Frustrated by the growth of “The Homeless Problem” since the last recession, many cities have passed laws, often under the guise of public and/or individual safety, banning activities such as panhandling, sleeping, or merely lying down, in public places, including but not limited to sidewalks, storefronts, benches, and even parks. I suppose city leaders’ thinking was if they couldn’t ban homeless people, they could drive them off by making their lives even more uncomfortable than it may already be.
Last Thursday, the United States Department of Justice (USDOJ) ruled that a Boise, ID ban on sleeping outdoors/camping (except in a designated campsite, we’ll assume) is unconstitutional.
While this will hardly halt attempts of criminalization of homelessness in their tracks, it seems like a step in the right direction. More progressive cities have taken the higher road, treating homeless people with more compassion and empathy. Here in Utah, both the City and County of Salt Lake have undertaken a yea-long endeavor to evaluate all services for homeless people, and discover the best practices to improve and maintain them. This writer is not completely convinced that the well-being of our homeless neighbors is the first priority of either of these municipalities, but transparency and inclusion have been above par so far.
To paraphrase what the USDOJ said in a nutshell, In the absence of suitable shelter, Boise’s ban on sleeping deprives people of a basic human need, and is “cruel and unusual punishment,” prohibited by the Eighth Amendment to the U. S. Constitution.
Boise is not the only city which has taken drastic measures to discomfit homeless people, nor is the U.S. the only country to attempt far from sympathetic measures to shoo them away. Denver, Colorado City, and Boulder all enacted similar ordinances. “Homeless Spikes,” similar to those used to deter pigeons from roosting, have popped up in U. S. and European cities, most notably London.
Cities across America are likely to be nervously watching for challenges to any law which might be perceived as “anti-homeless.” Here’s hoping this ruling moves everyone toward more compassionate solutions to homelessness, and more kind, less cruel treatment of homeless people. Please feel free to call, e-mail, or write your legislators about issues affecting homeless people in your communities.
read more:
“Anti-homeless” laws have risen rapidly in U.S. cities. Finally, Washington responded.
by Robbie Couch, Upworthy
Anti-camping ban suit in Boise draws in feds; Colorado has like bans
By Kieran Nicholson The Denver Post
It’s unconstitutional to ban the homeless from sleeping outside, the federal government says
by Emily Badger, Washington Post
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