Everybody’s Gotta Be Someplace

by | Apr 14, 2011 | Uncategorized

It’s hard to tell when this National Coalition for the Homeless (NCH) page was last updated. But it’s safe to assume that the overall situation has not improved, since whenever. The NCH page, entitled “The Criminalization of Homelessness in U.S. Cities,” says,

An unfortunate trend in cities around the country over the past 25 years has been to turn to the criminal justice system to respond to people living in public spaces. This trend includes measures that target homeless persons by making it illegal to perform life-sustaining activities in public. These measures prohibit activities such as sleeping/camping, eating, sitting, and begging in public spaces, usually including criminal penalties for violation of these laws.

Last week in Boulder, Colorado, a homeless man who was ticketed last April for sleeping in a parking garage, attempted to use an Eighth Amendment defense against the charge. That’s the one about cruel and unusual punishment. Once convicted, Michael Fitzgerald was supposed to either pay a $100 fine or do 12 hours of community service. Instead… well, let Heath Urie, staff writer for the Boulder Daily Camera, tell the story:

Fitzgerald appealed the case to the Boulder County District Court on the grounds that the city’s law against camping in public places essentially punished him for being homeless and having an involuntary need for warmth and shelter as he sleeps at night.

Yes, it looks like the rule he broke is not only cruel and unusual, but discriminatory. However, unfair as it is from the viewpoint of a person experiencing homelessness, so-called respectable society disagrees. Urie reports how Judge Lael Montgomery expressed a strangely familiar sentiment, saying,

The camping without consent ordinance applies to all persons who wish to camp in Boulder, regardless of whether they are homeless, shoestring travelers trying to avoid the cost of accommodations, or persons who merely enjoy the great outdoors.

Nobel Prize-winning author Anatole France said it decades ago:

The law, in its majestic equality, forbids the rich as well as the poor to beg in the streets, steal bread, or sleep under a bridge.

Attorney David Harrison, no doubt familiar with the classical allusion, echoed it in his argument about the city’s ordinance:

It’s certainly saying people with homes and people without homes can’t sleep under bridges… While certainly as a conceptual matter that’s true, as a practical matter (the law) targets the homeless population.

The journalist tell us that Fitzgerald is one of several local people experiencing homelessness who have challenged the tickets they’re received, on constitutional grounds. Boulder is like that. He also provides a helpful sidebar on the page, detailing the No Camping Ordinance, which has been in effect since 1980.

Recently, we talked about how in Austin, Texas, House the Homeless kept track of how many people were busted for sitting or lying down on public sidewalks in the downtown business area during 2009. Over the whole year, there were 708 convictions and 70 dismissals. The highest month was September, when 518 citations were issued. (The month-by-month count for the entire year adds up to way more than 778, so presumably, some legal processes were still going on when this survey was made.)

Anyhow, out of those mere 70 dismissals, only a paltry 52 were dismissed for mental health or medical disabilities. Statistically, what that means is, a lot of people were unfairly treated. Here’s why: In the health survey, 501 people were asked whether they needed to sit and rest now and then. The large majority answered yes. Even people who aren’t officially disabled need to sit down, occasionally. Think about it. Homes are filled with chairs. If people didn’t need them, they wouldn’t be there. People experiencing homelessness don’t have chairs. But they too need a place to sit.

(To be continued…)


Source: “A Dream Denied,” National Coalition for the Homeless
Source: “Boulder judge rejects homeless man’s appeal, upholds city’s anti-camping law,” Daily Camera, 04/08/11
Source: “Richard Troxell’s Health Survey Testimony,” House the Homeless, 07/20/10
Image by tobyotter (Toby Alter), used under its Creative Commons license.