To stop panhandling, address poverty


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2016-09-14 Homelessness 04The issue of panhandling in Providence has been the subject of news articles, opinion columns and letters to the editor. The recent letter from Bishop Tobin and comments from Joseph Paolino, chairman of the Downtown Improvement District motivate me to present some alternative views.

I applaud the efforts of the Downtown Improvement District’s (DID) willingness to convene a range of stakeholders to look for solutions to the increase in panhandling and vagrancy. It will certainly require a robust and sustained public-private partnership to address these issues.

But I am concerned with the notion that there is a quick fix solution, or that one more service program will provide the answer. Before jumping to solutions, I believe it is essential that we ask ourselves: Why? What are the underlying reasons for panhandling and vagrancy in our community?

Changes in the enforcement of the law explains the visibility of panhandling, but poverty is the root cause. Over 14 percent of Rhode Islanders live in poverty today. Given these numbers, the dearth of affordable housing, the lack of adequate mental health care and low wage jobs that don’t allow workers to earn enough to support themselves and their families, it is surprising that this has been underground for so long.

It makes us uncomfortable, and it should, to encounter so many people in our public spaces who seem to have no place to go and are struggling with mental health issues and/or addictions.  These are our neighbors, they are suffering and we don’t know what to do. But the solution is not to empower police to move these people out of sight so that others can enjoy a “clean, safe city.”  I am not saying, that police should not intervene when law-breaking occurs.  I am saying that our efforts to address these issues should not focus on criminalizing people who are poor, homeless or mentally ill by depriving them of their rights to congregate in public space, to engage in conversation, or just enjoy the outdoors.

The Scripture I know teaches us to leave the corners of our fields and the gleanings of our harvest to the poor and to open our hands and lend to people whatever it is they need. We learn that helping fellow human beings in need is not simply a matter of charity, but of responsibility, righteousness, and justice. The Bible does not merely command us to give to the poor, but to advocate on their behalf.

I call upon business leaders, public officials and all of us to act with wisdom and compassion, to focus on the larger structural issues of poverty. And I hope that any proposed interventions are sustainably funded, based on models of best practice and built with inclusive community participation.

Rabbi Alan Flam is the executive director, Helen Hudson Foundation for Homeless America.

Elorza announces plan to address root causes of poverty, panhandling


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jorge downtownOne day after a botched press conference on a similar subject, Providence Mayor Jorge Elorza brought together a big group of state and city officials, as well as advocates and activists, to announce a new plan to address panhandling, poverty and homelessness in downtown.

“As we see increased homelessness and increased panhandlers, this is a moment to look inside ourselves and ask ourselves what kind of community we want to be,” Elorza said, speaking from atop the steps at City Hall. “Do we want to be the kind of community that cuts resources for mental illness or fails to invest in homeless shelters, or cuts resources for legal services for the indigent? Do we want to be a community that is not complacent in the face of inequality of income and wealth? Do we want to be a community that invests in affordable housing? Do we want to be a community that believes in workforce opportunities? And do we want to be a community that works to address the persistent challenges of racial injustice?”

He added, “We are not interested in simply relocating the issue. We are looking for lasting solutions that balance the rights of the people of our city. We are not going to benefit by pushing people from one street to another. What we are announcing here today is not just a plan. What we are announcing here today is an approach to work collaboratively, compassionately and creatively to make sure that no resident of our city or of our state ever gets left behind.”

Elorza said the city will open a day center for homeless people, provide financial support for Amos House “A Hand Up” program, a jobs program for people who are homeless and/or struggling financially, and offering support to Emmanuel House’s program for helping people with substance abuse problems. Police presence has already been increased in downtown – and Public Safety Commissioner Steve Pare said arrests have increased – and parking meter-like machines will be located downtown so people can give to social services rather than directly to another human being.

“Most importantly,” said Elorza, “we will work with a broad coalition to advocate for the critical resources to provide for mental health, substance abuse, legal services and housing supports to our families and people in need – resources and funding we’ve seen reduced in recent years.”

While Paolino’s press conference yesterday relied heavily on the business community, Elorza’s event featured several state and city elected officials. In attendance were state legislators: Maryellen Goodwin, Josh Miller, Edie Ajello, Aaron Regunberg and Grace Diaz as well as city councilor Mary Kay Harris, Wilbur Jennings, Brian Principe and Michael Corria.

“What we are talking about is ‘One Providence’,” said City Councilor Mary Kay Harris, who represents downtown Providence, echoing the Elorza’s campaign theme. “One Providence includes the rich and the poor. It includes the poor working class and the workers altogether.”

Eileen Hayes, the director of Amos House who champions the plight of people who are homeless, said, “Our fellow citizens are struggling, especially those who are homeless and do not have the financial resources to care for basic needs. Every single business community should find a way to offer a job to homeless person who wants to work. They are good people and they are good workers. We believe that we cannot criminalize behaviors based on people doing the best they can to survive without offering viable solutions including jobs and housing.”

While Paolino’s press conference was held at the Convention Center and was invite only, Elorza’s was the steps of City Hall. Both were disrupted – Paolino’s by angry activists and journalists who couldn’t attend and Elorza’s by a woman who said she needs more social services. Elorza’s press event featured activists who advocate for the homeless, while Paolino’s expressly kept many advocates from attending.

When Elorza was asked if he wished Paolino and more members of the business community attended his event he said, “I’ve had many members of the business community reach out and express their support for what we are doing and I look forward to continue working with anyone who truly wants to address the long term root cause issues.”

Joe Paolino talks poverty, panhandling in Providence


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paolinoJoe Paolino, who is spearheading an effort to address panhandling in Providence, told RI Future he is committed to addressing systemic poverty rather than moving poor people away from his real estate empire.

“I think I and other business people should pony up some dollars to try to help toward that,” he said. “It’s not our job but it’s our social commitment that we should make as members of this community.”

He spoke of the need for new shelters, new laws and more experts on the streets to address the issue, but he didn’t estimate a cost. “I don’t know because you have a state-wide problem, you have a city problem, different communities have their problems and you have a downtown problem.”

But he did offer reassurances that he isn’t interested in simply relocating the issue away from downtown. “I don’t want to see the problem moved to another area,” he said. “I want to see the problem fixed. If we can fix it here, then it becomes an example of what other communities can do.”

He said austerity and government cost cutting have exacerbated the issues of poverty and panhandling. “By cutting those dollars you’re creating the problem,” he said.

The good news, Paolino said, is that all the interested parties are finally communicating with each other.

“With every crisis comes an opportunity,” he said. “The social service agencies finally have business people listening to them. This is an opportunity for the progressive leaders in the General Assembly to seize upon this. I don’t think they have to fight us.”

We had a fascinating 30-minute conversation that you can listen to below. While we agreed on a lot, we often passionately disagreed, too. For example, we exchanged some heated words about whether a City Hall employee was mugged or harassed.

Providence to halt enforcement of anti-panhandling ordinance


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acluIn 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.

A copy of the ACLU’s letter is available here.

A copy of the City’s letter is available here.

ACLU launches first of a series of lawsuits against criminalizing poverty


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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.

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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.

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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.

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