House of Hope – RI Future

2015-12-16 RIACLU Press Criminalized Poverty 005 — Michael Monteiro

The Rhode island ACLU today launched the “first of a series” of lawsuits aimed at the current trend of municipalities to criminalize poverty and homelessness. At issue is Michael Monteiro, a 57 year old disabled man who until recently supplemented his disability payments by asking for money on a median strip in Cranston, holding a sign that says, “disabled, need help, God bless.”

On June 30 a Cranston police officer wrote Monteiro a court summons for soliciting money. The charge was ultimately dismissed, but the judge ordered Monteiro to stay away from the area or face arrest. This was Monteiro’s second run in with this law in Cranston, after having been arrested twice for the offense in Providence, where he lives.

2015-12-16 RIACLU Press Criminalized Poverty 002 — Marc Gursky

Attorney Marc Gursky, representing Monteiro, says the ordinance prohibits individuals from soliciting for money, but is selectively enforced against people like Monteiro, and not against fire fighters, cheerleaders or little league teams. Monteiro said that when he sees the cheerleaders on the median where he usually solicits donations, he leaves for the day.

Gursky also alleges that the ordinance violates the free speech clause of the Constitution. It cannot be against the law to ask for help, or to request money. If the issue is truly one of traffic and safety, says Gursky, the city should address the problem of traffic and safety, not free speech.

2015-12-16 RIACLU Press Criminalized Poverty 003 — Megan Smith

Megan Smith, an outreach worker and case manager with House of Hope‘s PATH program, said that cities and municipalities across the nation are dealing with the problem of homelessness and poverty by criminalizing those who are homeless and poor. Arrest places the burden of a criminal record on those affected, making it more difficult to get people the help they need.

“Poverty should make us uncomfortable,” said Smith, but these ordinances are attempts to hide the problem from sight, not to help people.

Steve Brown, executive director of the RI ACLU, said that there is no timeline on when future lawsuits will be undertaken on this issue, but that Providence and Pawtucket both have similar ordinances, and both cities could face such lawsuits. Finding plaintiffs is difficult, because people in Monteiro’s position face a lot of discrimination and it takes real courage to commit to such a suit.

As for Monteiro, he used to make $20-30 standing on the corner for about an hour, which is as long as his legs could endure. He hasn’t returned to his spot since the judge’s order, and as a result, “I have to do without…

“I have about $11 to get through the rest of the month,” he said.

Edit: Shortly after the post went up, I was asked how someone might get some money to Michael to help him while he’s waiting for this case to resolve. Steve Brown said that the ACLU can accept donations to him as long as the donations are clearly marked as being for him at this address:

American Civil Liberties Union of Rhode Island
128 Dorrance Street
Suite 220
Providence, RI 02903

If the donation is not marked, they’ll probably assume the donation is for the ACLU, which is not a bad investment.

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.

Jim 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.

Tag: House of Hope

ACLU launches first of a series of lawsuits against criminalizing poverty