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.
Homeless Vets — Does It Matter How Many?

Of the total number of men experiencing homelessness in the United States, one out of three is a veteran. Ericka Walmsley of the Texas Veterans Commission gave this often-repeated statistic to a reporter in early December, and a controversy began.
The Austin American-Statesman has a regular column called PolitiFact, which is like Snopes.com without the humor. PolitiFact looks at claims made by journalists and government agencies (and promises made by politicians) and evaluates them, separating rhetoric from truth. In 2009, PolitiFact won the Pulitzer Prize for National Reporting, for its coverage of the 2008 election.
This particular column was meticulously researched and written by W. Gardner Selby, who consulted more than a dozen sources to determine where the one-in-three assertion came from. Selby’s conclusion:
Bottom line: Experts outside Texas agree the claim that one-third of homeless men are veterans is based on obsolete data, though some cautioned that it’s hard to pinpoint how many homeless men are veterans, and one sorting of the data appears to justify the claim. We rate the statement Barely True.
Ericka Walmsley’s source was HelpUSA, which based its figure on the U.S. Department of Housing and Urban Development (HUD) homelessness data gathered in 1996. Lawrence Cann of HelpUSA told Selby that it’s hard to tell because a lot of homeless veterans may not identify themselves as veterans when questioned by the volunteers who go out and count the homeless, and may not show up in the system in any other way if they don’t seek shelter or other services. Still, HelpUSA subsequently changed its webpage to read, “around one out of every four homeless men is a veteran.” Though, further down the page, it still says 30% (or about one in three.)
National Coalition for the Homeless director Neil Donovan told Selby his organization used the same HUD figures, and a January 2009 one-night “snapshot” revealed that of all the homeless people, sheltered or not, who could be contacted on that date, 13% were veterans. That number had previously been 15%. Donovan also noted that not many Iraq and Afghanistan war veterans have shown up in the homeless population yet because Post Traumatic Stress Disorder often takes years to fully manifest. So he’s suggesting that the number of homeless veterans in our future will indeed increase.
Of course, Selby also checked with HUD, the original source of the figures, and with Project CHALENG, whose report is available as a PDF file. According to CHALENG, in 1990, there were 27.5 million veterans (3 million of them poor), and 10 years later there were 23 million veterans (1.8 million of them poor), and…
[…] it does appear that a significant, long-term reduction in the numbers of homeless veterans has occurred.
A person could also interpret that as meaning there are fewer homeless veterans than 10 years ago because a lot of them have died in the meantime. This is not exactly the ideal way to make homelessness statistics go down. In December of 2010, the U.S. Secretary of veterans affairs estimated that there were 107,000 homeless veterans. After consulting Duncan McGhee, of the Texas Veterans Commission (where the statement that started this whole thing came from), Selby wrote,
Using U.S. Census Bureau statistics to extrapolate the percentage of males among veterans (93 percent), McGhee comes up with a figure of 99,720 homeless male veterans — slightly more than one-third of the total number of adult homeless people calculated from the January 2009 one-night survey.
So we’re back to approximately one-third again. Perhaps the most important quotation here came from Mary Cunningham of the Urban Institute, who told Selby that although the one-in-three figure might be outdated, all such numbers should be considered rough estimates, adding,
In general, it’s important to remember that there are far too many homeless who are veterans.
And that is the real bottom line.
Reactions?
Source: “Veterans commission representative says one in three homeless men is aveteran,” PolitiFact.com, 01/10/11
Source: “Veteran Services,” HelpUSA.com
Image by The National Guard, used under its Creative Commons license.

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