Albuquerque,
New Mexico
An ordinance called "Safety in Public Places"
passed in January of 2004. Under that law panhandling is banned in both
the downtown and the Nob Hill area during daytime as well as nighttime.
A total of 29 restrictions were placed on panhandlers. During the public
meeting when the ordinance was passed, Robert McGoey, homeless advocate,
said, "I believe the intention is not what they call public safety,
but to silence the poor, encourage police harassment, and sweep the
homeless out of downtown."
When the ordinance was originally proposed in October
of 2003, Sig Olson of Albuquerque Health Care for the Homeless said
he did not believe such an ordinance was necessary because truly "aggressive"
panhandling would qualify as either assault or battery. However, some
service agencies were not so critical. Joy Junction, a homeless shelter,
released a press release in January 2004, in which its director, Jeremy
Reynolds, said he supported the ban and warned the public not to give
money to homeless people and not to give homeless people personal information.
As a result of a lawsuit filed by the ACLU, the ACLU negotiated
the provisions of the ordinance with local attorney advocate Scott Cameron
of the New Mexico Center on Law and Poverty, and a revised law was passed
in May of 2004. The original panhandling law had been halted by a judge’s
order after the lawsuit was filed. Now, panhandling is banned after
dark in two main tourist areas, and police officers must first give
a warning and only cite individuals after a second incident occurs within
six months. "Passive" panhandling in the nighttime is allowed.
"Many ordinances are unfairly enforced. Enforcement
is intended to clear the streets and decrease the visibility of homeless
people," says Scott Cameron. The police target homeless people
at bus stops, check IDs and bags, and generally harass people. Cameron
believes these actions make it illegal to be on the streets. Business
and tourist interests are trying to "revitalize" downtown
and often blame much of the area’s problems on homeless people.
There is a growing culture of fear amongst homeless people in the community,
which causes them to avoid public spaces because of susceptibility of
being harassed and targeted by law enforcement.
Homeless people’s belongings are regularly being
thrown away by police. For a couple of months police used a trailer
next to the jail that was assigned for belongings. Recently, however,
homeless people report incidents of having their belongings discarded.
The cycle of citations, warrants, and missed court dates keeps these
homeless people unstable and often in the criminal justice system.
Homeless advocates are working with the Westside police
command area in a positive step toward developing alternatives to this
cycle of arrest. In March of 2004, the Albuquerque Police Department’s
Westside Area Command Captain, Conrad Candelaria, said he was working
to implement a plan called the 111 Coors POP (Problem Oriented Policing)
Plan in which several officers would heavily patrol areas in the West
Side for three days in late March. The officers would not necessarily
arrest the homeless persons they found, but would try to refer them
to service providers. Candelaria noted that law enforcement is not always
the final answer, and said, "For a long term solution, we need
to break the cycle. We need to make sure [the homeless] get the help
they need." However, he also stated the West Side was, "left
out of the picture," when Albuquerque passed its law targeting
aggressive panhandling in Nob Hill and Downtown, so the "problem"
was "transferred" to the West Side.
In December of 2003, Cameron defended a homeless veteran,
Hugh Shadoan, who fought a panhandling citation and won the case. The
man was passively holding a sign on a freeway off ramp that said, "Homeless
Vet. Help." He was arrested and charged with "obstructing
movement," but the judge dismissed the citation. Panhandling citations
are rarely if ever contested in Albuquerque, and the positive ruling
may be a landmark.
The Nob Hill area was the site of four violent incidents
between March and December 2003. The city closed several motels in months
prior to February 2004, in an attempt to push crime out of the [Nob
Hill and surrounding] area. Albuquerque’s "Community Enforcement
and Abatement Division" has implemented practices to crack down
on transients in the area [of Nob Hill] and hotels are now required
to perform criminal background checks on all guests.
Amarillo,
Texas
In June of 2004, residents
near Ellwood Park began to express mixed feelings concerning homeless
persons living in the area. One woman had no problem with homeless people
as long as they "behave in a proper and decent manner." The
police have the capacity to cite people for public urination, littering,
and breaking the park’s midnight curfew. Some residents are concerned
that homeless persons cannot be arrested simply for being in the park.
The park is located near social service providers and thus draws a number
of people during the day. Some residents have suggested fencing the
park to ease neighborhood worries at night, while others suggest that
the city look into finding solutions to homelessness instead of avoiding
it altogether.
Anchorage,
Alaska
Advocate Hilary Morgan reports that racial discrimination
is one of the most significant problems homeless people in Anchorage
face. Businesses have photographed and subsequently blacklisted people
who, they said, appeared homeless; most of these individuals being Alaskan
Natives. Subsequent media attention and advocates’ efforts have
put a stop to the racial and economic profiling.
A local liquor storeowner tore down and destroyed
several homeless encampments.
The downtown business district employs a group of
people who refer homeless people to service providers in the area, Morgan
reports.
In 2003, the city passed an anti-panhandling ordinance
introduced by West Anchorage Assemblyman Dan Sullivan, which made it
illegal for panhandlers to leave the curb and step into traffic. Sullivan
introduced his second anti-panhandling ordinance in July of 2004; this
ordinance bans "aggressive panhandling," where assembly members
unanimously approved the new ordinance. Becky Beck, executive director
of the Downtown Partnership, supports not only this new law as a control
of behavior, but also a program called "Change for the Better,"
in which the city would convince people that it is better to contribute
to nonprofit agencies than to panhandlers. Nonetheless, she says, "No
city [she knows] of has a great solution."
Asheville,
North Carolina
Philip Mangano, executive
director of the United States Interagency Council on Homelessness, declared
at a press conference that instead of shifting the homeless population
around, communities "should reconsider the social infrastructure
that keeps people homeless." The City Council created a committee
to begin working on a plan with the majority representing local service
providers for social issues. Local businesses are encouraged to join
in to help generate ideas and motivate change.
According to the Asheville Homeless Network, Asheville
passed its current set of laws unfriendly to homeless people between
2002 and late spring, 2003. These include ordinances banning sleeping
on public property, panhandling, solicitation, and loitering.
Ashland,
Oregon
Ashland’s anti-camping
ordinance has led police to target "The Willows," a well-known
homeless campsite. Police officers also reportedly stop homeless people
from using signs to solicit donations.
Athens,
Georgia
According to Lynne Griever of the Georgia Task Force for
the Homeless, though there are positive relationships among representatives
of the police, local government and homeless service providers through
the Northeast Georgia Homeless Coalition, there is a very heavy police
presence in Downtown Athens. Griever asserts many young people and homeless
folks no longer feel comfortable there.
Mary O’Toole, Director of the Northeast Georgia Coalition,
reports that downtown police, merchants and homeless advocates came
together in February of 2003 in support of converting parking meters
into coin depositories. A policeman who knew about a similar effort
in Nashville suggested the program. The money is directed towards public
services funded through the coalition. O’Toole believes that the
accompanying information and education have sensitized the community.
An Athens- Clarke County police officer reports the hope that the parking
meters will curb "aggressive panhandling."
A homeless resident said that she thought that the city
should take the signs down because she is concerned that the signs might
give Athens residents the wrong message about panhandlers. She said
that people should decide for themselves whether or not to give to panhandlers.
However, she is glad that the city is not pursuing a plan of criminalization
and says that she will continue to panhandle. She said that she frequently
asks for money to get food, while other homeless people stressed the
need to panhandle for survival.
"The signs seem to make using the meter the responsible
thing to do," Griever stated. "The signs imply that people
who say they need help right away are lying. Granted, some may be lying,
and some may not even be homeless, at all, but it just seems cold and
totally disassociates the need from the response."
Atlantic
City, New Jersey
People experiencing homelessness are given citations for
drunkenness and aggressive panhandling but are not usually incarcerated.
Sweeps are conducted a few times a week, but officers are careful not
to harass homeless people, according to Bill Southrey of the Atlantic
City Rescue Mission. These sweeps usually occur around the Boardwalk,
Pacific Avenue, and Atlantic Avenue. New Jersey participates in what
Southrey describes as "Greyhound Therapy," where various other
counties such as Ocean County, Camden County, and Cumberland County
bus homeless people to Atlantic City. The Atlantic City community is
not completely accepting, but not hostile, either.
Augusta,
Georgia
According to Georgia Task Force’s Lynne Griever,
there are not many homeless people visible in downtown Augusta. Many
folks show up for the meal at Sacred Heart Church or for a bed at the
Salvation Army in the evening. Mercy Ministries has opened a Day Service
Center outside of the downtown area. Otherwise, the downtown area appears
to be without a "visible" homeless problem.
Major Weaver at the Augusta Police Department says
there are very few arrests of homeless people. He says arrests are a
last resort and he’d like to be able to educate police officers
to the services available to those down on their luck so the police
can better serve the needs of those on the streets.
Maria Beard, who works at the Augusta Task Force
for the Homeless, says the police have brought many folks to the Task
Force for assistance rather than put them in jail.
Griever reports that until May of 2003 homeless people
could enjoy the downtown park. Since last May, however, ordinances prohibiting
activities such as loitering, panhandling, vagrancy, and other routine
activities, have been strictly enforced. Now, it is illegal to rest
in the park after lunch or until the evening meal is served.
Initially, Maria Beard reported, clients were outraged
and tried to fight the whole situation. Shortly after though, everyone
just did what was necessary to stay out of jail, which was to go away
from the downtown area. The police have cleared out campsites that have
been there for years. "They reappear," Major Weaver states,
"so we just have to go back periodically and clean it up again."
"I wish that I could see a little more compassion,"
Beard said. "These people are having a hard time, and they just
need help right now."
Major Weaver, who reminded us that he did not make the
rules, wants to help, but will have to do that within the constraints
of laws that make it illegal for the homeless to be downtown.
Avondale,
Illinois
In August of 2004, the City of Avondale demolished a blighted
41-condo development that was found to be unsafe because of "60
percent deterioration in its masonry, floors, frames, plaster and glazing."
Some community members were happy with the removal of the building,
and one resident said that it was a "fresh start for the community."
However, there is mention that a group of six homeless people lived
in the building and no information of whether or not the former residents
were given adequate shelter or relocation assistance.
Two homeless men who lived in the property for months
said if the builders "had a permit, none of this would have happened."
Bakersfield,
California
International Square Park in Bakersfield was demolished
in January of 2004, and the homeless people who once gathered there
scattered to other parks around the city. Councilwoman Sue Benham proposed
the park be demolished because it was a setting for illegal activity,
and maintenance costs were too high. No additional services or affordable
housing were offered in compensation for the destruction of the park.
Baltimore,
Maryland
Downtown business owners, including the Downtown Partnership
of Baltimore Inc., a "quasi-city agency," and its offshoot,
the "Baltimore Safe Street Coalition," which was started in
January, 2004, pushed a law to make it illegal for homeless people to
sleep on downtown sidewalks. The group suggested it would hire its own
"outreach teams" to deal with violators of the [proposed]
law. Some community groups opposed the proposition because they feared
it would drive homeless people into their neighborhoods, and advocates
feared that it would criminalize homelessness. Councilman Robert Curran
said the measure could cause "displaced homelessness." The
Baltimore City Council said in April of 2004 that it would "kill"
the "hotly contested proposal." City Councilman Robert Curran
said, "the sidewalk law will have a respectable death in committee."
Jeff Singer, president of Health Care for the Homeless, said, "the
bill wouldn’t have solved any of the underlying problems that cause
homelessness." A representative of the Downtown Partnership of
Baltimore reported in August of 2004 that there were no plans to promote
the initiative in the future and they have recently hired a new staff
member to look into issues of homelessness, mental health, and substance
abuse.
Panhandlers can be fined up to $100 if they panhandle
in the city between dawn and dusk, according to a law passed in late
April of 2004. The city has forbidden "aggressive panhandling"
since 1994.
Beaverton,
Oregon
The Oregon Department of Transportation (ODOT) had agreements
with several police agencies that allowed officers to exclude panhandlers
from ODOT property. At least 84 individuals had been "excluded
for life" from ODOT property. Recently, two panhandlers, who were
banned from Oregon highway ramps, settled a federal civil rights suit
with the City of Beaverton and ODOT to the tune of $1000 apiece. While
the settlement prohibits police officers from banning people from ODOT
property, they still have the authority to give tickets for what is
called an "unlawful position" with a possible $75 fine.
Billings,
Montana
The reported number of homeless people in Billings
doubled between 2001 and 2003, and some business owners and security
guards say that panhandling and "aggression" have increased.
Social service programs to help homeless people and others have been
cut in past years. Some homeless people say if their panhandling has
become more intense, it is because of the increased severity of mistreatment.
One homeless man who began to cry said, "I get harassed because
of the color of my skin and the way I dress." He had been beaten
by a group of teens earlier in the week. In the fall of 2003, police
pushed for ordinances banning panhandling and loitering, but fortunately
these ordinances were "derailed."
In May of 2004, it was reported that some business owners
were concerned with the presence of the Empire Bar, which, they said,
attracts homeless people. The city, however, was not making moves to
criminalize these people. State laws prohibit Billings from enforcing
vagrancy ordinances, and there is no law against public drunkenness
in the city. Billings City Administrator Kristoff Bauer said new laws
might not be the solution to the problem: "This is a societal problem.
It takes the community to fix it. It’s not a problem, I think,
you can just look to the city to address through police or other activities."
In October of 2003, Bauer had reported that the local jail was overcrowded.
Birmingham,
Alabama
A Birmingham city councilman withdrew his proposal
in October of 2003 to prohibit sleeping in the doorways of buildings
between 8 p.m. and 6 a.m. Homeless advocates decried the proposal, saying
that it unfairly targeted homeless people. "That seems to be morally
wrong," said Steve Freeman, executive director of the Old Firehouse
Shelter in Birmingham. "It’s going to make it difficult for
someone who is arrested and homeless on the street; now they’re
going to have a record. It’s going to make it harder for them to
get housing, harder to get employment."
Elias Hendricks, the councilman who introduced the
bill, defended its intent. "It’s not about homeless people,"
Hendricks said. "This is about improper behavior. We are having
a real problem, not just downtown, but all over. The police have no
power to tell people to move on. It doesn’t matter whether you’re
homeless or not, but if you’re sleeping in a public place you need
to get up and get out of there."
Boston,
Massachusetts
As in other American cities, the lack of public restrooms
in Boston sets up a situation where homeless people are routinely harassed,
ticketed, and arrested, says Rufus Goodwin. Public urination is considered
a sexual offense. Loitering, trespassing, and littering charges are
also used to target "undesirables," Goodwin states. Major
sweeps were predicted prior to the Democratic National Convention in
July of 2004.
The city is adamant it did not conduct sweeps leading
up to or during the Convention and they did not move homeless people.
However, many homeless people appear to have relocated during that time.
The city’s efforts were instead directed at informing the homeless
people they would be allowed to stay at shelters during daytime hours,
and encouraging them to do so to avoid the crowd. A director of a local
church was quoted as saying, "No matter how gentle the touch, the
idea was to sanitize the area, and they succeeded — just as they’ve
done everywhere else where they’ve had these events." Homeless
people reported in several news articles that personal donations from
delegates were scant.
Maureen Feeney, City Councilor, announced in August
she will hold a hearing on whether or not to ban aggressive panhandling
and may subsequently introduce the issue to the Council. She says this
is in response to an increasing number of people who stand in the middle
of streets and ask people in stopped cars for donations.
Boulder,
Colorado
A February 2003, panhandling ordinance has
led to aggressive enforcement, which has in turn pushed homeless people
out of some areas of town. Authorities issue citations for panhandling
and trespassing on a regular basis.
Bradenton,
Florida
In July of 2004, it was reported that 14th
Street West in Bradenton has been "changing" because of a
"crackdown by Bradenton police in the past few years." A January
2004, article reports that the city has been trying to "clean up"
the area. However, a local business owner reports, "a big problem
remains," complaining about, among other things, the homeless,
calling them "vagrants," and claiming, "people sleep
on the sidewalks of your property." Business owners are also concerned
with prostitution and drug use in the area. The city reportedly made
a nearby service provider, Our Daily Bread, reduce the size of its new
building in 2003, as a part of the push to "clean up" the
area.
The city council tabled a proposed "No Camping"
ordinance in January of 2004 for an indefinite time to allow the City
to explore possible housing and mental health treatment options, and
because of nearly two hours of testimony against it. The ordinance would
have banned sleeping outside between sunset and sunrise without the
permission of property owners. Violators could have been fined $500
and sentenced to up to 60 days in jail. No action had been taken as
of August 2004, according to city officials. If the law had passed,
the city might have been forced to provide housing for homeless people,
in accordance with the landmark1988 Pottinger Case originating from
Miami and limiting the displacement of homeless people in Florida if
there is no other place for them to be relocated to.
Manatee County is home to approximately 2,000 homeless
residents. There is one shelter in Manatee County, with 144 beds, which
offers a specified amount of free time, after which homeless persons
must pay a fee of $8 per night and show proof that they are in the process
of obtaining employment.
Buffalo,
New York
"The largest civil rights violation homeless
people face is housing discrimination," said local advocate Bill
O’Connell. Many of the people experiencing homelessness in Buffalo
find housing in vacant buildings, so there is little visibility of the
issue and thus little public resistance.
There is significant harassment for camping, public urination,
and presence in the Greyhound station, advocate Kelly Bobbitt reports.
She reported the businesses in the area sometimes harass, and yet, at
other times are extremely helpful to homeless people.
Charleston,
South Carolina
According to advocate Gayle Smith, homeless people
found panhandling or sleeping outside are not usually arrested for the
first, second, or third offenses. After three or more warnings though,
persons can be charged with a misdemeanor.
Smith is frustrated that police ignore the drug activity
close to her shelter because it has a negative impact on the low-income
community.
People are asked to move along in sweeps of the downtown
stores and tourist areas. Local advocates hope to implement awareness
training for police in the future, especially about methods for treating
the mentally ill.
Charlotte,
North Carolina
Charlotte has enacted a ban on aggressive panhandling,
redesigning a previous law that limited nighttime panhandling, interactions
with persons being solicited, and the area in which panhandlers can
solicit. Reports indicate that police officers increased enforcement
of the ban in late 2003. A local columnist said, "This is an issue
because panhandling makes those of us who are fortunate enough to attend
plays and eat at restaurants uptown uncomfortable." The columnist
also noted that in past months and years, the city has moved soup kitchens
out of downtown and installed dividers on benches, in addition to "stepping
up the enforcement of the ban on aggressive panhandling."
Cheyenne,
Wyoming
Virginia Sellner reports that there is not a problem
of criminalization of homelessness in Cheyenne and that she hopes that
such a trend never emerges in the future. She comments that possibly
"some cop in some little town" is committing abuses of the
law, but she has not come across those problems. She reports that there
are no laws against panhandling, and that panhandlers are generally
only asked to move if they are impeding a roadway and putting themselves
or others in danger. She also reports that there has been a community
service officer working in the Cheyenne Police Department whose primary
function seems to be helping to resolve disputes and acting as a point
of communication between non-homeless people, people without homes,
and the police. She says that while some homeless people have talked
about being targeted during "Frontier Week," she does not
think this either occurs frequently or is a serious problem.
Chicago,
Illinois
In January of 2004, the City of Chicago tentatively
agreed to pay $99,000 to people who were arrested or fined for panhandling,
as well as $375,000 to the lawyers who represent them. About 5,000 people
are entitled to a share of the settlement. Those who were arrested may
file a claim for $400; those who were ticketed may file a claim for
$50. Although the law involved in the settlement was enacted in 1991,
under the statute of limitations, only those arrested or ticketed after
Sept. 6, 1999 were eligible for payment.
In September of 2004, the City Council passed a law
aimed at deterring aggressive panhandling. The ordinance states asking
for money would no longer be permitted within 10 feet of a bus shelter,
CTA bus stop, ATM machine or entrance to a bank or currency exchange;
in any public transit vehicle or station or at a sidewalk café,
restaurant or gas station. The ordinance also bans panhandling "in
any manner that a reasonable person would find intimidating," including
touching someone, blocking an individual’s path or using profane
or abusive language." Violators could be fined $50 for first and
second offenses, and $100 for subsequent violations.
Clearwater,
Florida
Police have been harassing homeless people, reported
Richard Hruska, in January of 2004. Police checked homeless people’s
identifications and repeatedly asked them questions without obvious
prompting.
Cleveland,
Ohio
The City of Cleveland had assigned a liaison to the homeless
community by the Cleveland Police. During recent budget cuts this officer
was transferred. During this time without a liaison things began to
slide back, and advocate Brian Davis reports increased enforcement for
an ordinance against feeding the pigeons in Public Square, which naturally
targets homeless individuals. Disorderly conduct rules have also been
broadly applied towards people experiencing homelessness as well. The
liaison was reappointed in mid 2004, and tensions have calmed in the
downtown between police and homeless people. Outreach efforts were also
cut back by the mental health community because of budget cuts.
Off-duty police officers hired as private security officers
present a large civil rights threat to the homeless community, states
Davis. Police officers know and respect the consent decree saying all
people, including homeless people, can use the sidewalks in the city
without fear of arrest for innocent behavior like standing, sitting,
sleeping or eating on the sidewalk. However, off-duty officers who are
employed in uniform as security officers often ignore this decree, resulting
in harassment.
The guaranteed access to shelter provided to men and
women was disrupted by budget cuts, but was reinstated in early 2004.
The Ohio Department of Transportation signed an agreement
that the homeless coalition that will give a two-week notice to homeless
encampments under freeway overpasses on all sweeps so that outreach
teams can help to relocate the homeless individuals–a positive
step.
There was a continued onslaught of opposition to locating
homeless programs in certain neighborhoods of Cleveland. There is an
on-going dispute about certain neighborhoods disproportionately addressing
the shelter and food needs of homeless people. This has made it difficult
to locate affordable housing, social service programs that serve homeless
people. There were many public meetings, letters to the editor, and
public demonstrations of repugnance and the distribution of myths about
homelessness over the last year.
Colorado
Springs, Colorado
Vigorous enforcement of a recent aggressive panhandling
ban has really discouraged all panhandling, reported advocate
Steve Handon. There is a heavy police presence in the parks and the
downtown areas that homeless people frequently visit. Police and city
employees conduct regular sweeps under bridges and in encampments every
two to three months. Though there is usually a warning a day or two
before, authorities throw away all remaining belongings. Handon stated
that police seem to target homeless people who are not in shelters more
frequently than those who are. All of these efforts, Handon noted, are
really part of a larger effort to reduce the visibility of homeless
people in this tourist community. In his opinion, the main motivation
is to ensure that those who eat at a local soup kitchen do not interfere
with the planned revitalization of downtown.
Columbus,
Ohio
Kent Beittel of the Open Shelter reported the shelter’s
closing. The shelter served 1,331 people during the course of the year,
but the city owns the building and declared the shelter is not needed.
Beittel says the shelter was full, and every time a bed was open, many
more applied for the vacancy. On July 1, 2004, the shelter closed its
doors, but is expanding its outreach services and searching for a new
site. With the closing of the Open Shelter, considered a more tolerant
facility than most others, there are concerns whether many of its former
residents will be able to adjust to the more stringent policies in other
shelters. The concern is a number of individuals may be forced to stay
outside if they do not make the transition. The city has bulldozed camps
and eliminated existing communities under the freeways in Columbus,
making it extremely difficult to survive outdoors.
The city uses ordinances dating from the 1950s through
the mid-1990s concerning loitering and panhandling. Downtown signs read,
"Don’t give to panhandlers," and some "Downtown Ambassadors"
even carry the message on sandwich boards. Would-be donors, thus, are
intimidated into avoiding panhandlers.
The city had promised developers of some newly erected
condominiums an unobstructed view for their residents overlooking the
river and the city, therefore, several encampments of homeless people
who live on these public lands were cleared.
Corpus
Christi, Texas
Local business owners made agreements with the police
in May of 2004, to crack down on trespassers and "vagrants"
in front of their stores. Police officials report that officers involved
in enforcing these agreements typically issue warnings before making
arrests. The agreements were developed in response to an increase in
complaints from businesses to the city government. The businesses also
began hanging no-trespassing signs in front of their buildings.
Covington,
Kentucky
In October of 2003, the 14th annual Sleep-Out
for the Homeless was denied a camping permit for their awareness-raising
event in Goebel Park. The permit was denied under a July 2002 law banning
camping in Covington parks and along riverbanks. Activists coordinating
the event noted that re-enactors of the Lewis and Clark journey were
awarded a similar permit for three nights a week before the protest
camp permit was denied. The activists moved to camp at a federal building
instead.
Five homeless people, whose encampment had been removed
in 2002 by city authorities, won a settlement worth $1,000 each in December
of 2003. Jay Fossett, attorney for the city, stated that "there’s
no admission of wrongdoing, and I can tell you that the primary reason
for settling it was an economic reason."
Davenport,
Iowa
Advocate Kate Ridge reports local advocates and the
Chamber of Commerce formed a "Homeless Project Team" to better
address how the businesses and the tourist areas could be sensitized
towards the homeless community.
Dayton,
Ohio
One week before the city's November, 2003, sweep of
Vietnam Veteran Park, where twenty to thirty homeless people were staying,
city officials and a homeless outreach team talked with several of the
homeless people who were staying there, and notices of the upcoming
sweep were posted. The next week, city officials, including a city planner,
were present as city workers cut down the trees at the site, put everyone's
unclaimed belongings in large trash bags, threw them in a dump truck
and bulldozed the area. Dayton’s deputy director of community development,
Charles Meadows, said the city waited to clear the camp until a new
winter shelter was opened, but also acknowledged that Dayton lacks sufficient
services for its homeless population.
Daytona
Beach, Florida
Panhandlers are no longer allowed to solicit money
within ten feet of Daytona Beach’s busiest roads because of an
ordinance passed in September of 2003. The new ordinance, in combination
with an already-standing ordinance against loitering, may mean the city
provides no place to go during the day, since there are no day centers
for Daytona’s homeless population.
As of August 2004, Daytona is dealing with a crisis
in terms of numbers of people without homes after Hurricane Charley.
The executive director of the Volusia-Flagler Coalition for the Homeless
says that, "the resources are not there."
Deland,
Florida
The city commission voted to permanently ban panhandling
on busy city streets, an ordinance it had considered in December of
2003. The city has a standing law that prohibits beggars, prostitutes,
anarchists, "habitual [disturbers] of the peace," and others
from being found in the city. There are also laws punishing "vagrants."
The city said it was considering approving the new law because of safety
concerns.
Denton,
Texas
In July of 2004, the Denton City Council unanimously
approved a citywide ban on panhandling in any public place. The ordinance
is very broad and includes people who, orally or in writing, ask for
a ride, employment, goods, services, financial aid, monetary gifts,
or any article representing monetary value, for any purpose in any public
place. In April of 2004 it had revised its solicitation ordinances to
include a ban on solicitations within 50 feet of banks and ATMs. Police
began enforcing the panhandling ban in August of 2004, and had issued
one ticket in a week. Mayor Euline Brock says the ordinance is aimed
at "professional beggars who aren’t homeless." Housed
residents have voiced concern with the number of "aggressive panhandlers"
in the area, some of whom may have relocated after nearby Dallas passed
an ordinance banning panhandling in 2003. Officers would be encouraged
to give panhandlers information on local services. Many City Council
members say that they "hope" the ordinance will not be used
against homeless people. Although some service providers are supportive,
a homeless resident says, "That might stop some artificial dudes
that have five dogs and live in a house, but for the real homeless,
it’s just a hardship." The council added a mechanism to review
the ban six months after its creation.
Denver,
Colorado
Denver arrested 498 people for panhandling in 2003 and
261 people in the first seven months of 2004.
A Native American woman went to use the bathroom after
waiting at a bus stop and was followed by a male security officer who
invaded her privacy and forced her to leave with the threat of arrest
for trespassing.
According to Dallas Malerbi, the Denver Tent City
Initiative challenged the city’s urban camping laws and the lack
of shelter space. Malerbi reports that the city’s curfew and no
camping laws are heavily and aggressively enforced. Although the group
had held meetings with city officials and agencies had developed a specific
proposal for the creation of a tent city and had held numerous media
events, netting national coverage, the Mayor’s Commission in May
voted down the proposal. The group is currently pursuing other methods
for creating a tent city.
Skyline Park was renovated and reintroduced in July
of 2004; the area is now on the same level as the street, and more open.
In addition, the Park is hiring seasonal ambassadors to guide visitors
and report wrongdoing. Skyline Park was formerly a site of "begging
and loitering."
A proposal was made to the Denver Homeless Commission
to enact a panhandling ban in Downtown Denver, in addition to the citywide
aggressive panhandling ban. However, this ban, considered "divisive,"
was eventually rejected. Members of the commission had provided documentation
of the idea that such a ban would not stop panhandling, but would simply
displace panhandlers.
John Parvensky reports that the Downtown Denver Partnership
and the Denver Metro Convention and Visitor’s Bureau partnered
to hire an outreach worker and eight "ambassadors" who address
panhandling complaints. Parvensky reports that the city’s "ambassadors"
seem to be attempting to "move homeless persons from the mall to
more ‘appropriate’ settings." Another member of the Denver
Homeless Commission reports that ambassadors have been invited to tour
facilities that serve homeless people and that the ambassadors have
referred homeless people to a clinic and other service providers.
According to Parvensky, Denver conducts regular sweeps
of the Cherry Creek and South Platte River. However, the Parks and Recreation
Department provides 14 days prior notice and makes attempts to help
those removed find alternate housing. In May, a sweep of Clear Creek
was conducted by the cities of Wheatridge and Arvada, suburbs of Denver.
Most of the approximately 100 persons living on the river moved prior
to the sweep.
Detroit,
Michigan
Detroit is preparing to host the Super Bowl in 2006,
and local advocate Ed Bell maintains that officials want to present
the most positive view of the city by "cleaning up areas that look
bad to them." Bell says, however, that this is being done with
sincerity and a "humane handling of the homeless."
Other conditions are bad, though; Bell reports some
people commit crimes just to get housing. The mentally ill, especially,
are lacking resources.
The City’s Building and Safety Engineering Department
ordered the removal of a man’s shack that has been in the area
for almost 20 years. Ralph Thomas had one hour to move his belongings
before the site was bulldozed. The incident was reported in July of
2004.
Detroit,
Oregon
Detroit District Ranger Paul Matter said that in August
of 2004, new restrictions were placed on campsites. The number of campers,
tents and cars will be limited, and visitors who are not staying at
the campsites must leave by 10 p.m. A limit of 8 people has been placed
upon single-occupancy sites, and a limit of 12 people has been placed
on multiple-occupancy campsites. The officer alternated between saying
that the laws were put in place because of lack of infrastructure to
accommodate campers, and these laws were an attempt to ward off "crazies"
and control parties.
Durham,
North Carolina
In 2003, the Mayor Pro Tem Lewis Cheek of Durham proposed
a plan to ban begging outright in that city. Instead, in November of
2003 the Durham City Council approved a new law that requires homeless
people, or anyone else who asks for money on the street, to pay a $20
license fee. The fee also applies to street vendors. Panhandlers must
also be at least 16 years old, cannot ask for money during the nighttime,
and cannot try to stop vehicles. The law also requires panhandlers to
wear reflective vests. The application requires panhandlers to provide
their Social Security number and a physical address. The city will not
conduct background checks. A woman affected by the new law said, "I’m
just trying to do my best and get on my feet. I’m not hurting anyone."
A violation of the law carries a $50 penalty.
It was predicted that the new law might limit contributions
to the Durham firefighters’ drive for money for muscular dystrophy.
In January of 2004, one day after the ordinance took
effect, five panhandlers were licensed by the city.
Eau
Claire, Wisconsin
Eau Claire Police reported in August of 2004 that more
people are complaining about panhandling in the area. Panhandling is
not illegal in Eau Claire, but officers report that if they note the
person using profanity, he or she can be arrested. The City Council
President notes the growing homeless population.
El
Cajon, California
In September of 2003, the El Cajon City Council banned,
by unanimous vote, both day and night sleeping in Judson Park, adding
it to a list of places where it is already prohibited to camp or sleep.
Violators of the ban incur a $50 fine for the first conviction. A reporter
noted that this law made it roughly as expensive to sleep in a park,
as it is to rent a hotel room. In addition, El Cajon renewed both of
its laws generally prohibiting sleeping and camping.
The city also passed a law in September of 2003, by
unanimous vote, that made it a criminal offense to store personal belongings
(camp paraphernalia) in a park.
As of August 2004, the city is moving forward to create
a transitional housing center at the "Fabulous 7 Motel." However,
the plan faced opposition from residents that said it would bring more
homeless people to El Cajon and that individuals not fully treated might
end up on the streets in the area. In addition, in the summer of 2003,
a group of residents and business owners filed a lawsuit against the
city claiming that it had ignored environmental laws. A judge ruled
in the city’s favor in December of 2003.
El
Paso, Texas
Police have the option of bringing individuals to
a central resource center, which includes an emergency shelter, rather
than to jail (usually at night).
Advocates have been proactive with the city and the
police to promote understanding of the issues around homelessness and
mental health.
The City’s anti-panhandling ordinance, however, has
also limited the collections of fire fighters contributing to the Muscular
Dystrophy Association. 2004 was the first time in two years that the
officers were allowed "back on the streets" to collect. City
Representative John Cook says that the cause does not matter, and that
all street solicitors must be on the medians and may not step into the
streets. Nonetheless, he suggested that a "possible solution"
might be a permit that allowed groups to panhandle on the streets after
safety training. Presumably, although it is not necessarily likely,
this permit and training should also apply to homeless people.
Elkton,
Maryland
It was reported in April of 2004 that the ACLU assisted
homeless people in returning to an outdoor mall. In December, 2003,
owners of the property asked police to start a ban in the area against
homeless people, and the police delivered letters to the homeless persons
and persons in transitional housing purporting to have banned them from
the property. The ACLU argued that only the current tenants of the property,
and not the owners, could ban people, and also insisted that a person
cannot be banned simply for being homeless. Merchants raised various
arguments concerning other criminal acts. The police lifted the ban
allowing homeless people to return to such areas as the Social Security
office, a dentist’s office, a pharmacy, and a dollar store.
Encinitas,
California
In February of 2004, the city council unanimously authorized
an ordinance that prohibits camping trailers and other vehicles "being
used for habitation purposes" from being parked on city streets,
as well as an ordinance that extended the prohibition of camping on
public property from "the hours of darkness" to the full day.
In addition, the city designated areas of the city in which urban camping
is more prevalent and mandated that signs be posted in those areas alerting
potential campers to the parking laws.
City Councilman Dan Dalager said, in January, "We
have provisions that say people can’t camp, but people will come
in and park their oversize vehicles, and when the cops come and knock
on their doors, they don’t answer."
In January of 2004, a woman who lives in a van in Encinitas
was reduced to tears thinking of the prospect of the new law. She said,
"We’re not trying to invade anyone’s space. We’re
just trying to have a little of our own. Maybe if they want to work
with us instead of against us we wouldn’t have this problem."
From January 1, 2003, to January 8, 2004, before the new
laws were passed, police responded to 198 calls to "investigate
suspected illegal campers."
Peter Norby, executive director of the Downtown Encinitas
Main Street Association, reported his opinion that the previously "lenient"
restrictions in Encinitas attracted homeless people to their city.
It was reported in August of 2004 that sheriff’s
deputies are working as lifeguards to cut down on various behaviors
on beaches, such as overnight camping. Deputies are patrolling the beach
during both the night and the day. Encinitas lifeguard Captain Larry
Giles reports that, "there’s been quite a bit of camping going
on… It’s not allowed at all."
Escondido,
California
In August of 2004, City officials reported they stepped
up enforcement in Grape Day Park, targeting crimes such as drinking,
littering, loitering, urinating, camping and "general misuse of
the park." Police officials say that they are not targeting the
homeless, but several homeless residents said they believe the enforcement
is focused on them. Patrols increased during August. Grape Day Park
is next to City Hall and an arts center. One homeless woman was given
a "(camping) ticket for eating ice cream, sitting on a blanket
in the park, in the afternoon." Another homeless woman reported that
she was told, while she was drawing with her three year old daughter,
that the mayor didn’t want her in the park
Eugene,
Oregon
Linn Antis of the Eugene Mission reports that there are
occasional sweeps along the river where many homeless people reside.
According to Tim Rockwell of the First Place Family Center, a law was
passed to allow up to three homeless people to park on certain property.
However, in Eugene there are about 40 legal areas to park. Police usually
take action against homeless people after receiving a complaint from
the neighborhood, but recently there have been accounts of increased
targeting.
Eureka
Springs, Arkansas
In August of 2004, the City Council passed
an ordinance prohibiting people from sleeping on public property. The
police are concerned with camp sties that have been set up near springs
in the area. An owner of a local pub talked about the "emergency"
that the city was facing. He said, "Five people have been dropped
off in town, and they are creating havoc. They are making messes and
creating habitats in caves. They need professional help, and they won’t
get it here." He also said that, "they aren’t doing damage
or vandalism, except for the damage they do to the business when they
stand in front begging for money and customers are afraid to pass them.
We just need an ordinance that will help us keep these people moving."
Fairfield,
California
In August of 2003, the City Council approved a video
system that will cover all of Allan Witt Park, Lee Bell Park, and Dover
Park, as well as the Fairfield Community Center. The goal of the city
is to limit loitering, "unwanted after-hours activity," and
homeless camping, among other offenses. There will also be an audio
system installed that will allow officers to broadcast messages to people
in the parks.
Fargo,
North Dakota
The Police Chief of Fargo, Chris Magnus, said in August
of 2004 that the department’s Downtown Resource Officers (DROs)
work closely with social service providers, mental health personnel,
and other local treatment professionals to identify homeless people
in Fargo and to determine how to work together to coordinate services.
He refers to the city’s actions as following a "case management"
approach and reports crime rates in Fargo are very low. However, the
city will still arrest persons found to be aggressively panhandling
or disorderly.
Magnus said, "Consistency and immediacy when it comes
to enforcing the law and making sure these persons are at least briefly
incarcerated is the best way to deter some folk's illegal behavior (aggressive
panhandling, open intoxication, disorderly conduct, etc.)."
Flagstaff,
Arizona
In March of 2004, two men were forced out of a cave they
made in the U.S. Coconino National Forest. They were given two days
to remove their belongings. A Forest Service spokesman said the people
who live in the forest create litter and sanitation issues.
In August 2004, it was reported the police in Flagstaff
have a practice of making regular contact with people they refer to
as "public intoxicants," as a part of the Flagstaff police
chief’s strategy, which is based on the "broken-windows theory."
A local newspaper almost excessively detailed the crimes of five such
men, many of whom are assumed to be homeless. One such man had been
arrested 15 times in the past six months, and others had been arrested
a similar number of times. However, many of the "crimes" are
almost by definition "status offenses." The people were arrested
for loitering to beg, criminal trespassing, consuming liquor in public,
obstructing a public thoroughfare, criminal littering, and criminal
nuisance, among other offenses. They also had several convictions for
failing to appear for court hearings.
Fort
Myers, Florida
Residents of Altamont Park want police to do
more to keep transients and vagrants out of their neighborhood according
to news reports.
Religious groups feeding homeless people in nearby
Lions and Centennial Parks and Nabi Biomedical Center’s paying
people for plasma contribute to vagrants hanging around the neighborhood,
said Deborah Kelly, coordinator for Altamont Park’s neighborhood
watch program.
Mayor Jim Humphrey said city officials have asked
religious groups to stop feeding homeless people in city parks, but
so far to no avail.
"It seems like we’re seeing more and more
derelicts," he said. "It’s something we need to address."
Police agreed to continue extra patrols in the neighborhood.
From January 1 to September 15, 2004, there were 76
requests for extra patrols in Altamont Park, according to police records.
Fort
Smith, Arkansas
After an assault by a homeless person on an
employee of a local business, public sentiment about homelessness began
to sour. It was reported in August of 2004 that officials, business
leaders, and service providers met with the Police Chief Randy Reed,
who decided to locate a police substation in a new building near the
downtown. The group also decided on programs that can help the "deserving
homeless." One of the leaders of that initiative, Fred Williams,
whose employee was accosted, and who is on the board of the local Salvation
Army, said that he is concerned the town may be attracting less deserving
homeless people. He said, "The word is out that Fort Smith is a
good place to come and not miss a meal… As a result, we are attracting
vagrant thugs who are aggressive, bold, ignore people’s fences
and run in packs. These are not the kind of folks you reach with soap,
soup, shelter, and salvation." Some residents want the Fort Smith
Bus Station to move out of downtown.
Fort
Worth, Texas
Advocate John Suggs reports an increase in public pressure
to prevent homeless people from camping. This pressure, he says, is
coming from the citizens, business leaders, and redevelopment forces
that are gentrifying the downtown near area shelters. Panhandling is
strictly enforced, especially under the influence exerted by neighborhood
associations.
Frederick,
Maryland
In September of 2003, city officials considered a
plan to spruce up downtown Frederick that plans to remove city benches
from a busy street. The Rev. Brian Scott, executive director of the
Religious Coalition for Emergency Human Needs, disapproved. "There
probably needs to be more benches, not less, in the city," Scott
said. In August of 2004 a city official reported three benches were
removed, but those benches were in disrepair. The official also noted
several new benches were being installed in a nearby area. He did say
these benches have the mid-bench armrest incorporated into the design,
a modification that can be perceived as unfriendly to the homeless.
However, the city official was careful to state such benches were for
use by "all income levels" and the new benches were located
near community agencies serving homeless people.
Glendale,
Arizona
Glendale enacted a law banning urban camping on private
and public property in July of 2003. This law was described as a preventative
measure, and a Glendale police spokesman reported that homelessness
is "not an epidemic" in Glendale, "but (that they are) are trying to
deter (that type of activity)."
Grand
Junction, Colorado
In 2003, the Grand Junction City Council directed
its police force to break up homeless camps within city limits. As a
result, many homeless people have moved outside of the city’s jurisdiction
to Mesa County or onto private property. The city launched an anti-panhandling
campaign, called "Giving Spare Change Won’t Make a Change,"
in July of 2004, which encourages citizens to donate money to charities
instead of giving it to panhandlers. According to John Parvensky, President
of the Colorado Coalition for the Homeless, the city is sending 23,000
fliers with its utility bills.
In addition, liquor laws are enforced in ways that have
negative impacts on homeless people.
Greeley,
Colorado
In July of 2004, Weld County commissioners gave initial
approval to a measure restricting panhandling on public rights of way.
The commissioners voted on the ordinance in late August 2004, and the
law went into effect in September. The Greeley Tribune suggests that
panhandlers would be able to collect donations on private property.
However, the newspaper’s editorial board questioned whether or
not panhandlers would have the funds to pay a fine.
Hallandale
Beach, Florida
In August of 2004, Hallandale Beach passed an ordinance
that prohibits people from soliciting or vending on roads or street
medians. A group named Helping People in America, which operates a shelter
in Hollywood and sells the Homeless Voice newspaper, voiced its
opposition to the law. Hallandale Beach had previously settled out of
court with the group on a different issue concerning the newspaper.
Havre,
Montana
In September of 2004, the Ordinance Committee of the
City Council is presenting an ordinance banning campers and recreational
vehicles from parking on city streets. The previous law states that
it is "unlawful to store, park, or inhabit" a trailer, but
police said the law was not enforceable, and it was originally written
to prevent transients from taking up residence on Havre streets. The
new ordinance would give police more specific authority.
Houston,
Texas
In August of 2004, Houston approved a "civility
ordinance," expanding the area in which it is prohibited to lie,
sit, or place personal belongings on the sidewalk to include the Midtown
area. A similar ordinance was passed for the downtown area in 2002.
The media and advocates watched during the 2004 Super
Bowl to see if the city would refrain from sweeps as it had promised.
There were no sweeps–a victory for advocates. The Houston Police
Department and the Houston City Council include the Coalition for the
Homeless of Houston/Harris County in their decisions about the implementation
and enforcement of the civility ordinance.
The city is piloting a positive program to reduce the
number of homeless people who are jailed unnecessarily. A case manager
will be in court prior to arraignment so individuals can be assessed
and assisted rather than jailed.
There is a significant "Not in My Back Yard"
attitude present, especially among citizens in the midtown area, where
many people experiencing homelessness reside. Similar attitudes in suburban
areas have produced the large homeless population found in Houston.
Outlying cities and even other states give homeless peoples bus tickets
to come into the city of Houston.
Huntington,
West Virginia
It was reported in June 2004, that the Huntington
Police Department had begun a program to target panhandlers and public-nuisance
offenders. Teams of officers, working overtime hours, patrol for four
hours daily, in groups of two, to arrest the offenders. Within a week,
the city had arrested over 25 people. The program began after complaints
from visitors to the downtown area who said the area looked "dirty."
The City Municipal Court says that crimes of panhandling or public nuisance
offenses are punishable by a fine up to $1,000 or three days confinement;
this information was distributed to officers in a memo. Those arrested
for public intoxication, however, are taken to a treatment center where
they are kept until they are sober and evaluations of how to help them
are made.
Idaho
Falls, Idaho
In July of 2004, it was reported that Idaho Falls
officers Josh Deede and Lincoln McDonald routinely check the known places
where transients stay, often hidden in thick brush or large groves of
trees. When they find people camping, they make them leave or cite them
for trespassing on city property. Officer Lincoln McDonald said, "That’s
pretty much their life; they’re used to it. They’re used to
being contacted by police and having to move on to the next place."
A local business owner who has had people camping behind his store,
said, "They’re kind of troublesome because they bother the
tourists and customers and things." Police say that local agencies’
ability to help is limited, and many people are turned away.
Indianapolis,
Indiana
This city sees only occasional problems, says advocate
Donnie Robinet, such as new police officers awakening sleepers in the
Pan Am Plaza. The greatest need, Robinet states, is for public bathrooms.
Another occasional problem, reports advocate Dan Shepley, is less tolerance
to those camping outside. A few encampments have been rousted, though
some were investigated because of violence occurring within the camps.
Ithaca,
New York
In August of 2004, two police officers were suspended
from their jobs after trashing a homeless tent site. The officers destroyed
the tents, broke the picnic table, threw chairs into the water, and
threw away many of the belongings of the people living in the camp,
known as "the Jungle." The District Attorney’s office
will decide whether to press charges, and the officers were put on paid
suspension. Some people in the area were concerned about alcohol consumption,
but Ithaca Deputy Police Chief Tom Granziani said that alcohol consumption
does not allow officers to take such excessive action.
Jacksonville,
Florida
Three homeless men challenged a drinking ordinance
in June of 2004 because of its vagueness, and because the law will be
waived for a future event. The argument concerned a 2.5-mile entertainment
zone that will be designated for 18 days before the 2005 Super Bowl
in which all laws on public drinking, noise pollution, and outdoor sales
will be lifted. This area includes the park in which the men were arrested.
The public defender, Tyler McKinney, is asking that since Jacksonville
lifts the law to prevent the arrests of big name guests to the city,
others should not be arrested.
Jeffersonville,
Indiana
This small town has no laws on the books that criminalize
homelessness, but there is "a lot of NIMBY[ism]," or Not in
My Back Yard, states advocate Barbara Anderson. Jeffersonville is located
across the river from Louisville, Kentucky, and there is a mix of resistance
to a perceived influx of people from the city and a movement to remove
homeless people from the town.
Kalamazoo,
Michigan
In December of 2003, District Court Judge Paul Bridenstine
found a homeless woman guilty of sleeping in a park where "overnight"
camping is illegal. He ordered the woman to pay a $50 fine.
Kansas
City, Missouri
As of December 2003 and April 2004, officials of the
Jackson County Prosecutor’s office and business leaders wanted
to ban petty offenders from an eight-block "safe zone" near
the city’s new $40 million library. Designers of the proposal saw
it as targeting criminals and not the homeless, specifically. However,
a conviction for aggressive panhandling would lead to banishment from
the library zone, as a condition of probation. As libraries are public
spaces often used as resources by the homeless population in Kansas
City, exclusion would be punitive.
In August of 2004, however, a Kansas City Police representative
reported that she was not familiar with the safe zone.
Kissimmee,
Florida
Kissimmee passed an ordinance requiring stores with more
than 20 shopping carts to install a device, such as an alarm or a barrier
that would curb shopping cart theft. Winn-Dixie Stores complained that
the city hadn’t demonstrated there is an underlying problem requiring
the regulation.
In May of 2003, Kissimmee police outraged homeless advocates
by posing as homeless people to catch drivers running red lights. The
sting was known as "Operation Vagrant." The officers wore
fake teeth, dressed in tattered clothing, and pushed shopping carts,
reinforcing homeless stereotypes. They also carried cardboard signs
that read, "Sheriff’s traffic sting in progress. Buckle up."
Lakewood,
Colorado
John Parvensky, President of the Colorado Coalition for
the Homeless, reported that Lakewood passed an aggressive begging ordinance
in August of 2004, and it is modeled on Denver’s ordinance. The
ordinance places very specific restrictions on the manner in which begging
and panhandling can be carried out, but it does not ban begging entirely.
"(Panhandling) hasn’t really been a problem, but we don’t
want it to become one," said city spokesman Steve Davis. "The
ordinance was drafted in hopes of having it in place before it would
be needed."
Lawrence,
Kansas
In August of 2004, city workers rousted homeless
campers from three sites in the woods along the Kansas River and leveled
their make-do shelters with earth-moving equipment. A local camper said,
"It’s all gone, everything. I know a grown man ain’t
supposed to cry, but this is the last straw. Ain’t nobody read
the Ten Commandments, the part where it says ‘thou shalt not steal?
That’s what they did, they stole every thing I had." The campsites
were cleared without any warning, and the residents only had 10 minutes
to vacate the area. One resident lost a guitar that he used to earn
tips. He said, "I have no way to replace my guitar. I can’t
work. My back is bad, I got a bad heart. I have no money." The
City Manager had assumed that the residents would be given a 24-hour
notice, although they were not. Lawrence has no formal policy for breaking
up illegal campsites.
Two weeks later, in mid-August, city workers rousted
homeless campers from sites along the Kansas River. City Parks Director
Fred DeVictor said, "We put up signs, giving everybody a 24-hour
notice… It looked like everybody had pretty much gotten his or
her stuff out of there. It was mostly trash that was left." The
city has reported to social service officials complaining about how
the earlier rousting was conducted that a 24-hour notice will be issued
in the future.
Lexington,
Kentucky
Hedgerows on the perimeters of public places have
been cleaned out to deter camping in those areas. There have been some
community concerns about the prominence of homeless people in public
areas like the library, reports advocate Carol Stevenson. Overall, Ms.
Stevenson feels that, with increased advocacy and a better public awareness
of the issues on both sides, workable solutions can be found.
Lexington
Township, Michigan
The township banned overnight camping, and, in 2001,
was sued by the Sanilac County Parks Commission, which argued Lexington
Township laws should not apply to county parks such as Lexington County
Park. The law was stopped in the original lawsuit, but the city overturned
the ruling on appeal, and camping was again prohibited. The county filed
papers in August of 2004 to bring the issue to the Michigan Supreme
Court.
Lihue,
Hawaii
In October of 2003, Mayor Bryan Baptiste issued a
press release stating all people camping in city parks without a valid
permit must find other shelter. One month after the order was issued,
most of the campers who had no permit left the parks. Only two citations
for camping without a permit were handed out.
Long
Beach, California
The police regularly ticket people for camping outdoors–clearly,
those who cannot afford to pay, notes homeless advocate Mike Giard.
Arrests and other ticketing sometimes occur as well. The ticketing activity
definitely becomes more prevalent before and during the local Grand
Prix races and other special events that take place.
Police conduct sweeps in parks where homeless people
often congregate. During these sweeps, people are ticketed, told to
move along, scared away, or arrested. There are extremely strict homeless
laws in Long Beach, according to Giard, and the enforcement is equally
strict.
An August, 2004 newspaper article notes there is conflict
between some business owners and the residents of high-end lofts near
Lincoln Park, and the people who serve food to the homeless in the park,
as well as the park’s homeless residents. One business owner said
the feedings created a "magnet" for homeless people. One of
the people serving the food said, however, that the groups serve in
the park because the homeless population is already there, and so it
is logical to serve in the area.
Longmont,
Colorado
In December of 2003, Longmont prohibited solicitors,
including charities, from making requests in or near a street or highway.
Council members and police say panhandling increased in Longmont after
Boulder passed its own ordinance. Police officers cited safety concerns
for panhandlers.
Longview,
Washington
In February of 2004, the Longview City Council approved
an ordinance prohibiting people from removing items from waste bins.
Some people are concerned the ordinance could be used to target homeless
people. Violators would face a fine of $125, but could not be sentenced
to jail. Police say the ordinance is aimed at curbing identity theft.
Police Chief Bob Burgreen said homeless people and the poor are "not
the people that [they are] targeting, but [they are] going to be talking
to people if they are in [residents’ dumpsters]."
Louisville,
Kentucky
According to Jackie Floyd, loitering is one of the
few things which homeless people are sometimes unfairly arrested for
in Louisville. Also, Floyd says, homeless people are sometimes picked
up for public intoxication and held to detoxify in jail even though
there are detoxification services available at other, alternate facilities.
These persons are not held under arrest, but are detained until sober.
However, the homeless advocacy group and the police have a strong working
relationship. Advocates go through police training and new police recruits
learn about and visit shelters and mental health institutions.
Madison,
Wisconsin
Drinking in some Madison parks is against the law, and
though there are few arrests, reports homeless advocate Judith Wilcox,
attentive monitoring by the police is common.
Many high-school-age youth are involved in aggressive
panhandling, though they might not be homeless themselves, and they
have sparked complaints from local residents. As Wilcox puts it, "they
reinforce a homeless stereotype even though they are not homeless."
In March of 2004, the Governor of Wisconsin, Jim Doyle,
signed a law raising the penalty for stealing a shopping cart from $50
to $500.
ReachOut, a program designed to reduce panhandling
and homelessness without resorting to criminal enforcement measures
has been around for two years on State Street.
Funded through a mix of public and private sources,
the program has helped get people off the streets and into housing and
addiction treatment programs, organizers say.
The program received a 2003 award from the National
Law Center on Homelessness & Poverty for its alternative approach
to addressing homelessness.
Since April of 2004, the program has helped 14 people
turn their lives around, according to the ReachOut organization.
Martinsburg,
West Virginia
The Martinsburg Police Department Chief Ted Anderson
said in a speech in August of 2004, to business owners and city officials
that, "alcohol consumption, panhandling and prostitution"
continue to be some of the main concerns in downtown Martinsburg. The
city passed an anti-panhandling ordinance in the early 1990s. Anderson
said, "The best way to drive out the wrong kind of people is to
drive in the right kind." He indicated that the people sitting
in the City Council chambers were the "right kind" of people.
Memphis,
Tennessee
The local homeless coalition conducts awareness training
with the police department, which according to advocate Constance Graham
has been successful. Police are supposed to refer people to agencies
or shelters rather than take them directly to jail.
According to Graham, the AutoZone Redbirds Stadium,
built a few years ago, precipitated a new effort to "revitalize"
the surrounding areas. New condominiums are going up, and the poor being
pushed to other parts of town. There is significant concern that the
new basketball arena, the Fed Ex Forum, which is being built in the
poorest zip code in Memphis, will quickly gentrify the surrounding neighborhoods.
Graham feels that any success service providers have
come from collaboration between the HIV/AIDS coalition, the independent
living center, legal services, and homeless advocates. A Mayor’s
Task Force to End Homelessness and a new informational advertising campaign
are also helpful.
Miami,
Florida
In May of 2004, the City Commissioner of Miami opposed
the feeding of homeless people in the downtown area, and said 76 organizations,
"including religious groups," must stop feeding. He has offered
to provide transportation to and from the churches providing the services.
The director of homeless programs for the city cited garbage and rats
as part of the concern behind the prohibition against feeding outdoors.
However, some homeless people have complained about the quality and
freshness of the food provided in such facilities. The Mayor, however,
added teeth to his comments by insisting that organizations would be
forced to pay fines and face arrest for serving homeless people. If
a response was not heard from the churches, then the commissioner threatened
to pass the ordinance making feeding illegal.
Middletown,
Connecticut
In August of 2004, a Middletown reporter volunteered
to spend three nights on the street to learn what being homeless felt
like. Aside from noting the criticism and disdain of young people, he
also reported that it is a criminal offense to solicit spare change.
He said that while he thinks Middletown has adequate food and shelter
services, he does not think these services are sufficient to get "people
off the street." In addition, he reported anecdotes that were told
to him by homeless people detailing police strip searches and people
being arrested for cursing at police. He was arrested for sleeping in
the park, released, told not to return to the park lest he be arrested
for trespassing. The officers attempted to refer him to a shelter, but
found that no spaces were available. In August of 2004, it was reported
that the city’s only homeless shelter is "always at capacity."
Minneapolis,
Minnesota
In March of 2004, a homeless man challenged a Minneapolis
anti-begging ordinance and won. The ordinance declared begging illegal,
but the judge decided in favor of the man, stating his begging was no
different than a state-registered charity asking for money and that
it is considered free speech and thus protected by the First Amendment.
The City decided not to appeal the unconstitutionality of the old ordinance.
However, in May of 2004, the City Council reworded the panhandling ordinance
as well as the no-loitering ordinance. The Legal Aid society of Minneapolis
had suggested striking the words "or any other act prohibited by
law," to improve the constitutionality of the ordinances.
According to Margaret Hastings, The Community Advisory
Board approved the Decriminalization Task Force Recommendations with
changes for clarity. These recommendations will now move to the Minneapolis
City Council for approval.
In addition, Margaret Hastings reports that in March
of 2004, a man with no permanent address was arrested for "dancing
in the street." The city law stipulates, "No person shall dance
or engage or participate in any dancing upon any public street or highway
in the city." In addition, in 2004, people with no permanent address
were arrested for vagrancy. The police report noted that they "looked"
like they were not employed and could not provide proof of employment
to the arresting officers.
Mobile,
Alabama
In the fall of 2003, a few police officers resurrected
an old "Wandering Abroad" ordinance from the 1880’s to
convict homeless people who were in certain neighborhoods, reports advocate
Dan Williams. Police arrested one individual for public intoxication
although the individual in question actually suffers from epilepsy.
However, after advocates contacted the Deputy Police Chief these arrests
have ceased. "Good strategies," Williams says, "are key
in this small community to preventing criminalization problems."
Modesto,
California
The Modesto City Council enacted a revised ordinance
in July of 2003, outlawing panhandling near banks, ATMs, restaurants,
parking garages, bus stops, intersections with traffic signals and anywhere
people are standing in line. The ordinance also bans aggressive panhandling
and carries a misdemeanor penalty.
In a town meeting in August of 2004, a local business
owner reported, "The street people are scaring our customers away."
The Modesto Police Chief, Roy Wasden, reminded the resident that an
aggressive panhandling ordinance had been passed and that homelessness
is a more complicated issue.
A Modesto Food Not Bombs chapter demonstrated in August
of 2004, to protest the city’s treatment of homeless people. The
protest was directed at an alleged police practice of driving homeless
people out of Tower Park. A group of advocates also held a "Know
Your Rights" workshop in the park.
Myrtle
Beach, South Carolina
In July of 2004, Myrtle Beach’s new anti-loitering
law went into effect. In August of 2004, after the first month, police
had written 13 tickets. Police have been told not to enforce the law
"too strictly." A city councilwoman, Susan Grissom Means,
lamented the presence of homeless people in parks and cited their presence
as one reason why she supported the law. While loitering laws around
the country have been stricken down for vagueness, the Myrtle Beach
law ties loitering to "criminal intent," "loitering with
harmful purpose, loitering for prostitution or loitering for drug traffic,"
among other categories.
Naples,
Florida
In August of 2003, a homeless man received a 12-year
prison sentence for spitting on a sheriff’s deputy. While being
transported in the back of the officer’s patrol car, David Hird
coughed up phlegm on the deputy. At the time, Hird was under arrest
for trespassing.
New
Orleans, Louisiana
Instead of arresting homeless people, police officers
now summon a "homeless assistance unit" that guides homeless
people to a shelter, hospital or substance abuse clinic. The unit consists
of graduate students in social work.
However, in July of 2004, a body was found in the
Mississippi River that was identified as a 25-year-old resident of New
Orleans. This man had previously had five felony arrests, and his most
recent arrest was for begging in the French Quarter in June.
North
Las Vegas, Nevada
In 2002, North Las Vegas passed an ordinance "requiring
retailers to establish mechanisms to prevent shopping-cart theft."
The City then hired a company that retrieves abandoned carts for a fee
of $3 and passes the cost along to stores.
In the greater Los Vegas area, Clark County Sheriff Bill
Young has been accused of arresting homeless people unnecessarily, among
other things.
Norwalk,
Connecticut
The SoNo Alliance, a "neighborhood improvement
group," has been pressuring the city to deal with the loitering
and littering behavior of homeless people in the vicinity of a shelter.
The police department reported there are few laws that police can enforce
to curb the behavior aside from laws against littering, public drinking,
and blocking sidewalks. However, in August 2004, it was reported that
the city was drafting an ordinance "to crack down against panhandling."
Oakland,
California
Shelter director Steve Krank reports the 1,600 men
who come into the shelter are reporting many stories of harassment.
On some days, Krank reports, everyone sleeps during the day–citing
the regular sweeps of their encampments as the culprit. There was recently
a sweep in mid-June, in the downtown area.
New efforts by Mayor Jerry Brown and the city to redevelop
downtown have created a move of homeless and poor people away from downtown.
Ogden,
Utah
In August 2004, it was reported the city had made
62 arrests on the street for public intoxication, trespassing, drinking,
and public urination since January 2003.
In addition, in August of 2004, the city debated a
proposed ordinance concerning banning the sale of single cans of beer,
or "class A licenses" for businesses on 25th Street,
to tackle the problem of" inebriated transients." Nearly two
dozen people criticized the proposed ordinance, including representatives
of businesses that would be shut down by its passing, saying larger
businesses like Wal-Mart would be able to sell the same products, but
stay in business. The city said it would further study the issue and
hold another public hearing in October. The ordinance was seen as a
way to clean up "Historic 25th Street."
Oklahoma
City, Oklahoma
There is a complaint-only basis for enforcement of
panhandling in Oklahoma City. Therefore, a person who panhandles is
not bothered or questioned unless someone, such as a storeowner, makes
a formal complaint to the police. This is usually infrequent, stated
Dan Straughan, until a particular issue arises.
Olympia,
Washington
A new county commissioner created an inter-jurisdictional
committee on homeless issues to work on effective changes. Bread and
Roses has created a new advocacy center that helps those cited for public
disturbances, says Selena Kilmoyer, but these citations are not common
occurrences. As a result of public pressure after several incidents,
the city was trying in 2002, to enact several anti-homeless measures.
Due to interaction between homeless advocates and the police force,
these ordinances have not been put into play.
However, there is prejudice against homeless people in
the city. A homeless advocate from Seattle who serves food reported
that in Olympia "people come down and harass us for feeding the homeless."
Omaha,
Nebraska
Not many ordinances have been passed this past year,
and ordinances such as panhandling are not enforced very often. However,
there is a sense of mounting pressure on the homeless population.
The police are more actively enforcing panhandling
ordinances. The lunch programs sponsored by local churches feed large
numbers of homeless people, so pressure was placed on these churches
to end the programs, but no legislative action has been taken yet.
Several recent events have made Mike Saklar of the
Siena Francis House wary of impending legislation. Saklar has received
warnings that police will start to ticket for jaywalking, but there
has been no evidence of action thus far. The city closed down a motel
that offered cheap rentals, displacing over 100 people. Recently a homeless
camp near an arena convention center, home to about 21 people, was cleaned
out and the area bulldozed. The downtown library has attracted a larger
homeless population, and though the director of the library appears
sympathetic, Saklar is concerned that policies might change in the future.
Orlando,
Florida
Orlando police said they would go undercover to catch
panhandlers who beg for money outside of 32 designated zones where panhandling
is allowed. Violation of the anti-panhandling ordinance in Orlando carries
a $500 fine and imprisonment for up to 60 days. As of September 2003,
the stings had netted only one arrest.
Pahrump,
Nevada
In November of 2003, the Pahrump Town Board enacted
a law that made it a misdemeanor to accost people in a public place,
to beg or solicit alms, to go begging door-to-door, to loiter, to prowl
or wander on private property unlawfully, to loiter or sleep on any
street, sidewalk, alley, building or automobile without the owner’s
permission, and to loiter around a public toilet in a lewd manner. Some
claimed the law is far too broad and vague, extending to any public
place. "People have a right to walk down the street and not be
asked for money," said Sheriff Tony DeMeo. The town board member
who introduced the law cited a confrontation with three aggressive panhandlers
as the impetus for drafting the bill.
Palm
Bay, Florida
In July of 2004, twelve homeless persons were rousted
from camps on private property "deep in the woods." These
camps were considered "advanced" and had running water and
alarm systems. Families were living in such camps. Brevard County is
currently experiencing a shortage of emergency shelters for families.
Pasadena,
California
In August of 2004, Pasadena business owners near the
Union Station shelter still opposed the 20-bed expansion of a woman’s
shelter. The project to build an extension was denied in July of 2004,
by a zoning hearing officer who said it could negatively impact public
safety, health, and welfare. The officer referenced "passionate
testimony" from "dozens" of affiliates of business, who
described the failure of the shelter to fully patrol and clean up waste
in the area. The shelter defended its policies, saying it had a "daytime
security guard who patrols the area, policing the homeless and talking
to business owners." However, later in August the appeals board
unanimously approved a new permit to allow the shelter to expand, but
stipulated the shelter must clean the trash and patrol the area.
Philadelphia,
Pennsylvania
Over the past few years, Philadelphia has dramatically
reduced the number of chronically ill or addicted homeless people on
the streets. They did this not by forcing them out, imprisoning them,
or busing them. Instead, they helped them acquire what they needed:
help and housing. With teams of outreach groups, a build-up of affordable
housing, and 24-hour shelters, Philadelphia began telling people experiencing
homeless the city could help, and this time, the offer had teeth. The
City of San Francisco is doing research in an attempt to duplicate the
services that Philadelphia provided to its chronically sick and addicted
homeless population.
However, advocate Roosevelt Darby notes that accessing
programs for homeless people is sometimes more complicated than is necessary.
He reports that individuals often have to be screened into the "New
Keys" program, and that some people targeted for help cannot be
found by the time they are accepted. Darby commented that self-reported
success is not always the most accurate record of results and that people
should carefully determine the actual results from the programs.
Darby also said many homeless people realize that if someone
doesn’t want to be hassled then he/she doesn’t spend all of
their street time in the city center. "The street population is
more mobile these days. They know when to hit a feeding downtown for
example, and then how to disburse and become ‘invisible’ to
avoid the hassle," said Darby. The conclusion might be that homelessness
has not been reduced as much as dispersed and, therefore, hidden.
Robert V. Hess, the city’s deputy managing director
for special needs housing, said the city would urge food providers to
move their operations indoors. In general, Hess said, the policy seeks
to move homeless people off the streets and into shelters, not jails.
A 1998 law bans aggressive panhandling from the sidewalks; other laws
bar certain kinds of public behavior, such as loitering and lewdness.
Hess said the city has usually sought to address homelessness as a social,
economic or medical problem.
Phoenix,
Arizona
Riann Balch reports the police and advocates have
made extremely positive strides in changing community policing from
arrests toward services. "A small police force, for a city of this
size, with priorities other than harassment, helps," reports advocate
and Dr. Louisa Stark.
Stark notes a new "connection to care" program
where police officers team up with social workers and service providers
to arrest everyone in one night who is trespassing–large numbers
of homeless people. They are then taken to a "general command post"
where all the service providers in the town are available: detox, food,
blankets, mental health, among others. These providers give them "tasks."
If someone shows up at an appointment, the charges will disappear; if
the person does not, the individual will be convicted.
Stark reports the original intent was positive: to prevent
criminalization of people experiencing homelessness. The original concern
involved helping rather than incarcerating. However, there is now an
unfortunate "either-or" situation: they can either comply
with the service providers, or face criminal charges.
Riann Balch points to another positive initiative
of "care teams", which are diverse outreach teams of behavior
specialists, police officers, court workers, and others. They go out
and interact with homeless people and then network to share resources.
A new Human Services Center is being built, which
will centralize all of its services, making it easier, perhaps, for
clients to access them. However, it will also decrease homeless people’s
visibility in the greater community, making it a way to push the homeless
individuals out of sight, Balch states. Stark notes the Center is a
"homeless campus," which consolidates services and frees up
the valuable, prime real estate the social services currently inhabit.
So, a supposedly convenient centralization can also be viewed as paving
the way for downtown development.
In August of 2004, an "investigative" television
news team reported "at least a half dozen men" were arrested
for aggressive solicitations during the past year. The article reports
that a Phoenix Police lieutenant said of panhandlers, "some of
these people do not have the mental capacity to make judgments or have
conversation… You are not going to have anything positive resulting
from that kind of conversation." However, the article also refers
to new training for officers to better assist homeless persons.
The Police department has significantly reduced its
rate of fatal shootings, in part by incorporating crisis intervention
training for officers, an anonymous source noted.
Pittsburgh,
Pennsylvania
Advocates for the homeless accused Pittsburgh officials
of flouting a court settlement on how to handle the private property
picked up in sweeps of makeshift encampments. Under the agreement the
city must give homeless people access to the belongings that had been
confiscated in the three days following a sweep. However, some say that
homeless people must call for an appointment to claim their belongings.
In January of 2004, the city targeted a homeless encampment
for demolition–the same encampment the city had dismantled in November.
Downtown advocates have been trying to combat the seedy
atmosphere of Market Square, where panhandlers and "vagrants"
stay. While the police are trying to combat drug problems around specific
bars, some residents cite the homeless population in general as the
issue. William Bochter, former commander of the Hill District police
station, says part of the strategy is a visible police presence to counter
non-aggressive panhandlers and "well behaved vagrants." In
July of 2004, local restaurant and business owners were concerned a
long-standing mobile meal program for the homeless was "bad for
business."
Plymouth,
Massachusetts
Safe Haven, a shelter that has been open for a year,
will be closing in the fall of 2004, due to lack of funding. Shelter
space is limited in the suburban areas of the city. Plymouth Police
Captain Charles Chandler said police become involved with people in
camps only when someone complains of a disturbance. Chandler said, ''There
just aren't many places to take these people, and some don't request
shelter." Chandler also said people are only taken into protective
custody if they are considered a danger to themselves or others.
In July of 2003, leaders of the Church of the Pilgrimage
"reluctantly cut down shrubs encircling the nearby church activity
center" because of the actions and presence of homeless people
in the area.
Pontiac,
Michigan
According to Willie Redmond, there are occasional
arrests for vagrancy of individuals found in parks, under stairs, in
doorways, etc. Businesses often respond negatively to large groups of
homeless people, but do not bother other individuals. Police sometimes
help homeless people to shelter when there is a need.
Portland,
Maine
Advocate Steve Houston reports police often use the
charge "obstruction of a public way" to prosecute homeless
persons. For example, panhandling is legal, and therefore, homeless
people cannot be ticketed or arrested for that activity. However, an
individual standing on the sidewalk to panhandle can be cited for obstruction
of a public way instead. Loiterers are often arrested or ticketed as
well.
"Solicitation of a motor vehicle" is illegal,
but enforcement is selective and specifically targeted at homeless people.
A person who posts a sign or holds a sign could be ticketed or arrested.
However, high schools, Girl Scout troops and other groups often use
carwashes for fundraising and hold signs to attract cars, but the ordinance
is never enforced on them.
A new hospital is being built in one of the few downtown
areas where homeless people often congregate, and the nearby encampments
are being cleared. On the east end of Munjoy Park, where many homeless
people camp, there are massive sweeps in preparation for the Fourth
of July and other special events. There are few public restrooms, and
there is extreme discrimination against homeless people using private
businesses’ restrooms.
Portland,
Oregon
A homeless woman reported that while she slept, a
policeman kicked her repeatedly, awakening her, and took her into his
patrol car. He drove her to a police station, where he attempted to
book her for camping in public, but a fellow officer told him that he
could not do this, so he dropped the homeless woman off without giving
back her personal possessions.
A new voucher program, "Real Change, Not Spare
Change," was enacted in 2004, by the Portland Business Alliance.
The program suggests that vouchers for 25-cents be given to panhandlers
to redeem at one of four local social service providers. The four providers
see very few of the vouchers come through and weren’t sure of the
value of the program.
In March of 2004, the Right to Sleep Alliance protested
the city’s camping ban, hosting a rally. This group was aware the
"no sleeping on sidewalk ordinance" is lifted the night before
the Grand Floral Parade so people
