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.
“No Sit-No Lie” Ordinance Passed in San Francisco

Change.org is a website where you go to sign petitions, or to start a petition, and to learn from the informative articles why it would be a good idea to support each cause that has a petition attached. The site covers a dozen general areas including animals, criminal justice, education, environment, gay rights, health, human rights, human trafficking, immigrant rights, poverty in America, sustainable food, and women’s rights.
Under the heading of Poverty in America, there’s a recent piece by Josie Raymond, a Change.org editor, whose beat is usually the South Bronx. She has titled it: “Sitting Is Now Illegal in San Francisco. Next up: Breathing.” A bit sarcastic? Maybe not. No doubt there are citizens who, if they could figure out a way to do it, would deny the privilege of breathing to people experiencing homelessness.
Is this San Francisco, California, law aimed at people experiencing homelessness? Well, duh. Who else sits on sidewalks, except the occasional child having a tantrum? Presumably it’s okay to sit on a chair, on a sidewalk. Otherwise, a lot of upscale cafés would be out of business.
Speaking of business, Raymond notes that the “Yes on L” group raised $280,000 for its campaigning efforts. Wow, that’s a lot of dough. How many tents or socks or hot meals could that money have bought? How many folding chairs could it have bought? There’s an idea — supply a portable chair for each person experiencing homelessness so they could be in compliance.
On a purely practical basis, the money would have been better spent taking homeless people to the bus station and buying them tickets to the destinations of their choice. At least a fair percentage might have someplace to go that would actually welcome them, a friend or relative willing to help out, if only they could get there.
And many others would wind up elsewhere, unable to afford the price of a return ticket, and become some other city’s problem. As long as we’re being sarcastic: As the bus pulled away, the farewell committee could wave and shout, “Just don’t leave your heart in San Francisco!”
Who would have imagined that sitting could be outlawed? And, of all places, in San Francisco, where, within living memory, they used to wear flowers in their hair? Yet here, in all its ugly reality, is news of how the city by the bay has voted for Proposition L, informally known as the sit-lie ordinance. No sitting on any sidewalk between 7 o’clock in the morning and 11 o’clock at night.
Raymond gets into the interesting details, such as the fact that sitting and lying on sidewalks is okay during the nighttime hours. She writes,
So everyone’s admitting they’re ok with homelessness to the point of people sleeping on the sidewalks, as long as the homeless wake up and move along by rush hour?
Apparently so. Imagine the gratitude in the hearts of the dispossessed, who are allowed the generous boon of being permitted to sit on a sidewalk between 11 PM and 7 AM. What a magnanimous gesture!
Despite the fact that the Mayor and the Chief of Police supported this ordinance, San Francisco isn’t all bad, of course. It has some great programs going, like Project Homeless Connect, and the people experiencing homelessness have a strong local advocate in Craig Newmark.
Rev. Billy Wirtz has been out there demonstrating against Proposition L, and the organization Sidewalks are for People has not given up. It is planning a citywide action on December 18, and encourages all interested parties to sign up at its Facebook page. This is peaceful protest. Folks are urged to get out there and play hopscotch, paint watercolors, share tea with their neighbors, have a game of chess, or do any other creative activity that claims the sidewalks as the rightful place for human beings.
This group thinks public spaces are safer when people use the sidewalks and other areas in ways that express the diverse and vibrant culture of the city. Here’s what they proclaim:
We believe in freedom of expression, the right to peaceably assemble, and the pursuit of happiness on our sidewalks!…We think it’s a terrible idea to criminalize the act of sitting in public space and we’re quite sure it’s a violation of our constitutional rights. We intend to challenge Prop L in the courts.
Reactions?
Source: “Sitting Is Now Illegal in San Francisco. Next up: Breathing,” Change.org, 11/03/10
Source: “Sidewalks are for People Day: SAT 12/18,” Sidewalks Are For People, 11/24/10
Image by Franco Folini, used under its Creative Commons license.

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