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In a major step towards reducing the criminalization of the poor in Rhode Island, the City of Providence has advised the American Civil Liberties Union of Rhode Island that it would halt enforcement of an anti-panhandling ordinance that has led to the harassment and arrest of homeless individuals. The ACLU had called for this action in a letter delivered to Mayor Jorge Elorza two weeks ago, in which it pointed out the ordinance’s dubious constitutionality and its impact on the rights of the poor and the homeless.
Advocates for the homeless have been critical of a seemingly aggressive enforcement by the City of laws that target innocuous activity of the homeless in public. In its letter, the ACLU had noted that the City’s ban on so-called “aggressive solicitation” directly targets the homeless, and that a number of similar ordinances have been recently struck down by the courts for infringing on First Amendment rights. The ACLU therefore requested that the City immediately halt its enforcement. In response, the City agreed to that request and also to terminate any pending prosecutions.
“The Mayor remains committed to making Providence a place that supports its residents, especially those who are most in need, and we look forward to our continued work together in this regard,” Providence City Solicitor Jeffrey Dana stated in a letter to the ACLU of RI.
ACLU of Rhode Island executive director Steven Brown said today: “This is a very positive development, and we applaud the City for recognizing that this ordinance cannot withstand constitutional scrutiny. We are confident that officials will make sure that any harassment of the homeless by police for peacefully soliciting donations, even if it doesn’t lead to an arrest for panhandling, will cease.”
Rhode Island Coalition for the Homeless executive director Jim Ryczek added: “The Rhode Island Coalition for the Homeless welcomes this development on the part of the city. We hope this is the first step in better understanding homeless people and working with them to appropriately identify their needs and acquire safe and affordable housing. We look forward to continued progress on other problems facing the city in relation to its homeless citizens. As always, we stand ready to help the City of Providence better serve its homeless constituents.”
Megan Smith, an outreach worker at House of Hope CDC, said: “We are hopeful that Providence’s decision to halt enforcement of the aggressive solicitation ordinance demonstrates that the City recognizes panhandling for what it is: a means of survival for our poor and homeless neighbors, not a criminal activity. While there is much more work that must be done to shift policy from criminalizing poverty to finding collaborative solutions, this represents an important step forward.”
The ACLU letter had also called on the City to repeal an ordinance that bans “loitering on bus line property,” but the City claimed that no arrests had been made under that law.
The ACLU’s action is part of the organization’s ongoing efforts to challenge and repeal laws that disproportionately affect the rights of the homeless. In December, the ACLU of Rhode Island filed a federal lawsuit challenging a Cranston ordinance that bars the solicitation of donations from motorists. The ACLU argues that the ordinance violates free speech rights and is selectively enforced by the City. That suit is pending.
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In the rotunda of City Hall advocates for the homeless gathered to release a new study validating the harassment and discrimination being felt on the streets and to demand that Mayor Elorza immediately instruct the Providence Police to stop their practice of criminalizing homelessness and harassing homeless individuals.
Back in August 2015, advocates held a rally in front of City Hall protesting the treatment of those experiencing homelessness in the city. They had found that with increasing frequency, people experiencing homelessness were being subjected to judicial and extrajudicial arrest, harassment, and discrimination. Additionally, they contended that individuals who were homeless were being treated as criminals for engaging in activities necessary to survival, foremost among them resting and sleeping.
Soon after the rally, in September, Mayor Jorge Elorza met with the advocates and declared that the harassment and discrimination happening was not in line with his Administration’s policy. At that time advocates asked him to make a public statement expressing that and to focus on solutions to homelessness rather than criminalizing the homeless. Fast-forward to now, four months later, and nothing has come out of the Mayor’s office.
To make matters worse for the Mayor’s office, advocates released results of a public spaces survey which show a clear and disturbing pattern of discrimination against those experiencing homelessness in downtown Providence.
“As an outreach worker I have both heard, and personally witnessed this kind of conduct, and it disgusts and enrages me,” said Megan Smith of House of Hope CDC.
“Essentially, only homeless people and formerly homeless people are being arrested for these activities,” said Dr. Eric Hirsch. The activities include, sitting, panhandling, standing, sleeping and talking, all of which are perfectly legal.
Eileen Boarman was homeless in Providence on and off for over two years. She has personally witnessed and been the victim of police harassment and abuse. She talks of being beaten, spray with water hoses, and having her arm twisted. She was treated as having no value and no rights. Her experiences are impossible to justify.
Several years ago, Providence City Councillor Mary Kay Harris and others spearheaded the creation of the Providence External Review Authority (PERA), a civilian lead police oversight board. In light of Dr. Hirsch’s findings, the re-establishment of this board in a must.
We need, says House of Hope CDC outreach worker Kate Miechkowski, “to address the cause of people having nowhere to go and nowhere to sleep, rather than arresting and harassing those who suffer from the effects of our failed economic policies.”
In November, Providence College students conducted a public spaces survey of random pedestrians in the Kennedy Plaza/Burnside Park areas of downtown Providence. The results were striking. Just over half (52%) of those surveyed were homeless or formerly homeless, but 95% of the citations and 94% of the arrests were experienced by homeless and formerly homeless persons.
Answers to other questions on the survey such as whether law enforcement had asked them to “move on” or to leave a particular area, how often they were asked for identification; and how often law enforcement searched their belongings without their permission show the same pattern of disproportionate harassment of homeless and formerly homeless persons by police. Other potential reasons for such targeting such as race, ethnicity, or age were not found to be relevant.
“It was stunning to see the degree to which homeless Rhode Islanders are subject to harassment by the Providence Police Department,” stated Dr. Eric Hirsch, Professor of Sociology and author of the Public Spaces Survey. “It was the only factor relevant to why someone was ticketed or arrested for everyday activities such as sitting, lying down, etc.”
Kate Miechkowski, Outreach Worker for the House of Hope CDC confirmed the findings of the survey stating, “This past summer and fall I had the opportunity to interview dozens of people experiencing homelessness about their interactions with Providence police officers. I was horrified by their experiences of degradation, humiliation, and blatant profiling. There was almost no one I spoke to who had amiable experiences with police officers. I personally witnessed multiple incidents in which people were told that they had to move for doing nothing except occupying a public sidewalk.”
Advocates point to the fact that Rhode Island was the first state in the country to enact a “Homeless Bill of Rights” formally banning discrimination against Rhode Islanders experiencing homelessness and affirming their equal access to housing, employment and public services and believe the police’s targeting of people based on their housing status is illegal.
The Rhode Island law asserts that Rhode Islanders experiencing homelessness have the right to use public parks, public transportation and public buildings, “in the same manner as any other person and without discrimination on the basis of his or her housing status.”
In the original letter to the Mayor, advocates stated:
Criminalization is not a solution to homelessness. It is incredibly cruel to those experiencing homelessness, dehumanizing the individuals and making it harder to connect to advocates and services. It also costs the system more by spending taxpayer dollars on court costs and incarcerations rather than on housing, medical care, and other long-term solutions.
The group asked the Mayor to implement the following action steps to address the current situation:
1. Instruct the Providence Police Department that they may not order people to move from public property, nor threaten arrest for the failure to move, absent reasonable suspicion that they are committing a crime.
2. Ensure that this order is followed by:
a. Re-establishing the Providence External Review Authority (PERA);
b. Establishing a designated hotline to report harassment or illegal arrest and regularly reporting on calls received;
c. Adding content on Rhode Island’s Homeless Bill of Rights to the training police cadets receive at the Academy and incorporating this material into re-training of current officers.
3. Provide an appropriate location and budget for a day center in the City.
4. Publicly support the hundred million-dollar bond ask and ensure that the City’s programs to rehabilitate vacant homes (such as Every Home) results in apartments that are affordable to very low income renters.
Nationally, there is increasing recognition of the need for cities to shift away from criminalization and toward a right to housing. In its report No Safe Place, the National Law Center on Homelessness and Poverty details the ways in which criminalizing ordinances are damaging both to individuals experiencing homelessness and to the cities that enact them. It also found that, despite a lack of affordable housing and shelter space, cities across the country are essentially making it illegal to be homeless with laws that outlaw life-sustaining acts, such as eating and sleeping, in public spaces.
Key findings/conclusions from the report are:
Homeless people are criminally punished for being in public even when they have no other alternatives;
The criminalization of homelessness is increasing across the country;
Criminalization laws violate the civil and human rights of homeless people;
Criminalization laws are costly to taxpayers;
Criminalization laws are ineffective; and
Criminalization laws should be replaced with constructive solutions to ending homelessness.
The Seattle University School of Law recently published a series of briefs exploring the monetary costs of criminalization and placing these laws squarely within the shameful tradition of Jim Crow, Anti-Okie, and Ugly laws. Earlier this summer, the U.S. Department of Justice filed a Statement of Interest arguing that it unconstitutionally punishes homelessness to make it a crime for people to sleep in public when there is insufficient shelter.
Rhode Island’s Homeless Bill of Rights stands in complete contrast to this trend causing advocates to be dismayed by the growing complaints from those experiencing homelessness that the police are not respecting their rights.
The Homeless Bill of Rights sets an important foundation for Opening Doors Rhode Island, the state’s plan to end homelessness, which states as a core value that “there are no ‘homeless people,’ but rather people who have lost their homes who deserve to be treated with dignity and respect.”
Opening Doors Rhode Island outlines a plan that significantly transforms the provision of services to Rhode Islanders experiencing homelessness. Consistent with the new federal plan to end homelessness, the plan seeks to sharply decrease the numbers of people experiencing homelessness and the length of time people spend homeless.
“Rhode Island has the potential to be a model for how to end homelessness,” concluded Megan Smith, Outreach Worker for House of Hope CDC. “We can do this by collaborating to provide safe, affordable, permanent housing and engaging with and educating our community. It is not done by harassing and further marginalizing our city’s most vulnerable neighbors.”
Mayor Elorza was invited to speak at the rally, but declined. His office issued the following statement:
“The Mayor is committed to working with our service providers, advocates and community partners to address the social and economic challenges these resident face. We have spoken previously with the Chief of Police and he has directed his officers not to target those who are struggling with homelessness.”
[Portions of this are from a joint RICH and RIHAP press release]
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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.
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.
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.
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