Criminalizing Crisis : Advocacy Manual A Guide by the National Law Center on Homelessness & Poverty November 2011 1411 K Street, NW, Suite 1400 Washington, DC 20005 Phone: 202-638-2535 Fax: 202-628-2737 www.nlchp.org Advocacy Manual 1 Table of Contents Introduction………………………………………………………………………………………..4 Policy Recommendations………………………………………………………………………….4 Municipal Policies………………………………………………………………………...4 Promoting Constructive Alternatives……………………………………………………………...7 Public Education and Advocacy…………………………………………………………..7 Dispelling Myths…………………………………………………………………..7 10-Year Plans……………………………………………………………………...7 Calculating Costs………………………………………………………………….9 Public Records Requests…………………………………………………………11 Surveys…………………………………………………………………………...13 Grading Your City…………………………………………………………….…15 Media…………………………………………………………………………….15 An Advocate’s Success Story …………………………………………………...17 Legal Strategies…………………………………………………………………………………..19 Bringing Litigation……………………………………………………………………….19 Overview…………………………………………………………………………19 Constitutional Claims……………………………………...……………….……19 Human Rights Theories………………………………………………………….21 Considerations for Litigation…………………………………………………………….22 Anticipating Litigation…………………………………………………………...22 Litigation and Strategy…………………………………………………………...26 Advocacy Manual 2 Discovery………………………………………………………………………...27 Experts…………………………………………………………………………...28 Summary Judgment……………………………………………………………...28 Trial………………………………………………………………………………28 Settlement………………………………………………………………………..28 Citation Defense…………………………………………………………………29 Appendix…………………………………………………………………………………………31 Model Practices and Procedures…………………………………………………………31 Model General Police Order……………………………………………………..31 Model Policy for Cleaning Public Spaces……………………………………….34 Model Survey…………………………………………………………………………….35 Criminalization Grading Tool……………………………………………………………37 Model Press Release……………………………………………………………………..40 Prohibited Conduct Chart…………….………………………………………………….42 Case Summaries………………………………………………………………..……...…57 Additional Resources…………………………………………………………………...150 Advocacy Manual 3 Introduction This advocacy manual is meant to be a resource for individuals working on the ground to combat criminalization in their communities. In companionship with the criminalization report, advocates can use the guide to bring a national perspective to their work and make connections between their efforts and those of advocates in different programs across the country. The guide contains several tools that can be used to push local policy in a positive direction. Policy Recommendations Cities have the ability and the responsibility to take concrete steps to ensure that the rights of homeless persons are protected and to do so in a way that permanently reduces the number of people experiencing homelessness. However, it is also imperative for the federal government to provide leadership in ensuring the rights of homeless persons by discouraging criminalization on the local level. Municipal Policies to Promote Alternatives to Criminalization Establish a Council that Includes Homeless Persons, Providers, and Advocates To ensure that homeless persons’ rights are respected and that cities pursue constructive approaches to homelessness, cities should work collaboratively with people experiencing homelessness, service providers, and advocates. One way to foster such collaboration is to establish a city-level council or committee on homelessness that includes government officials, service providers, advocates, and people experiencing homelessness. If such a council or committee already exists, ensuring that people experiencing homelessness have fair representation on the committee is essential. This committee can serve as a place where concerns about criminalization measures are raised and brought to the attention of the city for appropriate corrective action. Members of the committee can also collaborate to develop appropriate responses to homelessness. Washington, D.C. for example, has an active city-level interagency council on homelessness that includes government representatives, advocates, service providers, and homeless or formerly homeless individuals. Stop Passing Laws that Criminalize Homelessness One obvious step cities can take in promoting constructive alternatives to criminalization is to simply stop passing laws that target or have a negative impact upon homeless persons. Cities should work with local service providers, advocates, and people experiencing homelessness to ensure that legislation before the city council does not negatively impact homeless persons. For example, any legislative proposals that could impact homeless persons should first be referred to a council, such as one mentioned above, that includes broad representation from people experiencing homelessness, service providers, and advocates. City council members should address all concerns raised by the council before passing legislation. Advocates should also evaluate their cities’ existing criminalization measures. Advocates can use the Law Center’s Criminalization Grading Tool, found in the Appendix, to establish a baseline Advocacy Manual 4 for their city’s criminalization measures and their frequency of enforcement, and to compare their cities to others across the country. Establish Procedures to Protect Homeless Persons’ Civil Rights In addition to not passing laws that target homeless persons, cities should take proactive measures to make sure homeless persons’ rights are not being violated. Cities should have protocols for the police department to follow when interacting with homeless persons living in public places. Such protocols should include guidance to prevent singling out homeless persons for stops, searches, and “move on” orders. In addition, protocols should include methods for police officers to connect homeless persons to services. Finally, protocols should address how police officers manage homeless persons’ belongings, if needed. A model police order covering these topics can be found in the Appendix. Cities should also establish protocols for cleaning public spaces. If homeless individuals are located in a public area that is scheduled for cleaning, the procedures should ensure that those persons’ property is not destroyed during the cleaning. The procedures should include giving people ample notice of a cleaning to allow people to move themselves and their property. In addition, the city should store and allow for later retrieval any property that is not moved prior to a cleaning. As demonstrated in earlier parts of the report, people who are homeless and living outside may be carrying extremely important items with them, such as medication or identification documents. Much care should be taken when dealing with those items. A model protocol for cleaning public spaces can be found in the Appendix. Conduct Police Trainings and Establish Liaisons An additional way to improve police interactions with homeless persons in public spaces is to conduct regular trainings of police officers on homelessness and procedures related to interactions with them. Trainings should include general information about homelessness, including its causes and solutions. Police Officers should also be trained on legal issues related to enforcement of laws against homeless persons, so they are aware of important ways to protect homeless persons’ civil rights. Collaborating with local service providers and legal services attorneys can be an efficient way to develop an appropriate curriculum. The Law Center can also serve as a resource for cities wishing to establish a training program. Establishing a homeless liaison in a police department can also help strengthen relationships between homeless persons, service providers, and the police department. Having one or several officers that serve as a point person in the department on homelessness issues can help build relationships with service providers to help connect homeless people to services. Homeless liaisons often meet regularly with service providers, participate in homelessness councils, and attempt to build relationships with chronically homeless individuals in their cities. They may also help create and review police policies that will have an impact on homeless people. Such a liaison can also serve as a guiding resource for officers in their interactions with homeless persons. The Law Center described one such example of homeless liaisons in a former publication on criminalization with the case of Broward County, FL, where an organization called the Taskforce for Ending Homelessness, Inc. partnered with the local police department to Advocacy Manual 5 develop the Homeless Outreach Team. The Team provides outreach services for homeless individuals and collaborates with local shelters. In 2005 it consisted of two full-time police officers, two part-time officers, and a formerly homeless civilian partner. The Taskforce also collaborated with the police department to develop a course on homelessness. 1 Provide More Affordable Housing and Other Resources Finally, cities must provide additional affordable housing, supportive housing, and other resources. As described in the Criminalization Report, the lack of affordable housing in the U.S. is one of the most significant reasons individuals and families become homeless. Unsheltered homeless people are often cited for performing necessary and life-sustaining activities in public places despite having no legal place to perform such activities. This criminalization creates barriers to employment, housing, and services