Everybody’s Gotta Be Someplace
It’s hard to tell when this National Coalition for the Homeless (NCH) page was last updated. But it’s safe to assume that the overall situation has not improved, since whenever. The NCH page, entitled “The Criminalization of Homelessness in U.S. Cities,” says,
An unfortunate trend in cities around the country over the past 25 years has been to turn to the criminal justice system to respond to people living in public spaces. This trend includes measures that target homeless persons by making it illegal to perform life-sustaining activities in public. These measures prohibit activities such as sleeping/camping, eating, sitting, and begging in public spaces, usually including criminal penalties for violation of these laws.
Last week in Boulder, Colorado, a homeless man who was ticketed last April for sleeping in a parking garage, attempted to use an Eighth Amendment defense against the charge. That’s the one about cruel and unusual punishment. Once convicted, Michael Fitzgerald was supposed to either pay a $100 fine or do 12 hours of community service. Instead… well, let Heath Urie, staff writer for the Boulder Daily Camera, tell the story:
Fitzgerald appealed the case to the Boulder County District Court on the grounds that the city’s law against camping in public places essentially punished him for being homeless and having an involuntary need for warmth and shelter as he sleeps at night.
Yes, it looks like the rule he broke is not only cruel and unusual, but discriminatory. However, unfair as it is from the viewpoint of a person experiencing homelessness, so-called respectable society disagrees. Urie reports how Judge Lael Montgomery expressed a strangely familiar sentiment, saying,
The camping without consent ordinance applies to all persons who wish to camp in Boulder, regardless of whether they are homeless, shoestring travelers trying to avoid the cost of accommodations, or persons who merely enjoy the great outdoors.
Nobel Prize-winning author Anatole France said it decades ago:
The law, in its majestic equality, forbids the rich as well as the poor to beg in the streets, steal bread, or sleep under a bridge.
Attorney David Harrison, no doubt familiar with the classical allusion, echoed it in his argument about the city’s ordinance:
It’s certainly saying people with homes and people without homes can’t sleep under bridges… While certainly as a conceptual matter that’s true, as a practical matter (the law) targets the homeless population.
The journalist tell us that Fitzgerald is one of several local people experiencing homelessness who have challenged the tickets they’re received, on constitutional grounds. Boulder is like that. He also provides a helpful sidebar on the page, detailing the No Camping Ordinance, which has been in effect since 1980.
Recently, we talked about how in Austin, Texas, House the Homeless kept track of how many people were busted for sitting or lying down on public sidewalks in the downtown business area during 2009. Over the whole year, there were 708 convictions and 70 dismissals. The highest month was September, when 518 citations were issued. (The month-by-month count for the entire year adds up to way more than 778, so presumably, some legal processes were still going on when this survey was made.)
Anyhow, out of those mere 70 dismissals, only a paltry 52 were dismissed for mental health or medical disabilities. Statistically, what that means is, a lot of people were unfairly treated. Here’s why: In the health survey, 501 people were asked whether they needed to sit and rest now and then. The large majority answered yes. Even people who aren’t officially disabled need to sit down, occasionally. Think about it. Homes are filled with chairs. If people didn’t need them, they wouldn’t be there. People experiencing homelessness don’t have chairs. But they too need a place to sit.
(To be continued…)
Reactions?
Source: “A Dream Denied,” National Coalition for the Homeless
Source: “Boulder judge rejects homeless man’s appeal, upholds city’s anti-camping law,” Daily Camera, 04/08/11
Source: “Richard Troxell’s Health Survey Testimony,” House the Homeless, 07/20/10
Image by tobyotter (Toby Alter), used under its Creative Commons license.
Austin City Council Discriminates Against the Disabled
On Thursday, January 27, the Austin City Council is preparing to change the No Sit/No Lie Ordinance. This ordinance allows for fines up to $500 for people who (even momentarily) sit or lie down in public places.
On January 1, 2011, House the Homeless, Inc., a grassroots organization fighting for the civil rights of all persons, conducted a health survey. The survey showed that 48% of people experiencing homelessness in Austin suffer disabling conditions that are so severe they are unable to work. Nonetheless, the No Sit/No Lie ordinance makes no exceptions for this group of people and continues to fine and jail them for the act of momentarily sitting and resting.
The City of Austin, at the encouragement of House the Homeless, recognizing that it is presently in violation of the Americans with Disabilities Act (ADA), has set out to bring the ordinance in compliance with the federal law. To gain compliance, the City Council Health and Human Services Committee was preparing to present the full Council language that would exclude anyone with a disability from fines under the ordinance. Great! However, at the last minute, the committee has mistakenly inserted the work “physical” into the statement. Now, the language would basically read, “Anyone with a physical disability would be excluded from fines under the ordinance.” The effect of this one-word change is both dramatic and devastating.
It would mean that anyone with a mental health disability would be subject to fines and forced to enter the criminal justice system to defend themselves. Imagine the least capable among us, people with mental health disabilities, being steered into our court system and clogging it up just because they had a momentary respite. It is well documented in the journals of American Medical Association that people suffering with mental health disorders are routinely treated with very powerful drugs that often cause them to become woozy and dizzy. They often have sunlight and heat sensitivity that depletes them of their energy and causes them to need to temporarily sit and rest.
The promoters of this one-word change attempt to justify their targeting people with mental disabilities by saying that they would be protected under the language “physical disabilities” because they would be having a “physical” reaction to taking medication that causes them to need to temporarily sit down. Really? This sounds more like slippery lawyer talk and a thinly-disguised rationale created to persecute and prosecute people with mental health problems.
Hey — it’s not the Americans with “Physical” Disabilities Act. It’s the Americans with Disabilities Act, period. The basis of which is not physical problems or mental problems but rather medical problems.
In essence, the Austin City Council is also contending that it is absolutely, 100% impossible for a uniformed City of Austin police officer to identify someone who has a mental health concern. Really? Is it really so hard to read the label on a medication vial that says Haldol, Thorazine, Risperadol, or Zyprexa, and also see that someone needs to sit momentarily? Or to look at an individual presenting a letter from a local mental health facility and make a good judgment as to the legitimacy of the situation?
Furthermore, adding insult to injury, as proposed, the police officer will have no latitude whatsoever but to ticket this mentally ill person and send him or her on to the courts. What are the odds of that person showing up? And if that person stands before a judge (unrepresented or at taxpayer expense) showing that judge the same medical vial or document from MHMR, what then? The way the law will be written, the judge will also have no latitude and be forced to fine the individual hundreds of dollars that he or she will have no chance of paying.
What then? A warrant for their arrest for failure to pay the fine? Once arrested, will we then clog our jail system with people experiencing mental illness needing special medication treatment?
What then? Well, House the Homeless and others will have no choice but sue the city for repeated, flagrant violation of the Americans with Disabilities Act — all at taxpayer expense!
What’s the alternative? Well, we could simply use the original agreed-upon language that excludes all people with medical disabilities from fines and allow police officers to use their good sense and street smarts to determine who can sit and rest momentarily. And Austin can move to become the “world class” city that it purports to be simply by providing enough benches citywide so that anyone, such as moms toting kids and packages, can just sit for a moment and rest briefly before they move on.
Don’t give Austin a Black Eye. The whole world is watching… on Facebook, Twitter, YouTube, and the House the Homeless website with well over 1,000,000 followers.
Photo by Daniel Lobo (Daquella manera), used under its Creative Commons license.
Rubber Tramps — Houseless, Not Homeless

Historically Venice, California, has been the place where new societal mutations showed up early, and the place uniquely prepared and equipped to deal with them. Whether this is still true remains to be seen.
Last month, Peggy Lee Kennedy wrote in the Free Venice Beachhead of a federal civil rights lawsuit filed in November, in which the City of Los Angeles is charged with violating the Americans With Disabilities Act, as well as several Constitutional amendments. Kennedy says,
The plaintiffs in this civil rights lawsuit are part of the Venice community. Most are people who have lived in Venice for many years and used to be housed here. They get all their services here, they have been involved in the St. Joseph surveys, they are on housing lists, and they have given their personal information for getting in the ‘Streets to Homes’ program — if it ever happens.
They are vehicle dwellers, and many consider themselves fully entitled stakeholders in Venice. Some of them say things like, “I’m houseless, not homeless.” But many of the residents definitely consider these gypsies as undesirable riff-raff, who take up valuable parking space and cause unhealthful conditions for everybody.
Because of its attractive beach location and freewheeling culture, Venice has always contained a large number of people experiencing homelessness. For decades, a subset of that population has been a particular burr under the saddle of the housed residents. The irritants are the people who live in vehicles, mostly RVs, but also cars, vans, and campers. “Rubber Tramps of Venice” describes some of the colorful vehicles that were around in the early 80s, and a film that was made 10 years ago featuring the long-term Venice vehicle dwellers considered homeless by the housed residents.
In 2005, public outrage was inflamed by the actions of William Sadowski, who lived in his car in Venice. As described by two staff writers for the LA Times, Hector Becerra and Jennifer Oldham, Sadowski hijacked a patrol car belonging to a member of the airport police force. Trying to regain control of his vehicle, the officer was dragged and battered, and ended up dead. This did not enhance the reputation of the locals who lived in wheeled homes.
The Rose Avenue Neighborhood Watch added the phrase Vigilante Strike Force to its name, and residents took an angry and active part in tagging vehicles for towing. One resident claimed to have identified 250 RVs being lived in illegally. There was an uproar when one local organization accused another of distributing flyers all over Greater Los Angeles, supposedly inviting other rubber tramps to relocate to the streets of Venice. This turned out to be untrue, but it further eroded whatever little tolerance the homeowners and renters might have retained.
One resident got so upset she couldn’t even make logical sense, and wrote to a newsletter that A.) A lot of the vehicles people lived in were not even roadworthy, but were incapable of being driven away, and B.) If the police wanted to serve a warrant, vehicle dwellers could just escape by driving away. Various schemes for parking permits were the subject of many meetings and millions of words of debate, and indeed, many local residents defended the right of people to live in vehicles, noting that many such unfortunates are women, children, and veterans.
The Los Angeles police formed what Kennedy calls the Homeless Removal Task Force, especially to run the rubber tramps out of town. Apparently, they wear black SWAT outfits (a bold fashion statement at any beach) and dedicate themselves to making life miserable for RV owners in every way, from petty verbal harassment to towing.
But many of the vehicle dwellers are officially disabled, and thus exempt from the parking restrictions that were purposely created to banish homes on wheels. The police should know this, but they go ahead and do it anyway. Kennedy says that a jeering, cheering crowd has actually shown up in the past to applaud when some disabled person was arrested and his vehicle was towed away.
In another issue of the Free Venice Beachhead, Rune Girschfeld, self-described as a “mobile-homed Venice resident,” recounted her experience with a sweep, one of the aggressive enforcement tactics adopted by the police and practiced in the middle of the night on people they perceive as needing to be hassled, handcuffed, and cleaned from the streets like garbage. She said,
Sleeping citizens are ordered out of their vehicles. They are put off-balance with rapid-fire questions. They are lied to and told they must answer questions; that the police ‘know’ they are hiding something; that they can forcefully open doors if not opened voluntarily and that they can take away their children…
Girschfeld goes on to say,
Personally, I work full-time and still cannot afford to decriminalize myself. I do not understand where the idea came from that someone who is living in a vehicle is ‘taking advantage,’ as though they had chosen to live in third-world America…
America is full of people experiencing economic homelessness. We’re talking about working full-time, and still being unable to rent the cheapest housing. And this is just tenancy that they can’t afford. It’s not even anywhere near the crazy dream of owning a place. The more you think about it, the more obvious it becomes: When an American working a 40-hour week cannot afford basic housing, something is really broken in the entire system. Suggestion: Consider the Universal Living Wage, which is designed to end homelessness for over 1,000,000 minimum-wage workers, and prevent economic homelessness for all minimum-wage workers in America.
Reactions?
Source: “Lawsuit filed to protect civil rights of RV Residents,” FreeVeniceBeachhead, 12/10
Source: “LAX Police Officer Killed as Stolen Patrol Car Drags Him,” LA Times, 04/30/05
Source: “Rosendahl’s ‘Carrot and Stick’ means a knock on the door at 5 am,” Free Venice BeachHead, 10/10
Image by Colin Bowern, used under its Creative Commons license.

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