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WSWS : News & Analysis : North America

"Out of Sight, Out of Mind?"

Report on the Criminalization of the homeless in the US

By Andrea Grant-Friedman
22 January 1999

In 50 major cities in the United States--in places as distant as Fresno,
California and Buffalo, New York--for the past several years city
legislators have expended concentrated efforts to mobilize the legal system
in the service of various "urban renewal" projects. One goal of such
activity has been the attempt to physically remove a very visual urban
"blight"--the homeless.

Yet coming in a period dominated by the gutting of social services for the
poor, what has resulted can only be described as the victimization of the
most impoverished segment of the population in a manner reminiscent of a
Dickens novel. The January 1999 report released by the National Law Center
on Homelessness and Poverty, "Out of Sight, Out of Mind?" documents this
process of criminalization in 50 urban centers across the US.

In terms of housing provisions alone, virtually none of the cities surveyed
come close to providing enough emergency shelter beds or transitional
housing slots to accommodate the homeless populations. For example, in New
York City there are an estimated 27,000 to 81,000 homeless. At the end of
1998, however, shelters provided only 5,500 beds. In the face of
nonexistent resources, the homeless population literally has no place to go
other than the streets. Yet it is on the streets that city officials
nationwide are waging the most ruthless campaign against the homeless, a
campaign that aims to stamp out homelessness by stamping out the homeless
themselves.

The NLC report identifies a series of processes occurring throughout the
country placing restrictions on necessary life activities such as sleeping
or sitting in public places, extensive limitations on panhandling, using
police "sweeps" in order to remove enclaves of homeless people from certain
areas, as well as specifically targeting homeless people for the infraction
of laws that are generally applicable to the population at large. Take, for
example, the recent situation in Chicago.

"In December 1997, police did a sweep of Lower Wacker Drive when President
Clinton visited the city, during which the police threw away the property
of many homeless people. Since that sweep, police continue to sweep Lower
Wacker Drive, acting under the guise of cleaning, and simply take and
destroy the property of any homeless people in the area. In the past they
gave warnings that the area was going to be cleaned, but since December
they have given no warnings."

This situation is by no means limited to this Midwestern city. The NLC
reports on conditions in Cincinnati, Ohio: "City officials see homelessness
as a situation brought about by the person himself or herself rather than
by economic circumstances beyond their control. Cincinnati has designated
the Rhine community as an exclusion zone which targets homeless and other
poor people. If you are simply charged with a crime in the exclusion zone,
not even convicted, you are not allowed to go back to the zone unless you
are a resident, including residents of the homeless shelter, of that zone."

Traveling to Austin, Texas one would find that the fine for camping in
public increased during the past two years from $200 to $2,000. How exactly
individuals who cannot afford to eat on a daily basis are expected to pay
fines in a sum greater than a month's earnings at the minimum wage is
difficult to imagine. However it is such policies, coupled with outright
jail sentences for other infractions, that lead a substantial portion of
the homeless population to make their way through the criminal justice
system. The NLC report is quick to point out that there is no environment
less suited to deal with problems of the homeless than city jails. "In
addition to the fact that the criminal justice system does not, and
possibly cannot, provide adequate treatment and rehabilitation
opportunities, police officers are not adequately trained to address
problems that arise."

The problems of homelessness are extending into the population of the
working poor as a whole. In the 50 cities studied in "Out of Sight, Out of
Mind?" between 17 and 37 percent of the population are unable to afford the
fair market rent for an efficiency apartment based on guidelines set by the
federal government. In addition, while the US government continually
upholds the past year's historically low unemployment rates as a sign of
economic and social success, researchers found that individuals employed on
a 40-hour a week basis earning the minimum wage would still be unable to
afford the most rudimentary housing in any of the cities covered by the
report. The same reality holds true for the elderly and the physically or
mentally disabled subsisting on Social Security and welfare benefits.

The situation described in the NLC report is one that can broadly fall
under the heading of "blaming the victim." It is a logic whose intricacies
have long been addressed and refuted in volumes of sociological writing.
Without delving into the depths of this material, the conclusion reached by
the NLC report itself aptly surmises the inherent nature of the
double-barreled offensive against the homeless:

"The criminalization of homelessness is ineffective, counterproductive, and
inhumane. All of the proposed justifications for criminalizing homelessness
generally neglect to address the fact that penalizing people for engaging
in behavior such as sleeping in public, sitting on public sidewalks, or
begging, will not reduce the incidence of such behaviors, or keep public
places clear of homeless people, when people are doing so because they have
no alternative place to sleep or sit, or no other means of subsistence."

See Also:
San Francisco's homeless dying at record rate
[19 December 1998]
Homelessness and hunger in Ontario
[23 October 1998]
Welfare cuts increase hunger and homelessness
[6 March 1998]

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Copyright 1998-99
World Socialist Web Site
All rights reserved
~~~~~~~~~~~~

And from the National Law Centre on Homelessness & Poverty
http://www.tomco.net/~nlchp/nimrel.htm

Press Release: News Advisory
------------------------------------------------------------------------
Return to Main Page

Scrooges Oppose Needed Homeless Services

For Immediate Release
December 16, 1997
------------------------------------------------------------------------

------------------------------------------------------------------------
New Report Finds Private Homeless Facilities Often Thwarted

Washington, D.C. -- Every night more than 700,000 women, men and children
are homeless in the U.S. Yet when private groups attempt to create new
housing, shelter or services they often confront opposition from community
Scrooges, according to an investigative report released at a press
conference today by the National Law Center on Homelessness & Poverty
(NLCHP). "At a time when the social safety net has been weakened, it is
essential that private groups attempting to fill the gap are able to offer
badly needed housing and services," said Maria Foscarinis, NLCHP Executive
Director.

The NLCHP report entitled Access Delayed, Access Denied is based on a
survey of 92 transitional housing providers in 71 cities and towns awarded
grants in the 1994 HUD Supportive Housing Program Competition. Programs are
selected by HUD after a tough national competition and on the basis of
demonstrated ability to operate programs for homeless persons.

According to the report, in 100% of the surveyed cities and towns for which
information was available the supply of affordable housing is insufficient
to meet the need. Among the 59 cities for which such information was
available, 76% have a shortage of emergency shelter beds and transitional
housing slots to accommodate their homeless residents.

However, communities continue to send the message "good will to all, but
not in my backyard". Prospective neighbors or local governments attempted
to obstruct the siting of 41 % of the private transitional housing programs
that responded to the survey.

Governments are increasingly turning to the revision of their zoning laws
as a means of excluding facilities that serve homeless and other poor
people from their jurisdictions or particular parts of them At least 8
cities have recently enacted new laws or amended existing ones to increase
restrictions on siting housing or service facilities for homeless people or
are considering doing so.

Residents and business owners used a variety of methods to exclude
providers, such as:

• voicing opposition at a public meeting or hearing in 82% of the cases

• voicing opposition to elected officials in 58% of the cases

• voicing opposition to the media in 30% of the cases

• signing petitions to prevent the program from opening in their
neighborhood in 21% of the cases

Reasons for concern and opposition listed by survey respondents were:

• a decrease in property values (64%)

• an increase in crime (61%)

• an increase in traffic or parking problems (39%)

• the facility would be unsightly or unattractive (18%)

"Efforts to exclude housing and service providers are counterproductive and
inhumane," Catherine Bendor, NLCHP Staff Attorney, said. "They deprive
homeless people opportunities to attain self sufficiency and waste already
scarce resources."

Among programs that reported Not In My BackYard (NIMBY) opposition,
NIMBYism:

• delayed the opening of the programs up to a year and six months in 39% of
the cases

• increased the cost of establishing the housing program in 17% of the
cases

• forced 28% of the programs to move to a different site than the one
originally selected

The report also discusses the underlying reasons for NIMBY opposition and
provides examples of effective solutions to NIMBY conflict. As a result of
the report, the Law Center called for:

• Congress to reject pending legislation designed to limit the scope of
protections provided homeless people under the federal Fair Housing Act,

• Congress and HUD to increase the accountability on the part of local
governments that receive funding,

• HUD to use its position as an important source of funds to discourage
exclusionary zoning and other NIMBY efforts.

"We urge local governments, housing and service providers, and community
members to take constructive approaches to resolve siting conflicts,"
Foscarinis said.

For more information, please contact Maria Foscarinis or April Logan of the
National Law Center on Homelessness & Poverty at 202/638-2535.

~~~~~~~~~~~~
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