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A Dream Denied: the Criminalization of Homelessness in U.S. Cities

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A Dream Denied: the Criminalization of Homelessness in U.S. Cities A Dream Denied: The Criminalization of Homelessness in U.S. Cities Photo courtesy of castanet.net A Report by The National Coalition for the Homeless and The National Law Center on Homelessness & Poverty January 2006 ABOUT THE NATIONAL COALITION FOR THE HOMELESS Founded in 1984, the National Coalition for the Homeless (NCH) is a private, non-profit, national advocacy organization that exists to educate all levels of society in order to identify and put to an end the social and economic causes of homelessness. NCH is the nation’s oldest and largest national homelessness advocacy organization, comprised of activists, service providers, and persons who are, or have been, homeless striving toward a single goal – to end homelessness. It is the mission of NCH to create the systemic and attitudinal changes necessary to prevent and end homelessness, while concurrently working to increase the capacity of local supportive housing and service providers to better meet the urgent needs of those families and individuals now homeless in their communities. NCH focuses its work on four policy areas: civil rights of those who are without homes, housing that is affordable to those with the lowest incomes, accessible/comprehensive health care and other needed support services, and livable incomes that make it possible to afford the basic necessities of life. The strategies we use to implement our mission are: litigation, lobbying, policy analysis, public education, community organizing, research, and providing technical assistance. For more information about our organization, membership, and access to publications such as this report, please see the form at the end of this report or visit our website at www.nationalhomeless.org Board of Directors Bob Erlenbusch Cheryl Barnes Roosevelt Darby, Jr. Philadelphia Committee to End President Washington, DC Homelessness Los Angeles Coalition to Philadelphia, PA End Hunger & Homelessness Anita Beaty Los Angeles, CA Metro Atlanta Task Force for the Brian Davis Homeless Northeast Ohio Coalition for the John Parvensky Atlanta, GA Homeless Vice-President Cleveland, OH Colorado Coalition for the Jim Cain Homeless Iowa Coalition for Housing & Denver, CO Hugh Grogan Homelessness Sioux Empire Homeless Des Moines, IA Glorin Ruiz Pastush Coalition Sioux Falls, SD Treasurer Michael Chesser La Fondita de Jesus Upstate Homeless Coalition of San Juan, PR Jennifer Hecker South Carolina National Student Campaign Greenville, SC Barbara Anderson Against Hunger & Homelessness Amherst, MA Secretary Callie Cole Haven House Services Mississippi United Against Jeffersonville, IN Rey Lopez Homelessness The King’s Outreach Meridian, MS Cabot, AR Phoebe Nelson Phillip Pappas Sandy Swank Women’s Resource Center of Pittsburgh, PA Inter-Faith Ministries North Central Washington Wichita, KS Wenatchee, WA Sue Watlov Phillips Elim Transitional Housing, Inc. Richard Troxell Gordon Packard Minneapolis, MN House the Homeless Primavera Foundation Austin, TX Tucson, AZ Louisa Stark Phoenix Consortium for the Mathias Vega Homeless Albuquerque Health Care for the Phoenix, AZ Homeless Albuquerque, NM Affiliations for identification purposes only Staff Ann Marissa Ambacher Angela Mescall Kirsten Peterson Policy Analyst Development Coordinator Policy Analyst Patricia Henry Michael O’Neill, Michael Stoops Coordinator Acting Executive Director Receptionist Faces of Homelessness Speakers’ Bureau Michelle Lee Graphic/Website Designer ABOUT THE NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY The National Law Center on Homelessness & Poverty is committed to solutions that address the causes of homelessness, not just the symptoms, and works to place and address homelessness in the larger context of poverty. To this end, we employ three main strategies: impact litigation, policy advocacy, and public education. We are a persistent and effective voice on behalf of homeless Americans, speaking effectively to federal, state, and local policy makers. We also produce investigative reports and provide legal and policy support to local organizations. You are invited to join the network of attorneys, students, advocates, activists and committed individuals who make up NLCHP’s membership network. Our network provides a forum for individuals, non-profits, and corporations to participate and learn more about using the law to advocate for solutions to homelessness. For more information about our organization, membership, and access to publications such as this report, please see the form at the end of this report or visit our website at www.nlchp.org. Board of Directors Roderick DeArment William Breakey, M.D. Jack Rothstein Co-Chairperson Treasurer Rothstein Investment Advisors Covington & Burling Community Volunteer Pamela Malester Bruce Casino Vasiliki Tsaganos Co-Chairperson Secretary Fried, Frank, Harris, Shriver & Community Volunteer Baker & Hostetler, LLP Jacobson Margaret Pfeiffer Jeannette Austin Judith Winston Vice-Chairperson Community Volunteer Winston Withers & Sullivan & Cromwell Associates Deborah Dennis Maria Foscarinis Policy Research Associates President National Law Center on Terri Montague Homelessness & Poverty Enterprise Foundation Affiliations for identification purposes only Staff Meagan Leatherbury Vibha Bhatia Naomi Stern Program Assistant Office Manager Domestic Violence Program Attorney Maria Foscarinis Allison Mitchell Rebecca Troth Executive Director Outreach Coordinator Legal Director Housing Program Attorney Michele Frome Joy Moses Operations Director Children’s Program Attorney Laurel Weir Policy Director Theresa Keeley Melanie Mullen Domestic Violence Program Attorney Development Associate Andy Zovko Women’s Law & Public Policy Fellow Development Director Tulin Ozdeger Civil Rights Program Attorney Table of Contents Acknowledgements……………………………………………………………………...6 Executive Summary……………………………………………………………..............8 I. Trends in the Criminalization of Homelessness……………………………...14 II. Criminalization Measures Violate Constitutional Rights……………………16 III. Criminalization Measures Violate Human Rights Norms…………………...18 IV. Constructive Alternatives to Criminalization………………………………...20 V. Top 20 Meanest Cities………………………………………………………….24 VI. Meanest Cities’ Narratives…………………………………………………….25 VII. Other Cities’ Narratives……………………………………………………….44 VIII. Case Summaries………………………………………………………..............79 A. Challenges to Restrictions on Sleeping, Camping, Sitting or Storing Property in Public Place……………………………………………….79 B. Challenges to Anti-Begging, Anti-Soliciting and Anti-Peddling Laws….105 C. Challenges to Vagrancy, Loitering and Curfew Laws…………………...119 D. Challenges to Restrictions on Feedings…………………………………...127 E. Miscellaneous……………………………………………………………….129 IX. Prohibited Conduct Chart……………………………………………………135 X. Appendix A. Survey Questions………………………………………………………….146 B. Sample Know Your Rights Card………………………………………....147 C. Sources for City Narratives………………………………………………148 Acknowledgements Published by the National Coalition for the Homeless and the National Law Center on Homelessness & Poverty, with outreach and organizing work by NCH’s National Homeless Civil Rights Organizing Project (NHCROP). The National Coalition for the Homeless (NCH) would like to thank the following NCH board members, NCH staff, and interns who contributed greatly to the research, writing, and layout of the report. NCH thanks Laura Searfoss (James Madison University - VA’06) and Steve McCrossan (University of North Carolina at Wilmington -‘06), who researched and co-edited the narratives and constructive alternatives sections, Mickey Hubbard (Davidson College- NC), who researched the prohibited conduct chart, Laura Dallas (Rhodes College-TN), who provided training and advisement, and Natalie Khorochev (University of California at Berkeley), who researched and wrote narratives, and Elizabeth Venable (University of California-Riverside - '09), who conducted research for the narratives and public relations work for the release of the report. She was the co-editor of NCH's Illegal to Be Homeless: The Criminalization of Homelessness in the U.S. report published in 2004. NCH also thanks Anita Beaty and Brian Davis, Co-Chairs of NCH’s Civil Rights Work Group, who provided guidance in the production of this report from beginning to end. NCH also gives thanks to the members of NCH’s Civil Rights Work Group/Grassroots Organizing Committee, who met monthly via conference call over the past year. These members provided input about the civil rights abuses that were happening in their respective cities/states. Michael Stoops, Acting Executive Director of NCH, served as an advisor and co-editor. NCH also would like to thank the numerous advocates, NCH Board Members, and friends across the country for their feedback and support, without which this report would not be possible. NCH also thanks Division of Church and Society, World Hunger, Evangelical Lutheran Church of America, Presbyterian Church (USA)/National Ministries Division, and Sidney Stern Memorial Trust for their financial support of this project. The National Law Center on Homelessness & Poverty (NLCHP) would like to thank all of the people who contributed to this report. NLCHP thanks Emily Zarins of Covington & Burling, who researched and drafted a significant portion of the case summaries section of the report, and NLCHP interns Brooke Kirkland, a third-year student at the University at Buffalo Law School, Morgen Smith, a third year student at the University of Pennsylvania Law School, and Jewel Baltimore, a third-year
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