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E
ach year the National Coalition for the Homeless collects data from homeless agencies, advocates, and actual homeless people on many different topics. This information is referred to as the Illegal to Be Homeless, The Criminalization of
A Good Way to Help the Homeless Excuse me Officer , you want to take me to a shelter... Says the homeless person .... And the Officers say " Yes Sir"
Fort Lauderdale, Florida An outreach program in cooperation with the police department and local services is comprised of one formerly homeless individual and one police officer. After publicizing the pick-up point through street contacts and service providers, the pair goes out each afternoon, where they assess individuals one by one. Some individuals are sent to a shelter for the night, some are given bus tickets to reunite with family, and others are enrolled in long-term programs. By helping individuals get off the streets and into shelters, the impact of criminalization has been significantly decreased. Other police officers in the community are also taking individuals to shelters rather than jail. Police are currently conducting their own trainings, and educating officers about homelessness.
How’s My Vending? Call (954)
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Homelessness in the United States report. The coalition goes out of their way to verify the facts of each case by checking police records, lawsuits, independent witnesses’ accounts and/or community members who have been assured by local law enforcement or city politicians that any arrests will be very easy on homeless people. In many cases most of the action the cities are using is unconstitutional. This means while cities make an attempt to improve their so called image, they aggressively violate the rights of homeless people and make many arrests that are invalid and in some cases even criminal. Now we all know that the Homeless Voice has gotten its feet wet by filing actions against cities, big business and any other person or agency that attempts to violate the rights of homeless people and have won every case by settling with each city. I have even had some law enforcement officers that call me up and tell me that their city is cracking
In south Florida the police are getting very good at providing social services to the homeless by taking the homeless person to a shelter and we commend these officers for assisting the homeless so well.
down on these types of arrests. I feel confident that the information cops are providing me with about major violations against the homeless must be true because cops are calling to report other cops or the cities who sign their pay checks about these injustices. Advocates have also become just as smart as the police; they have begun shooting videos of dishonest police officers committing these infractions. In some cases the tape is given to the police and the advocates ask the police officer to change their behavior. In most cases they are not given to the police department. Rather they are given to the police officer who violates the homeless person’s rights and is asked to please stop their misuse of power. We figure that the police officer should not get into trouble if the city is asking them to be so aggressive.
We at the homeless Voice understand that sometimes our own homeless people do mess up a community and we understand that the police must do their job and we respect them when they do their job correctly. We even respect them more if they actually bring a homeless person to our doors. In south Florida the police are getting very good at providing social services to the homeless by taking the homeless person to a shelter and we commend these officers for assisting the homeless so well. However, as you will see in this special edition of the Homeless Voice many cities violate the law when they pick a certain class of people to go after. By providing the public with more education we hope to change injustices against the homeless in the future. -Sean Cononie
Local, National Groups to Commemorate National Homeless Persons’ Memorial Day
I
n 2004, thousands of people without housing events, which include candlelight marches and vigdied of natural causes, murder, suicide and/or ils, graveside services, plays and other performhypothermia in cities and towns nationwide. ances, and special religious services. Since 1990, the Cities nationwide have responded by reducing the National Coalition for the Homeless has sponsored availability of shelter beds and continuing the demo- National Homeless Persons’ Memorial Day on or lition of affordable housing units, thus driving many near the first day of winter to bring attention to the tragedy of homelessness, and to refamilies and individuals into homelessness. What will this coun- “I think the important member our homeless friends who try do for people experiencing thing to remember is have paid the ultimate price for our nation’s failure to address the issue. homelessness next year? On Dethat these deaths are Each year since its inception, the cember 21, 2004, local and national groups and people experi- entirely preventable,” National Coalition for the Homeless has been joined by local and stateencing homelessness will mourn Whitehead said. wide groups across the nation in those who died and educate the holding special events to honor those general community that the lack of who have died, and to recommit ouraffordable housing and shelter is a problem that must be addressed. “I think the impor- selves to the task of ending homelessness. For more please go to tant thing to remember is that these deaths are en- i n f o r m a t i o n , tirely preventable,” Whitehead said. “If our cities www.nationalhomeless.org/memorial96.html. make affordable housing, living wages, and accessiReprinted With Permission from ble health care their top priorities, we will not have The National Coalition News Paper to hold any more memorial services for people who Happy New Year or should we say , Happy died without housing – because there will be no New Years……. There are many more to more people who die without housing." This year, come…... over 125 cities across the nation are sponsoring
The Voice of the Homeless
Page 2
HOMELESS VOICE
FRIENDS OF THE HOMELESS For just $15.00 a month you can keep a homeless family off the streets for a day. Please make check payable to: COSAC Foundation Friends of the Homeless. Please include on memo what name should appear in paper.
Mail check to: Friends of the Homeless, P.O. Box 292-577 Davie, FL 33329
Your Name Will Be Printed in Our Paper Every Month • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Donald Peterson The Cononie Family The Targett Family Patrick Helings John Bendor The Preston Family Jake Forest Lisa Gram The Jameson Family In Loving Memory of Uncle Joe & Nana Shannon Brooks Jose Rodrigues Lisa Cebrat Greg Thompson The Bowe Family Pakita Price The Stone Family Nana Sullivan The Watsons Sean Cononie Sally Lister Judith Kelly Arnold Goldstein Martha Roman The Baptista Family The Whoa Family Jacob Robinson Julie Stokes De De Hupp John Criasia Daniel Harrison The Martinez Family Amanda Reynolds Dolores R. Cerra Bob Hall Tressie W. Osborne Clark Rogers The Savir Family Peter Richman Richard McHenry Stevie Nix Corinne James The Browns Chris Sanchez Hugo DeCarpintini Mario Yuio Richard Friedman Diane Friedman Uylna Quadrino Ginny Scott Arnold Reemer Chris Tucker In Loving Memory of Peter Sullivan Maryann Springer Elaine Snaith Marshal Bugin Keith Yude Steve Murrey Young Anderson
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Bruce Wethersoon Isabelle J. Henry Raul Cardenas M.D. Wendy Bryan Jacqueline McCarty Albert J Taragowski Darla King Paula King Richard Gomez Anthony Ralph Jennifer Hicky Timothy Lukehard Thomas Rua The Jackson Family Justin Rowan Mary Green Morris Grazi Marvin Shatze Ronald Shafer Vance Gunn Adam Staler Allen Yancy Jimmy Daniels Mel Blount Carol Lockette Joe Golden Anna Marye Levier Magan Narduzzi Andre Johnson Antione Collins Eric Harrison Jessica Padilla Sheldon Jones Carlo Harrison Jason Emrik Dan Gilcert Amber Rowan Jackie Johnson Ricky Cambell Dorr’e Terry Samual Manery Marilyn Vokish Jenny Curic Amy Curic Lisa Jackson Jim Johnson Bobby Neal Erica Fulton Darren Nolf Erica Sanclair Steve Dillan Dallan Michele King Bobby Ore Casandra Thomas Tara Hunter Mark Faber Nichole Faber Kevin Britt The Cable Family The Maione Family Barbara Strong
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Grace Marth Regla J Ferrer The Baldwin Family Horace Gracie Russell J. Ferguson Marjorie G. Rhines Jamie F. Flores In Loving Memory Of Thomas Gasbarro Cathy and Kids The Davis Family Graham R. Mitchell Essential Oil Healthline Amparo L. Korey John’s Plumbing Service Thank You Winn Dixie Adrienne and Mike Ms. Marilyn Smith Albert J. Taragowski Ruth C Grey Mike Cross Tamara Southard Raul Cardenas MD PA Al and Annie Hurricane Prevention Inc Danny and George The Thompson Family OTD Messenger, Inc M. Smith Yorick and Bonita Parrica Lee Russ & Delores B Mordon Robert Jesus Llanes Comet Couriev Proietto Family In Memory of Billy Corwin Josh Searles Patricia Lee Russ Delores B Mordon Mrs. Jenkins Everglades Moon, Covenant of Goddess, Elibet Hanson Judy B. Pascarella John Gaeta Michael R. Prokop, Jr. Jackie M. McCarty In Memory of Charles Horton
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
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In Memory of William F. Judge Todd Palgon The Morabito Family Todd Palgon Holly J. Andrus Lois Cross In Loving Memory of Florence & Nat Popkin Tailored Advertising, Inc Claudia K. Tapolow Margie Jones In memory of Wesley H. Woodall Maria M. Riveiro Gottlieb & Blair Family Pioneer Middle School Youth Crime Watch Rhenals-Mei Family The Strikowski family Margie Jones & Friends Ronald Prescia In Memory of Brian Groleau Laura Flash Jacqueline M. McCarty The Herrmann Family The Monserrate Family Madeline Butera Jennifer S. Nickel Marilyn R. Smith David Thawley On Behalf of Matthew Lambert Mustafa Mehmet Gokoglu In Memory of Scott Paul Cooper Robert and Ruth Baal In Memory of Melba DeSanto In Memory of My Mother Pearl McCann, Love Teresa Barbara Desanto Leah and Ray Michael & Michale Rhett
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Volume 5, Issue 14
HOMELESS VOICE All articles in this paper were compiled The National Coalition For the Homeless. New Years Resolutions. We all have them. Do we ever follow thru with them? Maybe one of my News Years resolutions will be to follow thru with my New Years resolutions. Just a few tips for you: make realistic goals, stop making the same resolutions year after year that you never do, pick one or two resolutions and complete it, write your goal down and read it every LETTERS TO THE EDITOR morning. -Mark SEND TO: Targett
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DAVIE, FLORIDA 33329 FAX TO: 954-926-2022 EMAIL: info@homelessvoice.org ALL DONATION REQUESTS IN THE HOMELESS VOICE FOR ANY CHARITY ARE ADVERTISED IN CONJUNCTION WITH THIS WORDING A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE IN THE STATE 1-800-435-7352 REGISTRATION DOES NOT IMPLY ENDORSEM ENT, APPROVAL, OR RECOMMENDATION BY THE STATE THANK YOU FOR HELPING THE HOMELESS
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F LO R ID A A UTO IN SU R AN C E IN C . 6 7 4 0 T A F T S T R E E T, H O L L Y W O O D
F RE E T A G R E N EW A L SER V IC E FEE W ITH W R I T TE N P O L I C Y
L OC A TE D A C R OS S F R O M W IN N -D I XIE O N T AF T S T R E E T
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The Voice of the Homeless
Page 4
HOMELESS VOICE I. Introduction
II. Individual Consequences
This report, “Illegal to Be Homeless: The Criminalization of Homelessness in the United States,” is the third annual report since 2002. This study documents the widespread trend of violations of the basic human rights of people experiencing homelessness in 179 communities in 48 states, Puerto Rico, and the District of Columbia. Through the passage of possibly unconstitutional laws, the "selective enforcement" of existing laws, arbitrary police practices, and discriminatory public regulations, people experiencing homelessness face overwhelming hardships in addition to their daily struggle for survival. Instead of spending precious public resources and funding to address the significant lack of affordable housing in this country, local governments in urban, suburban, and rural areas divert these funds to local Business Improvement Districts (BIDs) and to policing, which often penalize the very people this money could help. In addition to continuing the documentation of this trend, this report emphasizes the connections between the creation of a public environment of intolerance and the increasing danger of living on the streets that results from this attitude.
The criminalization of homelessness makes the struggle to survive on the streets even more difficult, depressing, demoralizing, and frightening, especially as the criminal justice system can itself act as a major barrier to individual efforts to escape homelessness. Regardless of the number of ordinances passed, homeless people still must eat, sleep, and survive in public because often no alternative is available to them. Once homeless people have been arrested for “quality of life” violations, their criminal records grow, and as a result they may be excluded from jobs and housing. Anyone incarcerated at least 30 days loses Social Security benefits during incarceration. Also, if an individual receiving benefits is found to have an outstanding warrant, she or he can be denied benefits. The Social Security Administration has gone so far as to grant agencies an “incentive” of $400 per person found to be in violation. In addition, when homeless persons do not follow through with the process of criminal justice, such as failing to pay traffic tickets or not appearing in court, warrants are issued for their arrest and they may be subjected to further charges and/or jail time. Money used to pay fines might otherwise be used for housing or other needs. Finally, it may be difficult for homeless people to maintain the mandated relationship with parole officers or with community service organizations. Many homeless people lose all their possessions, even difficult-to-obtain IDs, when they are arrested. In addition, police harassment causes homeless people to miss appointments and/or interviews, reinforcing their status as second-class citizens. Homeless persons who are employed at the time of arrest and who are held in jail may lose their current jobs. Even when people are only given citations and are not arrested, the police may use the threat of arrest to intimidate individuals without housing. Thus, there are many hidden effects of these policies. Policies of criminalization defeat their own goals of removing homeless people from public visibility because they simply create further barriers for survival and undermine individual efforts to escape homelessness. Such policies keep more people on the streets and increase problems related to homelessness. When individuals are released from jail, they are still homeless, and they have even more barriers and obstacles to overcome than before.
I
Atlanta, Georgia
n September of 2003, the Mayor of Atlanta, Shirley Franklin, issued an executive order prohibiting feeding people in public. The pretext offered for the order, that “feeding the hungry is a health hazard,” angered local advocates including Anita Beaty. In spite of the fact the Mayor’s order lacked the legal authority to prohibit public feeding, the publicity surrounding the issue produced the desired results. Many church groups and individuals believed they faced arrest if they continued offering food in parks to hungry homeless people, so they discontinued the practice.
I
Hallandale Beach, Florida
n 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.
T
Jacksonville, Florida
hree 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.
Most Americans are “Two Paychecks” away from being homeless. Help the shelter stay alive. We are trying to pay the mortgage off! To help, please send a check or money order to: COSAC Foundation Burn That Mortgage Campaign P.O. Box 292-577 Davie, Fl 33329
Little Rock, Arkansas
I
n February of 2004, homeless service providers recruited the police to assist in a count of the homeless population, and were assured when the question was asked, that the police would not use the knowledge of the locations of the camps to go back and clean the camps out. The police reassured the service providers they would not use the knowledge of the locations to do sweeps in the future. Several service providers showed the police where the camps were on a map, and a formerly homeless camper guided the police to camps that she knew of. A month later the providers started hearing that the city was going to do sweeps of these same camps. While sweeps occur at various times, most take place before major events. The opening of the Clinton Presidential Center in November seemed to be one such event that was a factor in the proposed displacements. Local advocates called on the city to delay the sweeps until after a homeless outreach fair set for September 25, and explained there was not enough shelter room. Some shelter directors were also concerned they had not been alerted in advance of the proposed sweeps. The City assumed that homeless providers would go into the camps assisting the police and “help clean them out.” The providers declined not only because they were not included in the process, but because there was nowhere they could have assisted the displaced in going, nor was there any plan in place by the City as to where they would go.
Gainesville , Florida
A
ccording to Arupa Chiarini-Freeman of the Home Van outreach organization, Gainesville laws make it essentially illegal to sleep if one is homeless. Homeless people are sometimes woken up three or four times a night and told to move on, or be arrested. People frequently sit in jail for weeks, or even months, on charges like open container or trespass. When their case finally gets to court they are sentenced to “time served.”
SHOP ONLINE AT THE HOMELESS VOICE INTERNET MALL go to www.homelessvoicemall.com
Page 5
Volume 6, Issue 1
MEANEST CITIES Key West, Florida
C
ity Manager Julio Avael recommended a plan in December of 2003, to fingerprint and photograph homeless people sleeping in city streets and parks. Avael signed an executive order instructing police officers to carry out the plan before he brought it to the attention of the city commission. Homeless people had taken to living in the mangrove wetlands of the area, but the area has been declared an endangered wetland. Interestingly, Avael promoted a plan in 2003, in which homeless people would be allowed to sleep in these wetlands, until a "safe zone" is created, but the plan encountered criticism from citizens. The city decided to enforce an ordinance that prohibits anyone from trespassing in endangered wetlands, after it was reported to have "gathered dust" because of the restriction on removing people. In addition to the concern for the wetlands, the city is also concerned with its appearance as a tourist-friendly location. Police issued warnings to people sleeping in the area and then forced them out two days later issuing tickets and threatening arrest. The City of Key West and Monroe County opened the 120-bed tent city on July 1, 2004. The facility has four military tents, several washers and dryers, and about a dozen private showers and baths. The Safe Zone is located right next to the county jail. A separate portable shower facility is located adjacent to the Key West Police Department. Rules at the facility call for people to leave the shelter with their belongings every day by 7:30 a.m., and check in at 7 p.m.
H
San Antonio, Texas
omeless people in San Antonio are especially singled out for jaywalking, something everyone does, but only homeless people seem to be ticketed for.
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Naples, Florida
n 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.
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L
Salt Lake City, Utah
ocal businesses in the downtown area pressured the police to issue citations to homeless people for trespassing. Even while waiting in line for food at the St. Vincent de Paul outreach center, people were cited.
I
Mobile, Alabama
n 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.
I
Miami, Florida
n 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.
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The Voice of the Homeless
Page 6
HOMELESS VOICE New York, New York
F
alling asleep on a subway and taking up more than one seat is ticketed as “stealing a fare,” while sleeping on a park bench is “misuse of park property.Many day labor sites, several near homeless shelters, have been targeted by the police. NYPD issued homeless day laborers waiting for work near the Bedford Atlantic Men’s shelter in Brooklyn 228 summonses in 28 days. Complaints from the community about crimes in the area, references to traffic hazards are invoked in order to justify hitting “preventively” on day laborers with charges such as trespassing (even though people live in the shelter), loitering, disorderly conduct and impeding pedestrian traffic. Within the first week of Picture the Homeless members doing outreach at the site, one member was arrested, and another was issued a summons for standing on the sidewalk engaging in a conversation with the day laborers. Clearly, this ticketing policy is not enforced on other sidewalks with non-homeless appearing passersby. The New York Police Department put an officer on trial in July of 2004, for refusing to arrest a homeless man who was sleeping in a parking garage in 2002. The officer’s attorney accused officials of punishing his client for “following his conscience” and says the officer “saw the homeless as people and showed them dignity and respect.” The lawyer for the police department argued the officer’s personal beliefs are “completely irrelevant.” However, others note the officer had previously arrested “vagrants” and had possibly had other concerns at the time that he did not arrest the man.
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he criminalization of the homeless makes the struggle to survive on the streets even more difficult, depressing, demoralizing, and frightening; especially as the criminal justice system can itself act as a major barrier to individual efforts to escape homelessness. Regardless of the number of ordinances passed, homeless people still must eat, sleep, and survive in public because often no alternative is available to them. Once homeless people have been arrested for “quality of life” violations, their criminal records grow, and as a result they may be excluded from jobs and housing. Anyone incarcerated at least 30 days loses Social Security benefits during incarceration. Also, if an individual receiving benefits is found to have an outstanding warrant, she or he can be denied benefits. The Social Security Administration has gone so far as to grant agencies an “incentive” of $400 per person found to be in violation. In addition, when homeless persons do not follow through with the process of criminal justice, such as failing to pay traffic tickets or not appearing in court, warrants are issued for their arrest and they may be subjected to further charges and/or jail time. Money used to pay fines might be used for housing or other needs. Finally, it may be difficult to homeless people to maintain the mandated relationships with parole officers or with community service organizations. Many homeless people lose all their possessions, even difficult to find IDs, when
Once homeless people have been arrested for “quality of life” violations, their criminal records grow, and as a result they may be excluded from jobs and housing. they are arrested. In addition, police harassment causes homeless people to miss appointments and/or interviews, reinforcing their status as second-class citizens. Homeless persons who are employed at the time of arrest and who are held in jail may lose their current jobs. Even when people are only given citations and are not arrested, the police may use the threat of arrest to intimidate individuals without housing. Thus, there are many hidden effects of these policies. Policies of criminalization defeat their own goals of removing homeless people from public visibility because they simply create further barriers for survival and undermine individual efforts to escape homelessness. Such policies keep more people on the streets and increase problems related to homelessness. Such policies keep more people on the streets and increase problems related to homelessness. When individuals are released from jail, they are still homeless, and they have even more barriers and obstacles to overcome than before.
SHOP ONLINE AT THE HOMELESS VOICE INTERNET MALL go to www.homelessvoicemall.com
Page 7
Volume 6, Issue 1
MEANEST CITIES
We are looking for churches and/or other organizations to get involved by feeding our sheep two times a month. Call 954-924-3571
LOOKING FOR VOLUNTEER REPORTERS
W
e need your help with our building fund. We are getting closer and closer to reaching our goal. How can you help? 3 easy ways to help. 1.) get your church or school involved in a penny drive 2.) check out page 2 and help with the friends of the homeless column. 3.) donate directly to the building fund . Make this your New Years resolution.
HELP PAY OFF OUR MORTGAGE We need just 37,013 people to send in a check for $20.00, Or 14,805 people to send in a check for $50.00, Or 7,403 people to send in a check for $100.00, Or 741 people to send in a check for $1,000, Or Just one wonderful person or business to send a check for the entire $740,250.00 Remember the donation is tax deductible!! Please send your checks to:
The COSAC Building Fund P.O. Box 292-577 Davie, Florida 33329 We do thank you
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Donate Online or Send check or money order to: P.O. Box 292577 Davie, Fl 33329
HOMELESS HOMELESS
VOICE VOICE
So please do not get mad at our vendors if you are holding up money and they do not come to your car. • I know this will be a big pain • We can only do medians for now • We are going to court
Meanest Cities
1. Little Rock, Arkansas 2. Atlanta, Georgia 3. Cincinnati, Ohio 4. Las Vegas, Nevada 5. Gainesville, Florida 6. New York City, New York 7. Los Angeles, California 8. San Francisco, California 9. Honolulu, Hawaii 10. Austin, Texas
Meanest States
1. California 2. Florida 3. Hawaii 4. Texas
11. Sarasota, Florida 12. Key West, Florida 13. Nashville, Tennessee 14. Berkeley, California 15. Dallas, Texas 16. Fresno, California 17. San Antonio, Texas 18. Milwaukee, Wisconsin 19. St. Paul, Minnesota 20. Manchester, New Hampshire