fit into the local shelter, but that does not stop Anaheim from attempting to make public sleeping a crime.
Learn at a glance
For an instantaneous education in the current state of homelessness, please consult the infographic.”Gimme Shelter: Homeless in America,” curated by Roslyn Willson. As would reasonably be expected in this genre, the facts are presented in visually elegant terms. The presentation format is especially journalist-friendly, with everything repeated in plain text, making it easy for a reporter or blogger to quote something. Well played, Ms. Willson! The same technique is shared by another infographic, “The War Against the Homeless,” so please check out both of them and see what you’ve been missing.
Source: “The Crime of Poverty: Some Homeless People Face Arrest for Asking for Help,” TakePart.com, 10/09/13
Source: “Activists: trespass tickets aimed at homeless,” KVAL.com, 03/10/12
Source: “ACLU of Florida Defends Historic Agreement Protecting Miami’s Homeless from Police Harassment in Federal Court,” ACLUFL.org, 10/23/13
Source: “City code stops certain churches from housing the homeless,” WMCTV.com, 10/25/13
Source: “Christianity makes monsters of people, part two: atheists banned from helping the homeless,” Freethinker.co.uk, 10/27/13
Source: “ACLU: Anaheim’s Anti-Homeless Crackdown Legally “Disingenuous’,” OCWeekly.com, 10/28/13
Image by Occupy.