ACLU sues state over level 3 sex offender residency law


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ACLU Residency LawsuitThe American Civil Liberties Union of Rhode Island (ACLU) today filed a class action lawsuit in U.S. District Court to challenge the constitutionality of a recently enacted law that makes it a crime for certain sex offenders to reside within 1,000 feet of a school. As part of the suit, the ACLU has requested a restraining order to halt the law’s “inconsistent” and “arbitrary” implementation before any more individuals are uprooted or made homeless.

The new statute, passed overwhelmingly in the Rhode Island House of Representatives under the leadership of Speaker Nicholas Mattiello, is unconstitutional on three grounds, says Attorney John MacDonald, who filed the suit with Attorney Lynette Labringer today.

The statute is unconstitutionally vague, says MacDonald, with no definition of what constitutes a school in the law. Further, there are no guidelines offered as to how to measure the 1000 feet required under the mandate. Different law enforcement agencies use different systems operating under different parameters. A resident might be told he is safe by one agency, only to be ordered to move by another.

The law is unconstitutional because it violates due process. Level 3 sex offenders are banished from their property and their liberty under this statute, says MacDonald, and they have no recourse to a hearing unless they want to be arrested and charged in violation of the law.

The third constitutional violation occurs because under this statute, people who have already paid for their crimes are being further punished in having to move under threat of arrest.

The statute does not increase public safety, says MacDonald, and the homeless advocates in attendance at the press conference all agreed with this assessment. It is better to know where level 3 sex offenders are living, “but we have uprooted them and sent them to Harrington Hall, the only place that can house them.”

Jim Ryczek, who heads up the Rhode Island Coalition for the Homeless (RICH), is in full support of the lawsuit. “We are proud to have helped keep communities safe,” said Ryczek, adding that the three factors that keep people from re-offending are stable housing, employment and treatment. The law, if it is allowed to stand, threatens all three of these factors.

Not only is there no evidence that this law might help Rhode Islanders, this law “may have an opposite effect” says Ryczek.

Sol Rodriguez, executive director of OpenDoors, read her statement, saying, “People affected are being forced out of their apartments; some are homeowners, have families, are sick, disabled, and some live in nursing homes. Some are family caretakers. They have served the sentence imposed for their crimes and are known to law enforcement due to sex offender registry laws. This law will further destabilize this population.”

Jean M. Johnson is executive director of House of Hope CDC which manages Harrington Hall. Presently, this is the only facility that can house homeless, level 3 sex offenders in the state. During Wednesday night’s rain storm, “160 gentlemen inhabited Harrington Hall,” she said, “we are a 120 bed facility. We have always had level 1, 2 and 3 offenders stay with us. We are the shelter of last resort, we don’t turn anyone away.”

On Monday night, when the law is to be in full effect, 30 level 3 sex offenders could show up at Harrington Hall, in Speaker Mattiello’s district.

The new law, says Johnson, is “unjust and unfair.”

Beyond the issues of constitutionality and public safety, says Steve Brown, executive director of the RI ACLU, the law makes no sense. Many level 3 sex offenders were convicted for crimes against adults, and against adults they knew personally. These men are presently allowed to travel near and be around schools, but under the law are not allowed to keep in an apartment near a school, when the schools are empty.

As far as simply finding an apartment elsewhere, this is not really an option, said Jim Ryczek. Many landlords will not rent to a level 3 sex offender. Finding an affordable location that satisfies the 1000 feet limit in the amount of time available is all but impossible.

In Providence, 30 men have been told that they will have to move. A reporter at the press conference said that Speaker Mattiello was “getting pressure” to address the situation at Harrington Hall, but Jean Johnson said that no one from the Speaker’s office has reached out to her.

More information is available here.

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Homeless shelters over capacity for winter storm


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Harrington Hall, after being dug out of the snow.
Harrington Hall, after being dug out of the snow.

If you think all the snow and wind this week was an inconvenience on your life, think of what it was like for homeless Rhode Islanders.

“Just about everyone was in a shelter,” said Barbara Kalil, an outreach worker for the Rhode Island Homeless Advocacy Project.

On Monday evening, between 5 and 8pm, just as the winds were starting to pick up, Kalil and others scoured downtown Providence and the South Side one more time, looking for people still on the streets. She found five, and got them into shelters. But it’s safe to assume not everyone in Rhode Island made it into a shelter.

John Freitas, also an outreach worker and Kalil’s husband, said he knew of a small group of men on Cranston Street who planned to stay in their tents through the winter storm. “I hope they went in when the wind started to really blow,” Freitas said. “A lot of them had tried the shelter system and it just didn’t work for them.”

The shelters were willing to take anyone and everyone who needed a warm, safe, dry spot to spend the storm. Even people who had previously been banned from shelters were allowed to stay on Monday night, no questions asked, said Karen Santilli, spokeswoman for Crossroads RI.

“We would not turn anyone away,” she said.

Crossroads RI typically provides shelter for 61 people – 41 in the women’s shelter and another 10 men and 10 women. But on Monday night through Wednesday morning, there were 85 people. Some 25 people slept on the community room floor. A family came in Monday night, as did a man whose car broke down after being discharged from the hospital.

“Things went well,” said Santilli. “Uneventful, which is how we like them.”

Harrington Hall, which has 120 beds, housed 124 people – plus six employees – for the duration of the storm.

Just last week, there were more than 140 men sharing the 120 beds at Harrington Hall. But because Providence shelters – such as Crossroads, Emmanuel House and the Providence Rescue Mission – were offering extra space, the load was actually lightened on the state-funded shelter in Cranston.

“It wasn’t our busiest night,” said Jean Johnson, the executive director of House of Hope, which runs Harrington Hall. “It was actually very calm. People watched TV, played cards, played chess. Everyone was really cooperative.”

The Seamen’s Church Institute in Newport, a day shelter, stayed open through the storm to accommodate the extra need for beds in the City-by-the-Sea. More than 20 people stayed for two nights, said superintendent Michelle Duga-Erb. They had a big feast on Tuesday, and plow drivers stopped in throughout the nights for coffee and a rest.

“Our mission is to be a safe haven,” Duga-Erb said.

General officers tour Harrington Hall, affirm value of social safety net


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Jim Ryczek and Gina Raimondo

Four of the five newly elected general officers – Governor Gina Raimondo, Lt. Governor Dan McKee, Secretary of State Nellie Gorbea and General Treasurer Seth Magaziner – toured Harrington Hall, a homeless shelter in Cranston, on Tuesday to garner the support needed to end homelessness in Rhode Island.

There are over 1,000 people in Rhode Island experiencing homelessness, a crisis for any society, but a moral crisis for a country as rich as ours.

Rhode Island has been chosen to participate in Zero: 2016, a national campaign to end homelessness among veterans and the chronically homeless by the end on 2016. Union leaders Lynn Loveday, George Nee and J. Michael Downey have pledged to support Zero: 2016. Now they are looking to elected officials for their support.

DSC_9591Jim Ryczek, executive director of the Rhode Island Coalition for the Homeless, opened the press conference at Harrington Hall reading off some of the sobering results of last December’s homeless census, in which 500 volunteers asked 855 homeless men and women about their lives in order to construct a Vulnerability Index for all homeless Rhode Islanders.

In Rhode Island, homeless adults range in age from 19 to 85, with the median age being 45 years old. 68% identify as male, 32% as female. About a third are sleeping outside, not in shelters.  This means on the street, sidewalk or doorway, in a car, in a park, on the beach, in cemeteries, or in abandoned buildings. 58% have been homeless for more than two years. 7% are veterans.

The homeless cost us in terms of social services. 64% use emergency rooms for medical care. 39% have had interactions with the police. 4 in 10 have been transported by ambulance and about a third have received in-patient hospitalization. Being homeless is unsafe. 29% have been attacked while homeless. About half have admitted to needing psychiatric treatment and visited the ER for mental health reasons. A third have learning disabilities, and a quarter have brain injuries.

Governor Raimondo said, “I love the goal of ending homelessness, and we know how to. Build affordable housing and get people homes… and by the way, building affordable housing puts people to work in the process…”

“Some other public policy issues are a lot harder and take a lot more time,” said Secretary of State Nellie Gorbea, “affordable housing is a case of, there isn’t affordable housing, you build it, you build wrap-around supportive services around it and you save money in the end and save lives. What could be better than that?”

General Treasurer Seth Magaziner got to the heart of the issue when he refuted the fantasy of eliminating the social safety net. “No matter how many jobs we have, no matter how strong our economy is, there are always going to be people who need help. There are always going to be people, whether it’s a disability, mental or physical, or it’s just bad luck, who are going to need help and going to need support.”

George Nee put it simply when he said, “We know what to do. We know what works… it’s been demonstrated.”

Homelessness is a problem with a solution. Solving the problem is a moral choice we can make.

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Jean Johnson, Ex. Dir. House of Hope Community Dev. Corp.

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Housing could have saved Wayne Strobel’s life


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stroble2Wayne Strobel was a father, a fisherman and a self employed mechanic.

He also struggled with alcoholism, and often lived on the streets. Until one night earlier this year he was hit by a car while crossing Pontiac Avenue in Cranston. He died months later, still in the hospital. He was 52 years old.

“We can do better than allowing the homeless to die on our streets,” said Barbara Kalil, an outreach worker for the Rhode Island Homeless Advocacy Project. She and Strobel both lived at Camp Runamuck, an upstart intentional community of homeless people that formed in Providence in 2009.

RIHAP is having a candlelight vigil for Strobel at 6:30 tonight at Harrington Hall in Cranston. They say Strobel is at least the sixth person in Rhode Island this year to lose their life to homelessness.

“All of us at House of Hope CDC are saddened at the passing of Mr. Strobel,” says Jean Johnson, executive director of House of Hope. “We look forward to a day in Rhode Island when no one has to die homeless. It’s a vision that keeps us going in our work to house the chronically homeless and the comprehensive services we provide at Harrington Hall.”

According to RIHAP’s press release: “Advocates point to last year’s decrease in the amount of Rhode Islanders experiencing homelessness as illustrating the importance of housing. After climbing for five years, the number of homeless Rhode Islanders fell from 4,868 in 2012 to 4,447 in 2013. While some of this drop is attributable to the economic recovery, a significant portion comes from the $750,000 for rental vouchers approved last year by the General Assembly. Those vouchers mean more than 125 of the most vulnerable homeless people are either housed or in the process of being housed.

The vouchers are called for as part of “Opening Doors Rhode Island,” which seeks to house those who find themselves homeless regardless of their situation. The State of Rhode Island has begun implementing “Opening Doors”, but deaths like Strobel’s make it abundantly clear that more needs to be done.

You can see program book for his service here.

It says:

He is survived by five brothers, Eric Strobel, Stephen Strobel, Wade Strobel, Richard Strobel, and Earl Strobel, Jr.; and two sisters, Victoria Vona and Shannon Sacchetti. He was the brother of the late Leslie Strobel.

He leaves behind several aunts and uncles whom he loved very much; along with six nieces, three nephews, six great-nieces, and three great nephews. Wayne will be remembered as a loving family man who enjoyed fishing, spending time with his two boys, and life on the water.

Homeless population shrinking in Rhode Island


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Harrington Hall at 7am Saturday morning.
Harrington Hall at 7am Saturday morning.

For the first time since 2007, the number of homeless people in Rhode Island seems to be shrinking.

An annual count by the Coalition for the Homeless shows the number of Rhode Islanders who stayed in a state shelter shrank by 9 percent – from 4,868 in 2012 to 4,447 in 2013. Additionally the number of families, children and veterans who stayed in a shelter all decreased as well.

“We have long known how to end homelessness in our state, but we have needed the funding to make it a reality,” said Jim Ryczek, executive director of the Rhode Island Coalition for the Homeless.

Providence College sociology professor Eric Hirsch, who oversees the annual count, said he thinks the decrease is a result of an improving economy and the Coalitions efforts ti implement its Open Doors plan to create permanent housing options for homeless Rhode Islanders. Last year the General Assembly approved $750,000 to create permanent housing.

“This legislative session can build on last year’s funding success by supporting legislation that continues to fund the solutions,” Ryczek said.

Hirsch added that there is a benefit to federal taxpayers to ending homelessness in Rhode Island.

“In addition to creating better outcomes for those Rhode Islanders experiencing homelessness, housing our homeless makes good, sound fiscal sense,” he said. “My research shows a cost savings of $10,000 for the typical Medicaid user who was homeless, once they become stabilized with housing.”

These are the numbers cited in the count:

  • 9% decrease in the overall number of homeless from 4,868 in 2012 to 4,447 in 2013
  • 7% decrease in homeless families from 678 in 2012 to 631 in 2013
  • 13% decrease in homeless children from 1,277 in 2012 to 1,117 in 2013
  • 12% decrease for homeless veterans from 299 in 2012 to 264 in 2013

You can read the full press release here.

Harrington Hall bathrooms not ADA compliant


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As the legislature considers investing $600,000 in Harrington Hall, the overnight shelter in Cranston, it’s worth pointing out that the conditions there are not only deplorable, they are also illegal.

In November, when I spent the night at the homeless shelter, I learned that the showers are not handicap accessible. According to the Americans with Disabilities Act, all “places of public accommodation” (even privately operated hotels) must have handicap-accessible bathing facilities “whenever typical inaccessible units are provided.”

As you can see by this picture of the shower facility at Harrington Hall, it’s not only pretty nasty, there also isn’t a safety bar:

The shower at Harrington Hall.
The shower at Harrington Hall.

The problem was explained to me by a homeless man, confined to a wheelchair, who has been staying at Harrington Hall for five years.

I slept at Harrington Hall as part of my Homeless Like Me project. It’s really worth reading my post about it.

Here are some more pictures of Harrington Hall:

Joe Borrasi reads by the light of a soda machine at Harrington Hall.
Joe Borrasi reads by the light of a soda machine at Harrington Hall.
Harrington Hall at 7am Saturday morning.
Harrington Hall at 7am Saturday morning.
Harrington Hall at 3am Saturday morning. (Photo by Bob Plain)
Harrington Hall at 3am Saturday morning. (Photo by Bob Plain)
Harrington Hall
Harrington Hall

Homeless Like Me: Lost Stars of Harrington Hall


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Harrington Hall at 3am Saturday morning.

Sleeping at Harrington Hall, the overnight shelter in Cranston, is something of a mix between being in prison and being at a frat house for old men.

The very spacious, former gymnasium/auditorium at the Pastore Center state services campus, was even once a part of the prison system. The building somehow related to the psych ward, I was told, or the “old insane asylum,” as one homeless man called it. He was happy to talk history, but not to give his name.

(I live-tweeted 48 hours of living on the streets of Providence. Click here to see them. Or here for #HomelessLikeMe project.)

It has super high ceilings and giant windows on two sides; the front door is on a third side and a stage on the other. There’s a bathroom in front and a shower room off of the stage. The showers are a source of much  consternation among the residents. They are filthy, and not handicap accessible, and two Harrington Hall regulars are confined to wheelchairs and unable to bath there as a result.

The shower at Harrington Hall.

An old wooden floor takes up the rest of the real estate and is literally lined with beds. Very uncomfortable-looking beds; like something out of WWII-era hospital. 88 of them in all, each a few feet apart from one another.

Last night, Harrington Hall had fewer guests than that, meaning I got to sleep in one of them. Most nights there are about 10 people who aren’t so lucky; they’ve been averaging 97 per evening. Late comers sleep on the stage, where the light stays on all night.

The beds are somewhat first-come-first serve, though many of the long-timers have staked claims. One man who has been here more than 5 years said he takes the bed closest to the bathroom even though it’s a high traffic area at night for its proximity to the facilities. He’s in his 70’s, in a wheelchair and – like many people who take advantage of Harrington Hall, though by no means all of them – he’s a heavy drinker.

Roughly the same view of Harrington Hall at 7am Saturday morning.

I slept in bed C3. I waited until about 10:30 to take the spot, just in case the shelter was full that evening. Which it often isn’t around holidays. The homeless, much like the rest of us, reconvene with family over the Thanksgiving weekend, I was told by some of those who weren’t so lucky.

A staffer gave me a clean sheet, there was a cover-less pillow and scratchy wool blanket waiting for me on a bumpy old mattress than had long ago lost all of its firmness. A heavy-set, shirtless guy in his fifities sleeping over in C2 snored as loud as anyone I have ever heard. The chorus of snoring throughout Harrington Hall was cartoonishly loud and melodic.

After check in opens at 4pm, a process that asks for a social security number, as well as criminal, marital, mental and employment information, we were only allowed back outside for designated smoke breaks. The staff, situated behind a table on the stage, would often bark out directives, such as “Lights out!” and “30 seconds left in the smoke break.”

Tensions sometimes ran high among the residents. There was a discrepancy about who lay proper claim to a bed, I saw a guy take considerable umbrage when another guy allegedly got too close to his belongings. Oftentimes, people would cause a commotion be simply arriving intoxicated.

Joe Borassi reads by the light of a soda machine after lights out.

For me, a first-timer, I felt like I best keep my wits about me for the duration of my stay. Staff concurred, in fact cautioned me to do so. Theft is common, they said. Only once did I let my 30-pound pack – stuffed with some emergency layers of clothes, a computer and my sleeping bag – escape my sight. I rudely jumped out of a conversation and rushed around a corner to retrieve it when I realized what I had done.

The tensest situation occurred when I approached one guy about an interview. He was in his mid-forties, and had a prosthetic leg. He stormed off – on his prosthetic leg, mind you – and offered what sounded like very unfriendly advice in Spanish as he walked away. For a good while afterwards, I could feel him staring at me from across the room. He didn’t blink when I caught him doing so. I made a very conscious decision to not meet his glare again. I made sure to talk to someone else, to send the message that I had friends.

Harrington Hall

I often overreacted after that. When I reached for my shoes at the side of the bed in the morning, I spent a good three seconds thinking that I was going to have to walk outside and get on a bus to Providence in my stocking feet because I didn’t instantly put my hand on them. It was telling how quickly I assumed the worst.

Maybe I overreacted about the guy with the prosthetic leg, too, I wondered?

The community at Harrington Hall

For all its institutional problems and shortcomings, the sense of camaraderie and community at Harrington Hall is, in a way, even more noteworthy.

Much more than they disagreed, the guys got along with one another. Some joked around, others played cards. There were dozens of micro-conversations occurring at any given minute all across Harrington Hall. Homeless people pretty much talk about the same stuff those of us with homes do when we get together: the good old days, current events, plans for the future, the weather. A group watched “Fantastic Four” on the TV beside the stage. A lot of people read books.

Word got out that I was a reporter – maybe it was the live-tweeting, or maybe it was the video interviews? – and I quickly became a curiosity. Many were eager to tell their stories, even more just wanted to talk. I represented a sort of liaison to the more-established sector of society that they are pretty much otherwise alienated from in so many tangible and intangible ways.

I’d say most people I spoke with were either clean and sober or on the road to becoming so. Some, though, were flagrantly not on that road. Many were employed, to some degree or another, some full time. A bunch of people wanted to ask about the internet, Facebook or their smart phones.

I reunited with the first friend I made in my 48 hours on the streets, Billy Cormier. It was like seeing an old friend as I felt like I had lived a lifetime since we went to Thanksgiving dinner together at the Ebenezer Baptist Church. He asked how my project was going and I tried to show him the video I put together with him. A bunch of guys huddled around my computer but my internet connection wasn’t working.

John Renaud

We all ate together, very informally, at several long tables just below the stage. Pasta with red sauce and dinner rolls; there was a second course of ham and cheese and peanut butter and jelly sandwiches. To the best of my knowledge, there was no dessert.

I sat with Paul Pisano and John Renauld. They both drink, but John much harder. As evidenced by the bandage on across his face. He struggles with booze, prescription painkillers and crack. He said he stays at the shelter, instead of outside, because it costs too much to get sufficiently high enough to be able to brave the cold winter nights. He told me he’d have the shakes in the morning, an true to his word he was in rough shape when I said good morning to him the next day.

Paul said he only drinks a little Sambuca with his morning coffee. He’s been living at Harrington for three weeks and four days, he told me, since being evicted from his apartment. He said he has pretty good luck turning odd jobs like yard work into more long-range employment. He seemed like the kind of guy you’d want to give some work to; earnest, honest and caring. He was fun to talk with and instantly struck me as a fellow seeker. He spoke of Florida like Dustin Hoffman did in Midnight Cowboy.

Paul Pisano

He talked about the community he has at Harrington Hall, and how the people and the place are helping him get through a hard patch. He doesn’t want to live there forever – no one does, I don’t think- but he recently lost both his girlfriend and his apartment and admits to being a little lost in life right now.

“Everybody calls it being homeless but I call it the lost star state,” he said to me. “Everybody has a calling, and for some people this is it.”

Other posts in #HomelessLikeMe project:

Progress Report: Hard Times for the Homeless in RI; Food Stamp Increase, Obama and Letterman Talk 47 Percent


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Downtown Providence from the Providence River. (Photo by Bob Plain)

So bad have things gotten in Rhode Island that the state’s largest homeless shelter has failed a building inspection. Jim Ryczek, executive director of the Rhode Island Coalition for the Homeless, told the Providence Journal, “It was pretty much a foregone conclusion that the shelter would not pass inspection. Harrington Hall is clearly not an acceptable place to house people.”

Unrelated, Dan Lawlor reports that homelessness has increased by about 10 percent over the last five years.

And here’s a headline that shows another sign that things are getting tougher for the poor here in Rhode Island: Food-stamp rolls jump 136% in RI, double US increase.

Meanwhile, the state is spending almost $10 million to buy land in nearby Warwick for a public park.

When taken all together, it’s little surprise Mitt Romney’s 47 percent comment didn’t make a bigger splash here in the Ocean State. . Speaking of which, here’s President Obama talking about it with David Letterman last night.

Even Paul Ryan criticized Romney’s take on the 47 percent. The Republicans running for office here in Rhode Island had no comment. I’m a little surprised the local mainstream media didn’t press them more for a comment on the matter.

New York Times numbers-cruncher Nate Silver thinks popular progressive incumbent Sheldon Whitehouse might not have his re-election campaign completely locked down. He calls Barry Hinckley an “interesting and unorthodox candidate.” Indeed, he is. He’s already on record as saying he’ll represent out-of-state interests in exchange for campaign donations. That isn’t being “libertarian-leaning” as Silver describes him, that’s called being for sale to the highest bidder.