Homeless is Another Word for Nothing Left to Lose
In Houston, Texas, a pair of documentarians roamed the streets to connect with people experiencing homelessness.
They had one specific purpose in mind: to learn what possessions people hold onto when everything else has to be jettisoned. The writer is John Nova Lomax, the photographer is Daniel Kramer, and their first discovery was old news:
It practically goes without saying, but the homeless are everywhere downtown — they throng San Jacinto Street pretty much from southern Midtown all the way to Buffalo Bayou and beyond, they are all around the vicinity of the downtown library, and many of them line the bayou’s banks at Allen’s Landing, and many others make their homes near the courthouse complex.
It comes as no surprise that photos are the most cherished of portable items, because they are certainly among the most portable of cherished items. One man kept a photo of his daughter in her official high school graduation robe, and he’s proud to relate that she went on to college. Another kept an Army beret to memorialize his veteran father. One depended on his laptop computer.
A very practical fellow named his bedroll as his favorite possession, and his second was a small pocketknife. He told the documentary team, “I ain’t had to cut nobody yet or nothin’ like that…” At the other end of the spectrum, some street people find comfort in a rosary or a New Testament. One person’s treasured item had been a Bible, but it went missing. Another had owned a John 3:16 medal, but it was gone. (The verse is, “For God so loved the world that he gave his only Son, so that everyone who believes in him may not perish but may have eternal life.”)
One man said his prized possession was his own heart, because it held his love of Jesus. Of course, the interviewees talked about other matters too, such as how they ended up on the streets. When a trained electrician with 18 years experience can’t find work, something is seriously awry with society. By the way, if it’s ever been in your mind to give one small, quick, no-strings-attached present to a homeless person, Lomax has a suggestion. Apparently, a cheap transistor radio with headphones and a lanyard for suspending it around a person’s neck can be bought for about $6. It’s a small thing, but the kind of gift that really does keep on giving.
Small things are really all you can have if you’re homeless. What does a person even do with a jacket on a warm day? Wear it or carry it. Because you’re going to need it at night. But what about high summer, when it’s hot as Hades all night long? You sure don’t want to keep a jacket with you all the time. What about when winter comes? A jacket will sure come in handy then. But what the hell are you supposed to do with it in the meantime?
Maybe you’re lucky enough to own a suitcase or duffel bag or even a nice big camping-style backpack. It’s a place to keep stuff, but then you need a place to keep it. Or lug it around everywhere — to the soup kitchen, to the free clinic. To the job counseling office, and if you’re lucky enough to get some kind of interview, then where do you leave your stuff? Carrying a duffel around says “homeless” to the world, it’s a much a sign of pariah status as the bells that lepers used to wear.
When a city has a No Camping ordinance — what city does not these days? — the law very likely forbids not only fire-making, cooking, setting up a tent, and sleeping, but “storing personal belongings.” That’s right, thou shalt not leave thy stuff anywhere.
At Change.org, SlumJack Homeless discusses his method of dealing with possessions, which is a bicycle with an attached trailer. It’s better than a shopping cart, but still precludes a lot of activities. The problem of material goods is one of the reasons why he prefers the streets to the shelters, because there is no provision for the safety of belongings.
Now, it’s easy to understand why a shelter doesn’t want all these various conglomerations of stuff on the premises. For one thing, bedbugs are a continuing and terrible problem. The more items that are allowed through the door, the more likelihood of infestation, which of course can only be bad for any shelter residents who aren’t yet carrying bedbugs around. SlumJack Homeless says,
This forces people to a ridiculous minimum of belongings… one of the factors that actually contributes to perpetuating a person’s homeless predicament. Also, you DON’T want other people at shelters to see what you DO own and have. There are many thieves that will then know what you’re carrying around with you, many of whom you WILL run across later… at night, alone, etc.
Let’s just short-circuit this problem by bringing into reality the Universal Living Wage, which can end homelessness for over 1,000,000 minimum-wage workers, and prevent economic homelessness for all 10.1 million minimum wage workers. Then people can keep their stuff in their own place, and close and lock the door. Sounds like a plan!
Reactions?
Source: “Prized Possessions — Homeless in Houston share their most important objects,” Houston Press, 01/20/11
Source: “Why I Choose Streets Over Shelter,” Change.org, 06/03/09
Image by Richard Masoner, used under its Creative Commons license.
Why the Protected Homeless Class Resolution is Needed
Some societal malcontents will talk all day about what is wrong, a useful skill which has its place. But if someone asks how to fix the mess, they fall strangely silent. Not so with Richard R. Troxell. The one thing a person would never need to ask him is, “Yeah, but what are we supposed to do about it?” The complete plan for fixing this mess is already there between the covers of Looking Up at the Bottom Line. Troxell, the founder of House the Homeless, knows what to do about it, and lays it out in transparent, step-by-step simplicity.
One of the most important documents is the Protected Homeless Class Resolution (PHCR). Because many states and cities are passing and enforcing laws targeting poor and homeless people, House The Homeless feels the need for the adoption of this resolution by City, State and the United States governments. We have talked before about various aspects of the PHCR and the reasons for its creation — the shortage of affordable housing, the insufficient minimum wage, and the huge number of Americans who are involuntarily without permanent addresses. We have also talked about how the PHCR contains the foundations of Richard’s arguments for the urgency of adopting the Universal Living Wage, the solution that will help all Americans either directly or indirectly.
The United States has signed on to the Universal Declaration of Human Rights. We as a nation have agreed that all people are entitled to a minimum standard of living and dignity. This minimum standard’s components include something to eat, something to wear, someplace to live, and some care when sick. It doesn’t say the country has to give everybody these things, because the political systems of some countries are not built that way. But signing the Declaration is supposed to mean that the specific country agrees to recognize, serve, and protect the efforts of its citizens to obtain these things, under its political system, because it agrees with the concept that people should have them.
And then there’s another United Nations Document the U.S. signed, the Habitat Agenda, which has to do with various human rights including equality for women and the poor, and protection from illegal forced evictions, and not penalizing people experiencing homelessness because of their status.
Sometimes you wouldn’t know it from the way we act. Not long ago, Willy Staley, a Rockefeller Foundation Urban Leaders Fellow, and expert on federal urban policy, reported on the harassment situation in one of America’s most beautiful cities. There used to be a popular song that included the line, “If you’re going to San Francisco, be sure to wear some flowers in your hair.” The reason being, because “you’re gonna meet some gentle people there.” No longer. Staley’s piece is titled “If You’re Going to San Francisco, Be Sure to Never Sit on the Sidewalk.”
Staley reported on how the city’s no sit/no lie ordinance came into being. It seems that the Mayor, Gavin Newsom, took a walk on Haight Street and saw a gutter punk smoking crack. That incident was the impetus behind the wave of public support for an oppressive law. Because a politician happened to witness an offensive bit of bad behavior, all of San Francisco’s other various assorted subgroups of people experiencing homelessness paid the price. To make sitting a police matter was an example of civic overkill. Staley wrote,
Furthermore, SFPD doesn’t need a sit/lie ordinance to harass gutter punks on Haight Street; they’ll go ahead and do it anyway. They probably ought to. But a city-wide law that makes it illegal to sit or lie on the street anywhere in San Francisco strikes me as a real threat to any sort of city life other than that which makes the wheels of commerce turn smoother.
In April, an Associated Press story related how official efforts to sweep the homeless from the beaches and sidewalks of Honolulu only succeeded in making life more difficult and dangerous for the young. When an encampment of some 200 people, including 70 children, was broken up, advocates for the homeless voiced their distress. The article says,
Their concern is greatest for homeless children… going along with their families to areas that are increasingly further away from running water, electricity and transportation lines… The cleanup of a homeless encampment last month at Keaau Beach Park spurred many of the residents to move into shelters but led others to more secluded, undeveloped areas of the Waianae Coast farther away from the highway.
As we have often heard, children are the last resort of scoundrels. Any ridiculous restrictive law that the most retrogressive mind can think of, the ultimate argument they always resort to is, “Think of the children!” Now here we have a problem where “Think of the children!” is a legitimate and very real concern. But… these are only homeless children. So the civic leaders no longer cry, “Think of the children!” It’s just the lonely few advocates for the homeless who are thinking of the children this time.
And there is more to it than the difficulty of getting to stores and schools and free clinics, for these scattered people. Living together in a large encampment, no doubt some parents formed friendships that enabled shared child care and other benefits that come along with neighborliness and trust. When such a settlement is destroyed, even those tenuous bonds are torn, yet another loss for families that have lost everything already.
The Protected Homeless Class Resolution is meant to address the needs of people who have no alternative to living on the streets and who have no choice but to live, breathe, eat, sleep, sit, or stand in public places. One of the things it wants to protect them from is being persecuted and prosecuted as criminals for the crime of merely existing. If people experiencing homelessness are a vulnerable group that needs and deserves protection, children experiencing homelessness are many times more deserving.
Reactions?
Source: “If You’re Going to San Francisco, Be Sure to Never Sit on the Sidewalk,” AmericanCity.org, 03/09/10
Source: “Advocates say sweeps pushing Honolulu homeless to streets, remote areas,” Greenfield Reporter, 04/03/11
Image by Mcaretaker (Matthew Hunt), used under its Creative Commons license.
The Crime of Breathing While Homeless
In the United States over the past three decades, we have seen the invention of many new crimes (Driving While Hispanic, Voting While Black, Flying While Muslim, etc.) that are not officially on the books. But they are all too real for the people caught up in them. One of the new crimes is, apparently, Breathing While Homeless.
Check out this Executive Summary from the National Coalition for the Homeless (NCH). Its full title is “A Dream Denied: The Criminalization of Homelessness in U.S. Cities.” The numbers it utilized are a few years old, but if anyone imagines that things have improved since then, we have a nice bridge to sell them. (The bridge comes ready-equipped with a used tarpaulin, several sheets of prime cardboard, and… well, that’s all, actually.)
Depending on location, the statistics on people experiencing homelessness, and on available shelter space, may fluctuate. But the tendency to make homelessness a law enforcement problem continues to change for the worse. The authors of this report studied laws and practices in 224 cities and concluded,
This trend includes measures that target homeless persons by making it illegal to perform life-sustaining activities in public.
It mentions activities we have discussed on this blog, such as sitting, sleeping, camping, cooking, eating, or begging in public places. Of course, most cities figure out quickly that a two-pronged approach works best. Go after the people experiencing homelessness, AND go after the people who try to help, such as organizations that provide food. Here are some of the measures that have been taken by municipalities in the Orwellian name of “Quality of Life,” according to the NCH report:
* Legislation that makes it illegal to sleep, sit, or store personal belongings in public spaces in cities where people are forced to live in public spaces;
* Selective enforcement of more neutral laws, such as loitering or open container laws, against homeless persons;
* Sweeps of city areas where homeless persons are living to drive them out of the area, frequently resulting in the destruction of those persons’ personal property, including important personal documents and medication; and
* Laws that punish people for begging or panhandling to move poor or homeless persons out of a city or downtown area.
There are of course numerous civil rights issues. Laws against vagrancy and loitering have always been constitutionally shaky, especially when the exact same behavior is accepted if the miscreant has a home where the police can tell them to go. (At Venice Beach, California, there used to be a street guy with a great line. If some tourist or local resident offended him, he would yell like a scolding parent, “Go to your room!”)
When a homeless person’s belongings are searched, or seized and arbitrarily destroyed, that’s Fourth Amendment territory. Begging for spare change just might be protected under the First Amendment. Then you’ve got the Eight Amendment, the one concerning cruel and unusual punishment, which applies when a person is accused of the heinous crime of sleeping.
So, what is accomplished by anti-homeless laws? They move people away from the centers, usually located in the inner city, where services such as food and job counseling are available. They make getting to these places even more difficult for people who must depend on buses (if they are lucky) or their own power of walking, to get around. Restrictive ordinances award thousands of homeless people with criminal records, as if they needed any more strikes against them in their efforts to emerge from the bottom layer of society. And the price of incarceration — don’t get us started. Jail is two or three times as expensive as supportive housing.
And then, there’s the little matter of international law. Our nation has signed on to global human rights agreements, prescribing humane treatment of people experiencing homelessness, which is fine for other countries but which we ourselves apparently don’t feel compelled to honor.
The report also offers some rays of light in a section called “Constructive Alternatives to Criminalization,” which is full of good ideas that have been either tried or contemplated by various localities. It offers helpful recommendations for the benefit of city governments, business groups, and the legal system, in dealing with these issues. Answers are proposed for both the chronic homeless, and the working poor or “economic homeless,” those who are unable to afford basic housing even though they have jobs.
However, House the Homeless has one big idea that would pretty much cover everything, and take away the need for each city to figure it out for themselves. It’s called the Universal Living Wage, and it will end homelessness for over 1,000,000 minimum-wage workers, and prevent economic homelessness for all 10.1 million minimum wage workers. You can also find out all about it in Richard R. Troxell’s book, Looking Up at the Bottom Line.
Reactions?
Source: “A Dream Denied: The Criminalization of Homelessness in U.S. Cities,” NationalHomeless.org
Image by quinn.anya (Quinn Dombrowski), used under its Creative Commons license.
Lose – Lose – Lose – Lose: Tanya McDowell’s Homeless Plight
How important is it to end homelessness in America? Please see the information from House the Homeless on how the Universal Living Wage can save millions of Americans like Tanya McDowell and her young son.
John Nickerson reports on the situation in Norwalk, Connecticut, where McDowell faces a huge bill for reparations, and a 20-year jail term. The charges are grand larceny and conspiracy to commit first-degree larceny. The thing that was stolen, allegedly, was education for McDowell’s son, who was enrolled in the “wrong” elementary school for less than six months. They actually say that the attendance of A.J. Paches for that period of time amounted to more than $15,000 worth of educational services, which is astonishing. There are still colleges you can get into for less. The reporter tells us,
McDowell said she divides her time between an apartment on Priscilla Circle in Bridgeport, where she is not allowed to stay when the lease holder is away, the Norwalk Emergency Shelter and her minivan.
The address McDowell used to enroll her boy in Norwalk belonged to a friend in a public housing complex, who was subsequently evicted as punishment for her part in the alleged deception. (See our helpful article, “How to Become Homeless,” for more tips.) Emotions run high and hot on both sides of this controversy, and citizens have added many comments to the online coverage. If only people would become as excited about ending homelessness, as they are about a little boy going to school.
Part of the tragedy is that A.J. really loved going to school, and any parent knows how rare and precious that is. The Connecticut Parents Union has started a bottle-and-can drive to raise money to help McDowell pay the fine. The reporter talked to the group’s founder, Gwen Samuel, who said:
You would figure that a school district such as Norwalk would put the child first. Saying we had the child this long with no fixed address and you would think they would do anything to ensure that this baby is safe and stable. Instead they arrest the baby’s mother, knowing she has no fixed address. The system has failed this child because of what they did to his mother.
An even stronger reaction comes from Dr. Boyce Watkins, a Syracuse University professor who founded the Your Black World Coalition, and who sees not only homeless-bashing but racism in the Connecticut story. Dr. Watkins is still angry over a similar case in Ohio. Dr. Watkins characterizes McDowell’s crisis as sad and sickening, and says,
Simple logic implies that whatever resources were saved from him not being enrolled in his home district (whatever that might be) could be applied to the secondary district. So putting parents in jail for sending their kids to schools outside their district is simply a legalized way of fencing out those that the community deems to be undesirable… Beating up on a homeless woman who is doing all she can to get her child into school is a shameful microcosm of the kind of greed and selfishness our country has chosen to embrace. There was once a time when slaves were arrested for trying to learn how to read, and now poor mothers are being arrested for trying to send their children to the school of their choice.
Apparently, this is the first case of this kind in Connecticut that has actually been turned over to the police. (And let’s hope it’s the last.) The strange coincidence that McDowell and her son happen to be homeless, inspires some people to say “selective enforcement.” A homeless woman and child are easy victims.
But for the state to win is a Pyrrhic victory. It’s doubtful whether a woman with no address or job will pony up that $15,000. Say the going price for soda cans is 30 cents per pound. That seems to be about 37,000 pounds of redeemed metal. Or 300,000 cans at 5 cents each. Plus, how much will it cost the state to keep Ms. McDowell in jail for 20 years? Plus, a family is broken up. Plus, a kid who loved school will probably form a different opinion about that subject. Sounds like lose-lose-lose-lose, all the way around.
Reactions?
Source: “Homeless woman’s arrest for sending son to Norwalk school stirs debate,” Stamford Advocate, 04/21/11
Source: “Another Mom Jailed for Sending Child to Wrong School District,” DrBoyceWatkins.com, 04/19/11
Image by Nisha A, used under its Creative Commons license.
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.
The No Sit/No Lie Ordinance and the Americans with Disabilities Act
First tangent: Really, at this moment, the thing to pay attention to is the upcoming Tax Day Action. So, hop over to that page to find out what part you can play in making the Universal Living Wage a reality. Then come on back here, okay?
Second tangent: Did you ever accidentally run across some little tidbit of news or information that just makes your day? Sometimes it even does more than that — sometimes it lifts the heart and gives hope for the future. For instance, Nicole Pariser, having completed a combined honors degree in Global Studies and Anthropology at Wilfrid Laurier University, is now at York University, in Toronto. These words are from her Graduate Student Profile:
In broad terms, my research focuses on migration and mobility; who is allowed to move and who is not, and how these choices are justified, particularly by nation states to their citizenry… My research has primarily focused on human trafficking, however following experiences in Vancouver’s downtown eastside, as well as San Francisco, specifically relating to homelessness and the passage of ‘no-sit-no-lie’ policies, my research interests have expanded to include the ways in which migration and mobility come to be constrained not only across national borders, but within them as well… I believe… in the transformative power of engaged anthropology and activism to expose, contest and change that which is unjust.
Now back to our regularly scheduled post. We’ve talked about Austin’s No Sit/No Lie Ordinance before, but not in as much detail as the subject deserves. Here is the background. In 1989, Richard R. Troxell created House the Homeless (HtH) and began challenging the No Camping ordinance that criminalized the homeless for their economic circumstances by fining them $500 for sleeping outdoors. He is still fighting for change in the rules of that excellent Texas city.
Being especially appalled by the treatment of people experiencing homelessness who are also disabled, HtH strives to banish ignorance by collecting facts. As Richard testified to the Health & Human Services Committee of the City Council in July 2010, the HtH surveys found that nearly half of the homeless have medical (including psychological) conditions that make them need to sit down from time to time. Sometimes it’s the effect of their medication that makes them need to sit down, but they’re on medication because they have medical problems, so it amounts to the same thing. But there were no exceptions for this group of people, not even if they were on crutches or wearing a leg brace. Sitting around in public was good for a fine or a jail sentence.
HtH took the position that Austin was out of compliance with the Americans with Disabilities Act (ADA), one of the federal laws that states really are supposed to observe. Also, the ADA is not the Americans with Physical Disabilities Act.
HtH garnered support from other organizations such as Mobile Loaves and Fishes; St. David’s Episcopal Church; Legal Aid for the Homeless; Advocacy, Inc.; and the National Coalition for the Homeless. They were asking for 20 exceptions to the harsh law, but the city would not consider any of them. Among those expected to stay on their feet at all times were people newly released from hospital treatment; people officially recognized as unable to work by the fact that they receive disability checks; patients waiting in line at health clinics; and disabled veterans. Particularly, the city seemed to target people with mental disabilities, who can be persecuted and prosecuted without very much complaint from the voting public. As Richard says,
…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.
A mentally ill, disabled person experiencing homelessness is particularly vulnerable to being punished for her or his condition. How does a person like this go to court and prove that they were, on a certain day, at a certain time, suffering from pain, weakness, nausea, faintness or dizziness? But the city insisted that the accused must “create an affirmative defense.” Richard met with various authorities, including the chief of police, but reports, “The Chief said that he simply did not want disabled homeless people sitting and lying down all over the city.”
So there you have it. You’d think the city was being invaded by commies or rabid biker gangs or Black Panthers or terroristic Islamists or interplanetary aliens. But no, it’s worse. It’s a bunch of people who are in the midst of being pretty badly beat up by life. And they have the gall to sit on the ground, or, worse yet, lie on the ground. That is the threat from which the police are happy to defend us.
Reactions?
Source: “Anthropology Graduate Student Profiles,” York University
Source: “Austin City Council Discriminates Against the Disabled,” housethehomeless.org, 01/19/11
Image by Kevin Wong (Marlith), used under its Creative Commons license.
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