THE WAY OF RIGHTS AND THE RIGHT OF WAY: PANHANDLING AND RIGHTS IN PUBLIC SPACE by Mario Berti Bachelor of Arts (Psychology) Bachelor of Arts (Criminology) Certificate of Liberal Arts THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS In the Department of Geography © Mario Berti 2009 SIMON FRASER UNIVERSITY Fall 2009 All rights reserved. This work may not be reproduced in whole or in part, by photocopy or other means, without permission of the author. •J•• APPROVAL Name: Mario Berti Degree: Master of Arts Title of Thesis: The Way of Rights and the Right of Way: Panhandling and rights in public space Examining Committee: Chair: Dr. Eugene McCann Associate Professor, Department of Geography Dr. Nicholas Blomley Senior Supervisor Professor, Department of Geography Dr. Geoff Mann Supervisor Assistant Professor, Department of Geography Dr. Robert Menzies External Examiner Professor, Department of Sociology and Anthropology Date Defended/Approved: I 7 ' ii SIMON FRASER UNIVERSITY LIBRARY Declaration of Partial Copyrig ht Licence The author, whose copyright is declared on the title page of this work, has granted to Simon Fraser University the right to lend this thesis, project or extended essay to users of the Simon Fraser University Library, and to make partial or single copies only for such users or in response to a request from the library of any other university, or other educational institution, on its own behalf or for one of its users. 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Simon Fraser University Library Burnaby, BC, Canada Revised: Spring 2009 SIlvlON FRASEll UNIV I~St Y THlNK,I:NG OF THE WOiH.D STATEMENT OF ETHICS APPROVAL The author, whose name appears on the title page of this work, has obtained, for the research described in this work, either: (a) Human research ethics approval from the Simon Fraser University Office of Research Ethics, or (b) Advance approval of the animal care protocol from the University Animal Care Committee of Simon Fraser University; or has conducted the research (c) as a co-investigator, in a research project approved in advance, or (d) as a member of a course approved in advance for minimal risk human research, by the Office of Research Ethics. A copy of the approval letter has been filed at the Theses Office of the University Library at the time of submission of this thesis or project. The original application for approval and letter of approval are fiied with the relevant offices. Inquiries may be directed to those authorities. Bennett Library Simon Fraser University Burnaby, BC, Canada Last revision: Summer 2007 ABSTRACT There is a tradition within geography of calls for inclusivity gained by the "cry­ and-demand" on the part of those marginalized to claim rights in and to public space. However, the utility of rights as a tool for gaining social justice bears closer inspection. Using as an example debates around the Safe Streets Act in British Columbia, I interview panhandlers to test the convergence between their lived-experiences and the dominant rights-discourse used in debates around the law. This reveals a gap between the reality of being marginalized on the street, and dominant rights-based narratives. Furthermore, panhandlers question whether they can assert even the limited forms of rights available to them. I suggest that the problem is deeply inherent in rights themselves: specifically, in a strong liberal-ontology present in rights-discourse, which views individuals as isolated monads and limits discussion of alternative strategies for social justice while masking the everyday realities of oppression. Keywords: Rights, Panhandling, Begging, Right to the City, Public Space, Liberalism. iii ACKNOWLEDGEMENTS While such projects are generally thought to be undertaken alone, they are certainly not accomplished in isolation. First and foremost, lowe great thanks to Nick Blomley who offered sage advice, helpful insights, and a fine sense of humor whilst suffering through my various earlier incarnations of this project. His skill at Jenga was particularly helpful. Geoff Mann provided thoughtful questions, and general critical (and supportive) commentary which will provide food for thought for some time to come. Thanks also must go to: The external examiner, Bob Menzies, who proved to be a critical and informed reader whose comments and questions helped to focus the project in my mind; Eugene McCann, who served as chair of my defense, and still managed to sneak in questions. Overall, the Department of Geography at SFU has been a supportive and stimulating environment; special thanks must go to Valerie Crooks, IIja Tromp-van Meerveld, Janet Sturgeon, and Nick Hedley. Paul Kingsbury deserves special note for providing heartfelt support and sage advice when needed, as well as being a focal point for departmental spirit in general. Jeff Sommers, as a good friend and colleague, provided a voice of sanity and reflection, as well as assisting in various ways throughout. My graduate cohort, who invigorated my experience by providing shared moments of frivolity and shared moments of insight, in approximately equal measure. Special thanks must go to Mutche, Safferton, and of course, my iv accomplice in various ambitious endeavours, Dawn Hoogeveen. The graduate community in the department overall provided similar moments of reflection mixed with good fun. Special thanks go to Rob Humphries, Sean Robertson, Micheal Vonn, Klaus Edenhoffer, Karen Hiesler, Jesse Proudfoot, and Priya Vadi. It is through these people that I was encouraged to reach for insights. If there are places in this project where my reach has exceeded my grasp, they are my sole responsibility. v I,· I TABLE OF CONTENTS Approval ii Abstract iii Acknowledgements iv Table of Contents iv Foreword .... 11 •••••••• 111 ••••••• 11 •••••• 11 •• 11 ••••••••••••••••••••••••• 11 •••••••••••••••••• 11 ••••••••••••••• 11.111111 ••••••• 11 viii 1: Conceptual Background 1 1.1 Rights? 3 1.2 Rights and Geography? 5 1.2.1 Public space as Political Space 6 1.2.2 The Right to the City 9 1.3 Legal Consciousness 13 2: Contextual Background 18 2.1 Disorder and the Fear of "Street People" as a Political Issue in Vancouver 18 2.2 Broken Windows 19 2.3 The Rise of Neoliberalism 22 3: The Common Discourse of rights with regard to panhandling 32 3.1 Competing Rights (Mobility vs. Expression) 32 3.2 Judicial interpretations of rights with regard to panhandling 35 3.3 Rights and Political Subjectivity? 37 4: The Law's Liberal imagination 39 4.1 Equality - (or, interpreting rights) .40 4.2 The Atomistic Individual v. The State 45 4.3 Rights and the City 47 5: Research Questions 49 5.1 Methods 52 6: What rights do panhandlers see as being most at issue in their everyday lives in general, and whilst begging in particular? 55 6.1 Safe Streets? 57 6.2 Expression? 62 6.3 Why do you Panhandle? 65 6.4 Summary - In Their Words 67 vi , I, I 7: Panhandlers likely to invoke their conceptions of rights? Why or why not? 68 7.1 The Legal Consciousness of Panhand lers 72 7.2 The Liberal Legal Imaginary, revisited 73 7.3 Formal Equality and Isonomy 76 7.4 Assert rig hts? 81 7.5 Summary - In their words: 86 8: Conclusion 87 8.1 What have we learned about the law? 89 8.2 What have we learned about rights? 91 8.3 'The Right to the City', revisited 93 8.4 Reflections 95 8.4.1 The way forward 95 8.5 Afterthoughts - toward a geography of rights 100 8.5.1 Exploring Boundary and Autonomy 101 Reference List 104 vii FOREWORD "I'm not looking to put a kid through college or you know, finance my condo or anything. You know what I mean? If I can eat twice a day, which you know is pretty minimum - and I don't eat great meals. Once in a blue moon someone will take me for something really great to eat. Once in a while you know. But generally I eat two fast food meals that cost about twelve dollars in total for both meals. And you know seventeen and change to get indoors. And that's all I need, you know what I mean. And some days I don't even make that.