PEDESTRIAN DEATHS AND HOMELESSNESS
Distracted drivers, not panhandling, harms the unhoused — the most consistent pedestrians — argues Mary Stewart.
HOMELESSVOICE.ORG APRIL 2 023
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2 April 2023 Publisher Sean Cononie Executive Editor Mark Targett Editor-in-Chief Andrew Fraieli Cover design and photo illustration by Andrew Fraieli COSAC Foundation PO Box 292-577 Davie, FL 33329 954-924-3571 Vendor and client Michael White | Photo by Miranda Schumes
Contributers Robert Davis Mary Stewart McKenna Harford
By Mary Stewart
By Robert Davis
By McKenna Harford
Mary Stewart
April 2023 THE HOMELESS VOICE 3 Check out our previous issues and other stories at Homelessvoice.org VOL. 24 ISSUE 2, APRIL 2023 Pedestrian Deaths and Homelessness A first-person account of pedestrian challenges while homeless
8 COVER No Solution in Sight in Palm Beach County Housing solutions are pushing low-income and homeless to rural areas. By
12 FIRST-PERSON PanhandlingJacksonville Law called 'Grossly Hypocritical' The excuse of pedestrian safety was used to justify it.
4 NEWS
Aims to Ban Rent Control Difficult now, local governments could be banned all together from enacting it.
Florida
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4
NEWS
Photo illustration by Andrew Fraieli
Advocates JacksonvilleSay Panhandling Law is 'Grossly Hypocritical'
The excsues of pedestrain safety has been used as justification for passing the law.
By Robert Davis
Advocates say a new law designed to regulate panhandling in Jacksonville is “grossly hypocritical” as the city looks for ways to lower its number of traffic deaths.
On February 14, Jacksonville’s city council passed an ordinance by a 16-3 margin that prohibits “any physical interaction between a pedestrian and an occupant of a motor vehicle” such as giving homeless panhandlers money or food. It also prohibits people from selling items on the medians unless they receive a permit from the city.
The Jacksonville Sheriff’s Office began enforcing the law on March 17, about 30 days after it passed.
Councilman Kevin Carrico, who introduced the legislation, said during the meeting that it is “not an attack on homelessness.” Instead, Carrico said the bill will “keep citizens safer” by regulating activity on Jacksonville’s roads.
“This is a way to make our streets a little safer,” Carrico said.
Despite the bill passing with 16 votes, some of its supporters expressed reservations about it. For instance, councilwoman Tyrona Clark-Murray said the bill could impact the ability of youth sports teams to raise money for new equipment and uniforms. It could also reduce connections between people experiencing homelessness and charitable individuals, Clark-Murray said, referring to an instance where a professional football player gave a homeless family enough money to stay at a hotel for a month.
Councilman Reggie Gaffney, Jr., who voted against the bill, said the bill is poorly timed and could negatively impact people in his district who are struggling to make ends meet.
“I can see a rise in incarcerations; I can see discrimination; I can see resisting arrest,” Gaffney said during the meeting. “I am not sure we are doing ourselves a service by passing this bill.
Advocates like John White, an English professor at the University of North Florida, described the new
ordinance as “grossly hypocritical” because the bill’s supporters failed to show a correlation between panhandling and Florida’s traffic deaths.
“This is yet another attempt by city leaders to hide the terrible effects of poverty from those who don’t wish to see it,” White wrote in an op-ed for the Florida TimesUnion.
TRAFFIC DEATHS
White argues that the need for the bill is overblown, and the data Carrico cites to back up his argument is faulty.
Carrico cites data from urban development nonprofit Smart Growth America’s 2022 Dangerous By Design report that ranks Jacksonville as the 6th most dangerous city in the U.S. for pedestrians because it had an average of 3.44 deaths per 100,000 residents between 2016 and 2020.
But a closer look at the data shows that Jacksonville’s roads are not as deadly as other Florida cities despite its high fatality rate. Between 2019 and 2020, the average number of daily walking trips increase by 60% in Jacksonville while its fatality rate increased by 0.19 points, according to SGA. The city’s fatality rate increase was lower than other Florida cities such as Daytona Beach, Cape Coral, and Lakeland—all of which saw their fatality rate increase by 0.59 points or more. To White, this data does not show a correlation between increased panhandling and the number of pedestrian injuries or deaths.
“In other words, they misuse aggregate data to hide what I believe is the real purpose of the bill: To make sure that those of us with means don’t have to encounter panhandlers when driving,” White wrote.
OTHER PANHANDLING REGULATIONS FACED LEGAL CHALLENGES
Other cities in Florida have passed similar ordinances to restrict or prohibit panhandling near public roadways.
In 2018, The City of Ocala updated its panhandling ordinance to prohibit people from asking for help within 20 feet of a business, or near bus stops and other public transportation facilities. The ACLU of Florida and the nonprofit Southern Legal Counsel sued the city in April 2021 and argued that the law was overbroad and violated the First and Fourteenth Amendments by requiring police officers to examine a person’s speech before enforcing the law. The city repealed the contested part of its ordinance in September 2021, according to the Ocala Gazette.
Clay County, which includes Lakeside and Fleming Island, voted to introduce new restrictions on panhandling near public roads in January 2023, WJCT News reported. County Commissioners said they believe their ordinance will withstand legal scrutiny because it only applies to unincorporated areas of the county and does not preempt and local laws.
Commissioner Alexandra Compere was the only one to oppose the bill, calling it an “all-or-nothing proposition.” Board Vice Chairman Jim Renninger acknowledged it isn’t a perfect bill, but it is meant to address “public outcry to stop this soliciting money along the highway,” WJTC reported.
April 2023 THE HOMELESS VOICE 5
NEWS
“I am not sure we are doing ourselves a service by passing this bill."
Florida Aims to Approve Legislation Banning Rent Control by Local Governments
The bill is expected to be approved by the Florida House, aiming funds towards rental and morgage assistance and tax incentives for developers offering affordable housing.
By McKenna Harford
6 April 2023 NEWS
Sen. Alexis Calatayud, R-Miami is main sponsor of the "Live Local Act" which was approved by the State Senate on March 8 | Courtesy of Colin Hackley for News Service of Florida
Florida House legislators will be taking up an affordable housing bill that could potentially change the state’s housing landscape with over $700 million in investments, but would also ban municipalities from enacting rent control.
State senators voted unanimously on March 8 to approve Senate Bill 102, known as the Live Local Act, which would provide tax incentives for developers offering affordable housing, increase funding for rental and mortgage assistance programs, expand multifamily zoning and prohibit rent control. The bill defines affordable rent and mortgage as not more than 30% of household income.
Sen. Alexis Calatayud, R-Miami, who sponsored the bill, said it encourages a number of options to increase the supply of affordable housing and is a proactive measure to tackle the housing shortage. Investments include $252 million for the State Housing Initiatives Partnership, $150 million a year to the State Apartment Incentive Loan and an additional $100 million for the Hometown Heroes program, which provides housing for middle-income families. The legislation also allows for property tax exemptions for nonprofit-owned land used for affordable housing and multi-family developments with at least 70 units restricted to 120% area median income or less.
“The priority of this policy, one of the main focuses, is to increase the amount of safe, affordable housing for Floridians who are here today to help deal with the enormous housing crisis we have in front of us, but also to help deal with the enormous growth that we’re experiencing every day,” Calatayud told fellow senators on March 8.
Sens. Rosalind Osgood, D-Broward, and Geraldine Thompson, D-Orlando, asked about the inclusion of the rent control prohibition, but did not push for it to be scrapped. Thompson noted rent control could help in “reining in exorbitant rents that landlords impose.”
PREVIOUS ATTEMPTS
Currently, rent control is difficult to enact in Florida because it requires a municipality to declare and prove a housing emergency, as well as get approval through an election. If approved, the rent control can only last one year and exempts luxury apartments. The prohibition in the Live Local Act would prevent municipalities from attempting this process.
Last year, Orange County became one of the first municipalities to see voters approve rent control with a 59% majority in favor of the proposal despite early controversy about the county declaring a housing emergency.
However, rent control has been delayed by a lawsuit filed by Florida Realtors and the Florida Apartment Association, which will be decided by the Florida Supreme Court.
“It is adverse and antagonistic to the public interest and to the interests of the Plaintiffs and their members to allow the Rent-Control Ordinance to be placed on the ballot or enforced by Orange County,” the associations said in their complaint, calling the ordinance “unlawful and invalid.”
Orange County Commissioner Emily Bonilla pushed back against that, telling the Orlando Sentinel that people voted to keep a roof over their heads.
“The people voted in their best interests and for rent stabilization and did not fall for the lies and
manipulation of the corporations who have been controlling the system with the money they take from everyday hardworking people,” Bonilla said.
Fear of litigation prevented St. Petersburg from asking for voter approval in 2022, but conversations are ongoing in Lake Worth Beach, which declared a housing emergency in August, according to WPTV.
IN DEFENSE
In response to her colleagues, Calatayud said rent control was a reactive measure attempting to curb costs, while the Live Local Act’s investments would create affordibility.
“Rent control caps unaffordable market rate costs,” she said. “Our legislation is an answer to reducing unaffordable market rate costs.”
Calatayud did not respond to a request for an interview with the Homeless Voice.
A freshman lawmaker, Calatayud previously worked for the Florida Department of Education and ran on a campaign of addressing economic, educational and environmental issues.
According to Department of State election records, Calatayud received $6,000 in campaign donations from political action committees representing Florida Realtors, as well as donations from the Florida Homebuilders Association and the Florida Chamber of Commerce.
Multiple organizations, including the progressive watchdog group Florida Watch and the non-partisan, nonprofit Florida Policy Institute, oppose the rent control prohibition as pre-empting local control and limiting the ability to respond to the housing crisis.
According to the Joint Center for Housing Studies at Harvard University, Florida ranks first in the nation when it comes to the percentage of people who are rent-burdened, or paying more than 30% of their household income on rent.
“The bill would silence the voices of 59% of Orange County residents, who in 2022 voted to enact a rent stabilization ordinance in response to skyrocketing housing costs in the region,” Florida Watch said in a statement. “This state mandate would take away another tool for local communities, at the request of corporate landlords and big real estate interests.”
A Florida Policy Institute statement also questions the lack of accountability and transparency provisions in the legislation.
“It is encouraging to see the state prioritizing some forms of affordable housing,” the statement says. “However, the housing prioritized is mainly focused on workforce housing (Floridians making between 80 percent and 120 percent of the area median income) without also prioritizing people making 79 percent or less of area median income.”
The concerns seem to have fallen flat with Florida Senators. During the March 8 Senate discussion, Sen. Jason Pizzo, D-Hollywood, said rent control has never been the solution and called it “socialism.”
Legislators were overwhelmingly in support of the Live Local Act, calling it transformative and historic.
“This is a major step that goes along way in alleviating the housing shortage that plagues our state,” Sen. Darryl Rouson, D-St. Petersburg, said. “This bill will not end the conversation, but it marks a new beginning in how we look at the housing shortage.”
April 2023 THE HOMELESS VOICE 7
The bill would silence the voices of 59% of Orange County residents, who in 2022 voted to enact a rent stabilization ordinance in response to skyrocketing housing costs in the region.
Distracted drivers, not panhandling, harms the most consistent pedestrian in Palm Beach County — the unhoused.
PEDESTRIAN DEATHS AND HOMELESSNESS
FLORIDA : APRIL 2023 MILES Highways By Mary Stewart Albers Conical Equal-Area Projection SCALE 1:80,000 0 3 6 9 N PEDESTRIAN AND HOMELESSNESS
It was, like any other day, a sunny afternoon. I wasn't panhandling at the moment, nor was I crossing a busy intersection — I was simply walking down Congress Avenue to check on a friend at the nearby motel.
I approached a side street and noticed a vehicle about to make a right hand turn. The driver and I locked eyes before I proceeded to cross the street. I then found myself on the hood of his car clinging for dear life, as it kept heading down Congress Avenue as though I wasn't even there.
Fortunately, we weren't moving fast, and I was able to roll off and onto the roadway. Nobody stopped to help. Instead, passing motorists honked their horns at me because I was in their way. Dazed and appalled, I limped onto the sidewalk. I could've died, but I was lucky — my only injury was a sprained knee.
Pedestrian deaths have been an issue on Florida roads for some time now, and continue to be an increasing concern.
The sunshine state is second in pedestrian deaths only to New Mexico in 2022, having held the number one spot the year before according to a report by Smart Growth America and their nonprofit program The National Complete Streets Coalition. Four of the top ten deadliest metro areas for pedestrians across the country were in Florida as well.
County by county, Palm Beach was fourth in the state for pedestrian deaths with 54 deaths — and 631 crashes — while Miami-Dade was the highest at 86 deaths and 1,785 crashes according to Florida Department of Transportation data.
Instead of properly addressing this issue, PBC saw it as an opportunity to lawfully ban panhandling under the guise of making the roads safer.
In 2015, the PBC Commissioners blamed panhandling for the uptick in pedestrian deaths and passed the county panhandling ordinance with a 5-1 vote. That ordinance was recently rescinded in response to a federal lawsuit.
Several of my homeless friends have been hit by cars — three of them have died. However, only one of them was panhandling when they were struck, while the rest were simply riding their bicycles or walking across the street.
Homeless people spend more time on the roadways than the average pedestrian, lacking the luxury of reaching our destination and returning home. Since we live outdoors, we regularly cross the street at all times of day and night, which could explain why many pedestrian fatalities involve homeless people.
As far as panhandling contributing to pedestrian deaths, I always thought that was a convenient excuse on the part of the county to ban panhandling and attack homeless people. Rather, I developed my own theory about the causes of pedestrian deaths.
I spend a lot of time on the roadways and have witnessed many drivers approach the stoplight with their cell phones in their hands. Often, they're so distracted by their phones that they don't notice when the light changes until the cars behind them honk. Also, whenever I'm trying to cross a busy intersection, most drivers making a right hand turn refuse to yield to me even when I have a walk sign. At the intersection near the Glades library, drivers regularly make left hand turns despite the fact that they don't have a green arrow and I have a walk sign.
I've concluded that cell phones, impatience and plain old narcissism are the real reasons for pedestrian
deaths. But it's much easier to blame a panhandler than it is to blame an IPhone.
My friend Dilo has been struck by cars several times while riding his bicycle. He insists that he knows what the problem is: "They don't look both ways. They only look one direction when they pull out. I've seen it many times."
Dilo may be on to something.
I've noticed myself that when cars pull out of shopping plazas, the driver usually only checks in the direction of oncoming traffic and rarely bothers to see whether a pedestrian or bicyclist is coming from the other way. But some people continue to place the blame on panhandling.
Just a few months ago, the police threatened to issue me a traffic ticket if they caught me in the median again. I pointed out that the ordinance had been rescinded, but they replied that panhandling is still a safety issue. One officer told me that a car could drive over the median and kill me. I thought that sounded ridiculous. Anyway, if that was to happen, the real issue would be reckless driving, not panhandling.
Fortunately, reality hit me before another car did. I was waiting for the bus at the corner of Lantana Rd. and Military Tr. when I heard the crash. I turned and saw three cars colliding with one another, two of which spun over the median. I hadn't been panhandling when that accident happened, but I could've been.
I've finally acknowledged that there is indeed a safety risk involved when panhandling on the roadways. I returned to Boca Raton with the resolve to start panhandling on sidewalks and only go on the median as a last resort. But, when I made it back to Boca Rio Road, I noticed that the safety rail along the sidewalk was badly dented. Apparently, vehicles can jump sidewalks too.
I think back to my late friend J-bird, who was the one person I knew who was hit by a car while panhandling. His backpack got caught on a side view mirror and he
10 April 2023 FIRST-PERSON
was dragged into traffic. He survived, but in an odd twist of fate, he was hit again and killed the following year. That time he wasn't panhandling — he was just crossing the street.
So, what can we do to make the roads safer?
First, I believe that there should be tougher laws against texting and driving. Every time someone gets a notification on their phone, they immediately check it. Then they end up scrolling through Facebook instead of watching the road. I've seen drivers do this all the time.
My friend Rooster was once hit while crossing the street. He's adamant that he looked both ways before crossing. Next thing he knew, he was airborne. He has no idea where the car came from. I personally think the car had done a U-turn. When first responders arrived, the driver's defense was that she didn't see Rooster. That’s impossible — unless she was distracted by something like her cell phone.
Second, I think that Florida's right-of-way law is outdated. In Florida, nobody is granted the right-ofway, however, the law does specify situations in which one party must yield. Motorists and pedestrians are
expected to have courtesy for one another. It would be nice if we lived in some type of utopia where everyone was courteous, but that just isn't the kind of world we live in.
As far as safety tips for pedestrians and panhandlers, I would give the following advice:
• DO wear bright colors at night
• DO cross at intersections when possible instead of jaywalking
• DO look both ways before crossing
• DO make eye contact with approaching drivers
• DON'T walk through traffic
• DON'T panhandle while wearing your backpack
And until Florida updates their right-of-way law,
pedestrians may need to yield to motorists because most of them sure aren't going to yield to you. Unfortunately, these tips may not completely protect you. When I was hit, the driver saw me and still made the turn. However, if you are careful on the roadways and aware of your surroundings, it will likely reduce your chances of being hit.
I still don't buy into the claim that panhandling contributes to pedestrian deaths, but I have conceded that it's not a safe occupation. Nevertheless, times are tough right now, and it's understandable for people to ask for a little help. Just be cautious out there on the roads — regardless of whether you're panhandling or just walking to the corner store.
April 2023 THE HOMELESS VOICE 11
Mary Stewart has experienced homelessness on and off for almost a decade, witnessing multiple friends hit by cars. |
Photo by Mary Stewart
I then found myself on the hood of his car clinging for dear life, as it kept heading down Congress Avenue as though I wasn't even there.
No Solution in Sight in Palm Beach County
Shuffled all over the county, Mary Stewart tells of her experience trying to find shelter in PBC — including being told to go as far as Belle Glade.
By Mary Stewart
12 Image
FIRST-PERSON
courtesy of Covenant Villas
Homelessness has risen throughout the country due to the pandemic, but almost nowhere more than the Sunshine State. As of May 2022, Florida had the third highest rate of homelessness in the U.S. — a total of 27,487 residents who lacked a fixed residence with almost half of them being unsheltered.
Many cities and counties throughout the U.S. have started to enforce camping bans despite the national housing crisis. Although Palm Beach County doesn't currently ban encampments, they have continued to enforce their strict trespassing laws by running homeless people out of their camps without providing many alternatives.
Recently, law enforcement ran my homeless friends out of their camps behind the Publix shopping plaza in Greenacres. Initially, the issue was with those who were sleeping on the shopping center property. My friends picked up every single piece of garbage hoping that would make a difference. But it didn't.
One friend was placed in a halfway house through the Changing Lives of Boca outreach ministry. Another friend had a steady job and was trying to save money for an apartment. He simply moved his camp behind the fence. My friend Dilo worked very hard on setting up his camp and thought that he was fine because he wasn't camping on Publix property. He was wrong.
Just a few days later, a work crew began tearing down the woods behind the shopping plaza, claiming that a nearby apartment complex received approval to expand their development. Dilo was crushed. He moved everything that he could carry to a vacant lot across the street.
My other friend moved his camp back to where it originally was and told me that he was hoping to be in an apartment within the next two weeks but that most available units were beyond his price range. The following day, his camp was torn down and his meager belongings discarded.
It's not necessarily unreasonable for law enforcement to force the homeless out of their camps if the property owner complains. But where do you expect someone to sleep if they can't afford the increased cost of living? So far, there doesn't seem to be an answer to this question. Even the homeless outreach workers are frustrated by the lack of options for their clients.
Palm Beach County offers homeless residents up to 90 days of shelter at the Lewis Center followed by placement through Rapid Rehousing. I personally notified the Homeless Outreach Team about the situation in Greenacres, but my friends insisted that no one had come out to assess them for homeless services.
Tanisha of PBC Homeless Outreach stated that she did tell the caseworker assigned to Greenacres and that the caseworker went out there to offer assistance but the local homeless crew wasn't around that day. She gave me a phone number to pass on to my friends so they can be assessed for services, but some of them don't have a phone.
Although many of my friends are willing to seek help, they have some valid reservations. Rapid Rehousing has been struggling to find affordable permanent residences for the homeless unless the client is willing to move to the sugar cane fields in Belle Glade.
I became homeless again after fleeing an abusive marriage and am currently working with Rapid Rehousing. My caseworker identified my credit score and income level as being barriers to placement. I improved my credit rating, but she said she still couldn't find me an apartment because my income needed to be two to three times the rental amount.
Wait a minute! The cheapest one bedroom rentals cost $1400 to $1800 per month. So what they're telling me is that they're unable to provide assistance unless I earn $3000 to $5000 per month? If I made that much money, I wouldn't need housing assistance!
However, my caseworker said that she could probably find me a place in Belle Glade.This recommendation
April 2023 THE HOMELESS VOICE 13
She told me that some rental units are still going for only $900 to $1000 per month in Belle Glade, which is half the average cost of rent for the eastern section of the County.
Mary Stewart was told Belle Glade, Florida was the only region where Rapid Re-housing could find a place for her. | Photo via Flickr
seems to be the norm. I know a homeless couple who was told the same thing from Rapid Rehousing. Both of them have jobs, but they have a recent eviction on their credit. Apparently, the only landlords willing to rent to them are in Belle Glade.
My initial assumption was that the County was just trying to get rid of the homeless by shipping us out west, but Vanessa of Rapid Rehousing explained that the problem is actually the insanely expensive rent and strict rental requirements. She told me that some rental units are still going for only $900 to $1000 per month in Belle Glade, which is half the average cost of rent for the eastern section of the County.
She offered the alternative of moving into a halfway house. While it would be a break from the mosquitoes, halfway houses aren't a long-term housing solution. Most halfway houses charge at least $200 per week, and you don't even have your own bedroom. If you drink a beer, violate curfew, or have too many write ups, you get kicked out and forfeit your rent.
Now, I have heard a few halfway house success stories, but have never lasted long in one myself. Personally, I'd rather spend my money on paying taxes and reinstating my license than waste it on a temporary place of residence.
When I suggested a halfway house to Dilo, he responded, "Those places sound like a gimmick to me. After so long, you have to start paying rent yourself for sharing a bedroom. Plus, you have to follow rules and live with other addicts who steal your stuff. It's not
worth it."
Vanessa also suggested renting a room. I'm going to consider that option, but after having a few nightmarish roommate experiences, I don't really like the idea of sharing an apartment with someone who I don't already know and have a rapport with.
Additionally, my SSI benefits may be reduced for accepting housing assistance. Yep. It's called receiving help from another source. I'm trying to pay off my court costs and panhandling fines to have my license reinstated. Moving indoors could actually inhibit me from reaching my goals.
However, most homeless people I know, myself included, would agree to move into their own apartment if that option was offered. But with the increased cost
of living, that simply isn't feasible. Case workers are trying their best to help the homeless, but it seems as though their hands are tied.
Law enforcement has been running the homeless out of their encampments for years. It's nothing new. As the saying out here goes, "All good camps come to an end." However, it's cruel to ban camping during a housing crisis. The reality is that not everyone can afford the increased cost of living, and the assistance programs are struggling to place clients in affordable units.
Dilo's new camp is a sad-looking replica of the camp he had previously built. He's more than willing to seek help and get off the street. "I'd like to go into the Lewis Center", he told me, "but they want everyone to move to Belle Glade. Who wants to live out there?"
14 April 2023
While it would be a break from the mosquitoes, halfway houses aren't a long-term housing solution.
April 2023 THE HOMELESS VOICE 15 NEWS We want to know your story, and help as much as we can. Email us at andrew@homelessvoice.org Is Your Public University Tuition Waived Due to Homelessness? Want it to be?
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