Boise and Fullerton Updates

Criminalization and National Updates

In 2009, the city of Boise Idaho passed a "No camping" ordinance to allow police to ticket those sleeping outside anywhere in the city.  Advocates and homeless individuals sued the city in order to strike down this broad law.   In 2011, the city amended the law to only allow police to ticket homeless people for "camping"  when the shelters were full.  This stopped the lawsuit which was declared moot, but it has scarey implications.  It has the impact of forcing people into shelter if they become homeless.  If there is a space available in Boise Idaho, you must sleep there or face a ticket from the police.  This is a backward way to provide help to those struggling with housing.  How can an agency or religious organization build a trusting relationship if the individual is forced into their care?  Isn't that a prison?  The National Law Center on Homelessness and Poverty is taking the lead nationally to overturn this law, and are debating appealing the dismissal of the lawsuit.

Also, the County Prosecutor out in Orange County/ Fullerton California has charged two police officers with murder and involuntary manslaughter in the death of Kelly Thomas, a developmentally disabled homeless individual. The LA Times has praised the decision to charge the police officers, and I am pretty sure the National Coalition is going to weigh in soon on this issue. This arrest sends a signal to all law enforcement that they need to handle the mentally ill and developmentally disabled with some compassion or step aside and allow professional outreach teams handle the situation.  The description provided by the District Attorney in Orange County was chilling, and advocates are awaiting for additional charges against the other four officers who covered up this attack.  

Brian
Posts reflect the opinion of those who sign the entry.

Disorderly Conduct is the Problem

Gates Learned What Every Homeless Person Knows: Don't Ask a Police Officer for His Name or Badge

"She says now on these streets, Charles
You got to understand the rules
Promise me if an officer stops you'll always be polite
Never ever run away and promise momma you'll keep your hands in sight."
Bruce Springsteen "American Skin/41 Shots"

I believe that there was an element of racism in the arrest of Harvard Professor Henry Louis Gates Jr. this last week, but the heart of the issue is that police across America abuse the disorderly conduct statutes. As any homeless person can tell you, disorderly is the catch-all for arrest anytime that a police officer does not want to deal with you. They arrest at political rallies for disorderly conduct. They arrest anyone that questions their authority and charge them with disorderly conduct. They know that this means that the person has to post bond, go to court, and usually hire an attorney. For homeless people it means at least 24 hours in jail or 60 hours if it is Friday.

I read the police report on the Smoking Gun website, and even if we accept everything in there was the gospel truth from this Irish Catholic officer, there is nothing that I read that would provoke an arrest. Gates is under no obligation to leave his own house. He is allowed to ask if the officer was doing this because of Professor Gate's race. The owner of a house has the right to ask for the police officer to show identification (a badge) as a condition for showing their own identification. The officer admitted in the report that he realized that Gates was affiliated with Harvard, and that he was most likely the individual he purported to be. Did the officer feel in danger because of the "Mama" crack? Was Gates arrested because he spoke loudly that drew a crowd? Officer Crowley warned Gates twice to calm down and when Gates did not calm down he was arrested. Gates, who walks with a cane and has gray hair, was no threat to anyone. He was not threatening anyone else, and he was just questioning the officer. He was loud, but he was not provoking a riot nor was he in fact disorderly.

The message is loud and clear: an African American in America has no right to question any police officer (black or white). In my experience, a well dressed white guy can get away with questioning an officer about 25% of the time, but a person living in poverty has no chance to question police/fire/EMS or in fact any government official. There was a good discussion on All Things Considered today with two police officers about disorderly conduct. My advice to avoid jail: get the car number instead--it is much bigger than the badge number. If the police officer does get disorderly, file a report with the police. Typically, a citizen can file a police report at any station to avoid having to face any potential conflict with the antagonist or his or her supervisor. At least in Cleveland, these complaints are handled effectively and they do investigate these complaints. Finally, I advise avoiding any confrontation directly with a police officer, because disorderly conduct can mean anything.

My question is why do the judges allow officers to issue all these harassing arrests? Why can't we reform the abuse of disorderly conduct? How often are police the disorderly party in these confrontations? I hope that this incident in Cambridge sparks some discussion of reforming the disorderly conduct statutes.

Brian
Posts reflect the opinion of those who sign the entry.

On a Desolute Stretch of Street...

Please Help Us Find the Killers of Anthony Waters

Maybe it was a misguided notion, but I understand the logic. Anthony Waters walked down the industrial part of East 55th to and from the shelter in order to avoid trouble. I talked to a few people in the neighborhood who felt it was better to walk near the houses, because no one wants trouble near their front door. They would have told the young people on the bikes to move it along. Waters was in greater danger in this particular part of East 55th than he would be walking in the more populous parts of Kinsman or Bessemer Rd.

It seemed like such a peaceful place with the exit ramp of 490 to the north and the tow/impound lot, the railroad bridge and a bunch of trees at Bessemer. On Wednesday night, Waters was attacked by a bunch of kids and beat to death. Only one month ago, the National Coalition for the Homeless determined that Ohio was one of the fourth most dangerous places to live for homeless people. We see how this can have deadly consequences.

If you were driving by and you did not stop to help, please come forward now and talk to the police about what you saw. It has to be tearing at you to realize that you witnessed the brutal beating to death of a human being. Any information that you might have can help the police track down these killers. Call the Third District at 216/623-5300 to report any information about this heinous attack.

We will pass along information from the shelter as it comes in about a memorial service or information from the City as it comes available. Mr. Waters had done a lot of work trying to kick the addiction devil hanging over his head, but it usually takes a couple of setbacks before a guy can break the hold alcohol has on some people. He had bounced around the shelter a couple of times as well as sleeping outside when he could not control his addiction. I hope that someone will come forward so that we can provide some peace to the family of Mr. Waters. What kind of cowards jump a defenseless man already down on his luck for a couple of bucks and then beats the guy to death?

After the dust settles and their was time to grieve, we can set about passing Representative Mike Foley's hate crimes bill to add homeless people to the state hate crimes definition. We hope that this will provide some pause to young people who target homeless people, but for now it is time to mourn and remember Anthony Waters.

Brian
Posts by Northeast Ohio Coalition for the Homeless staff and Board.

Hate Crime Against Homeless in Cleveland

System Failed One Homeless Man

Last Saturday, a homeless guy was sitting near the freeway overpass on Superior Ave. on a milk crate. He was not bothering anyone, just enjoying the first nice weekend of the year in Cleveland. He was attacked by a group of young people who beat him for five minutes with a board with nails in it. He stumbled over to the Lakeside Shelter, and collapsed.

The worst part is how this homeless guy was mistreated by the system. The Police refused to take a report because the guy did not know his attackers. MetroHealth treated his broken wrist, but not the leg wounds from the nails. He was discharged almost immediately despite his open wounds. Those wounds are now infected and he needs almost round-the-clock care. Beaten by a group of disturbed individuals, then violated by the police and finally kicked to the curb by the hospital. A day in the life.

Brian
Posts by Northeast Ohio Coalition for the Homeless staff and Board.