there are no free rides On Aug 9, 11:47 pm, "\"Lone Wolf\"" <phoeni...@gmail.com> wrote: > US cities criminalize homelessness > By Ali Ismail > 10 August 2009 > > As the economic crisis continues to intensify, scores of US cities are > enacting undemocratic laws that criminalize homelessness and trample > on the rights of the growing number of homeless individuals and > families who reside in these cities, according to a report released > last month. > > The level of homelessness has been increasing rapidly since 2007, and > attacks on the democratic rights of homeless individuals are also on > the increase, according to the report entitled, “Homes Not Handcuffs,” > which was issued on July 13 by the National Law Center on Homelessness > and Poverty (NLCHP) in coordination with the National Coalition for > the Homeless (NCH). > > In Denver and Atlanta, for example, 30 percent of the homeless > populations are newly homeless. The report notes that 19 out of the 25 > cities surveyed by the US Conference of Mayors for its annual Hunger > and Homelessness study reported an increase in homelessness from 2007 > to 2008, with the average increase around 12 percent. Home > foreclosures and the economic crisis in general are contributing to > skyrocketing levels of homelessness in many US cities, the report > notes. > > Based on data collected in 2007 and 2008, the law center demonstrates > how homelessness is being criminalized in cities across United States. > The report provides detailed summaries of how cities use undemocratic > measures targeted specifically against homeless individuals. > > Several of the most commonly used tactics to force homeless > individuals off the streets are highlighted. These tactics include: > > “Enactment and enforcement of 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, > jaywalking, or open container laws, against homeless persons. > > “Sweeps of city areas in which homeless persons are living to drive > them out of those areas, frequently resulting in the destruction of > individuals’ personal property such as important personal documents > and medication. > > “Enactment and enforcement of laws that punish people for begging or > panhandling in order to move poor or homeless persons out of a city or > downtown area. > > “Enforcement of a wide range of so-called ‘quality of life’ ordinances > related to public activities and hygiene (i.e. public urination) when > no public facilities are available to people without housing.” > > The report also notes the prevalence of city ordinances that > criminalize homelessness. Of the 235 cities surveyed, 33 percent > prohibit “camping” in certain city areas and 17 percent prohibit > “camping” all together. Nearly 50 percent of cities prohibit loitering > or begging in public places, and in 23 percent of cities, begging is > prohibited anywhere within city limits. > > Ten US cities that are particularly hostile towards homeless persons > were listed in the “10 Meanest Cities” section of the report. These > cities include Los Angeles, which was ranked in first place for the > ruthless way in which the rights of homeless individuals and families > are routinely violated. Orlando, Florida, Atlanta, Georgia, Honolulu, > Hawaii, and Kalamazoo, Michigan were also in the top 10 list. > > According to University of California Los Angeles (UCLA), Los Angeles > was spending $6 million a year up until 2007 to employ extra police > officers to patrol the city’s Skid Row area which has a substantial > homeless population. This came at a time when the city allocated only > $5.7 million for homeless services. The city also spent $3.6 million > in 2007 on arresting and prosecuting 24 persons in the Skid Row area > for “crimes” such as jaywalking which the report notes are rarely > enforced in other parts of the city. The report notes the same amount > of money could have been used to house over 200 homeless individuals. > The homeless in Los Angeles have frequently suffered from police > brutality as well. > > “Police brutality against homeless people intensified during the > crackdown on crime in Skid Row. In June 2007, the Los Angeles County > Community Action Network reported one example: two L.A. Police > officers attacked a petite homeless woman, who may have been mentally > disabled, with clubs and pepper spray. Police reportedly beat her and > tied her down. > > “Though many business owners in the Skid Row area believe that the > streets are cleaner and safer due to the Safer City Initiative, the > changes come at a substantial cost to the homeless population. > Advocates believe homeless residents have dispersed to areas without > services. According to an Associated Press article, in January 2006, > an estimated 1, 345 people were living on the streets in Skid Row. A > year later, only 875 people remained. > > “Moving homeless individuals from Skid Row not only takes them away > from a familiar area, but also moves them farther from service > providers. Around the time of the police crackdown on Skid Row the > providers in surrounding neighborhoods, such as Santa Monica and > Hollywood, noticed an increase in their homeless populations, a > problem for which they were unprepared. Richard, a homeless man > interviewed by Tidings Online, described the problem: ‘Unless you get > [the homeless] a place to go, they’ve got to go somewhere... They’re > going to disperse.’ You hit a bunch of marbles in the middle, they > splatter.” > > .In Orlando, the City Council passed a law prohibiting the sharing of > food with 25 people or more in parks in the downtown area of the city. > > “Shortly after the ordinance was passed, the ACLU sued the city on > behalf of First Vagabonds Church and Orlando Food Not Bombs, two > groups that share food with homeless individuals on a weekly basis ... > While the litigation was ongoing, Eric Montanez of Food Not Bombs was > arrested for serving ‘30 unidentified people food from a large pot > utilizing a ladle.’ After being held for three hours, he was released > on $250 bond and continued serving food. He explained that the > government’s inability to provide for homeless people is the reason > Food not Bombs and other organizations are helping homeless and hungry > individuals. He believes the community should fill in the gaps the > government leaves until the government takes on the responsibility. > Montanez was eventually acquitted at trial.” > > The law against sharing food can only be seen as a direct attack > against the democratic rights of homeless individuals as there is no > conceivable purpose for it other than to make life even more difficult > for people living on the streets. > > The situation confronting the homeless population in Atlanta isn’t any > better. > > “On August 2nd 2008, police officers in Atlanta began dressing as > tourists in order to catch people ‘aggressively begging’ for money. > This undercover effort was part of a ‘30-day crackdown’ conceived and > implemented by the commander of the police, Maj. Khirus Williams, who, > according to the Atlanta Journal-Constitution, had ‘received letters > from visitors who said the begging was so bad that they were never > going to come back to Atlanta.’ > > “The newspaper noted that while under normal circumstances a tourist > typically did not return to testify in court against the defendant, > Maj. Williams expressed hope that ‘having officers pose as tourists or > office workers’ would result in more convictions because the officers > were certain to testify. By August 22, 2008, the officers arrested 44 > people for panhandling and warned another 51. The Washington Post > reported in October 2008 that the sting resulted in 50 arrests.” > > Not surprisingly, city officials are preoccupied with maintaining the > profitability of Atlanta’s tourism industry rather than with > alleviating the problems facing homeless individuals and families, or > at least respecting their fundamental rights. > > Kalamazoo, Michigan was also included in the “10 Meanest Cities” > section of the report. The state of Michigan has undoubtedly been > battered by the economic crisis. It currently has the highest official > rate of unemployment in the US at over 15 percent. The report notes > the homeless population of Kalamazoo has been subjected to targeted > arrests and other methods used by officials to remove homeless > individuals from public view. > > “In the summer of 2007, several members of Michigan People’s Action > were arrested for > > sleeping in public parks following the enactment of an ordinance > prohibiting such activities. In addition, homeless individuals who > have been ticketed for sleeping in public parks have been unable to > obtain housing. Those homeless individuals and Michigan People’s > Action members who were ticketed or arrested for sleeping in public > parks challenged their arrests in court. By early September 2008, all > charges had been dropped against the homeless individuals and > activists. > > “During the same period, homeless advocates and homeless persons began > having difficulty accessing the Kalamazoo Transportation Center (a > public transportation bus station). Public Safety Chief James Mallery > said that due to a large number of calls regarding drugs, fights, > loitering, and panhandling, they were attempting to move people out of > there that did not appear to be using the buses. However, Michigan > People’s Action claimed that law enforcement was particularly > targeting people who appeared to be homeless. Michigan People’s Action > said that homeless people were being harassed at the Transportation > Center by officers who asked for their identification and proof that > they were waiting for a bus to arrive. > > “Even after being urged by Michigan People’s Action to stop the police > sweeps at the Transportation Center, the police continued to do so and > arrested and jailed dozens of homeless people and activists for > violation of the local anti-loitering law. Activists and the homeless > individuals arrested in the Transportation Center challenged the > arrests in court arguing the loitering law used to arrest them is > unconstitutionally vague. Those charges were eventually dismissed. > Kalamazoo has instituted a new set of transportation center rules. > Michigan People’s Action is concerned these new rules will be used to > continue to target people who appear to be homeless.” > > The report discusses the how many of the laws enacted against homeless > individuals violate their constitutional rights. Laws that prohibit > begging, panhandling, or sharing food in public places often violate > the right to free speech guaranteed by the First Amendment. Laws that > prohibit sleeping in public spaces in cities where there are no > alternatives for homeless individuals have been found by some courts > to be in violation of the Eighth Amendment because it constitutes > cruel or unusual punishment. > > Sweeps on homeless persons that result in loss of property are > rightfully considered by many to be an infringement on the right to be > free from warrantless search and seizures. Many laws are also in > violation of international laws related to human rights, including the > right to freedom of movement. > > The attack on the democratic rights of homeless individuals is part > and parcel of the ruling elite’s assault on the democratic rights of > the working class as a whole. By making homelessness a punishable > offense, the capitalists have once again proven that they have no > interest in addressing the root causes of homelessness-unemployment, > poverty, mental illness, and addiction. As the economic crisis > continues to escalate, even more people will be left without a home > and treated like criminals rather than victims of American capitalism > and its relentless focus on profit at the expense of human need. --~--~---------~--~----~------------~-------~--~----~ Thanks for being part of "PoliticalForum" at Google Groups. For options & help see http://groups.google.com/group/PoliticalForum
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