Should Homelessness Be Criminalized free essay sample

Did you know that Applied Survey Research counted a total of 4,539 homeless people last year in Sonoma County alone? I can vouch for the authenticity and methods used in this survey because I assisted as a counter. I am passionate about the social issue of homelessness, mainly because I was part of this population a decade ago. Applied Survey Research defines homelessness in part as, â€Å"An individual who lacks a fixed, regular, and adequate nighttime residence†¦Ã¢â‚¬  The sad fact is that there are not enough resources to adequately shelter America’s most vulnerable citizens. Many cities have passed ordinances that have criminalized homelessness. These so called quality of life ordinances are meant to protect the society at large. Homeless people who violate these laws can end up with a citation or even incarcerated. Homelessness should not be criminalized, and I don’t think that panhandling, camping, or loitering in public places is a crime; furthermore, some of these laws violate constitutional rights. I’m vehemently against anti-panhandling ordinances. People who beg for money do so because they have a need to be met. These needs vary, but they can be for food, a bus ticket, or a phone call. A person asking for money is not much different than an organized charity asking for donations. Both are asking for money. National Coalition for the Homeless says that, â€Å"Depending on the scope of the ordinance, these types of laws can infringe on the right to free speech under the First Amendment. † Santa Rosa City Code 10-36. 110 prohibits panhandling in an â€Å"aggressive manner†. The city considers the asking for money to be â€Å"aggressiveâ€Å". When I reflect on when I was homeless, cannot recall any of my friends being aggressive while asking for money. You don’t bite the hand that feeds you. I am especially outraged about camping ordinances. As mentioned earlier, there are not enough shelters in America to house the homeless. For some the only option is sleeping outside, whether it is a sidewalk or, if fortunate enough, a place out of general view. Most of my nights were spent near a creek bed in a public park. The National Coalition for the Homeless comprised a list of â€Å"The Meanest Cities†. Sarasota, Florida is number one on the list. Florida state courts overturned two previous anti-lodging laws, but the third one passed. The current ordinance directly targets homeless people as grounds for arrest include persons that have no other place to live. In addition to the possibility of being arrested for camping, the seizure of personal property is another issue. My personal property was usually stolen by another homeless person. If it wasn’t stolen, it was seized by police. The National Law Center on Homelessness and Poverty provides an example of property seizure by stating the case of Ashcraft vs. City of Covington No. 02-124-JGW. The 2003 case involves a police raid where five homeless people had their possessions seized while camping. The fourteenth amendment says in part that no person should be deprived of their property without due process. When the case was settled, the plaintiffs were each awarded $1,000 as compensation for their destroyed property. Other ordinances that really upset me are the ones that prohibit loitering. Loitering is defined as hanging around an area for no apparent reason. I was harassed several times for loitering while homeless. Being forced to move along adds to the exhaustion homeless people already deal with. The National Law Center on Homelessness and Poverty gives another example, this one pertains to loitering. A woman in a wheelchair in 2007 challenged a loitering ordinance in Berkeley, California. The plaintiff had gotten out of her wheelchair and was relaxing on the grass at a park when she was confronted by police. They told her to move along. They also told her that if she didn’t move fast enough, they would move her. She managed to get back in her wheelchair but still received a ticket for loitering. I find it disturbing that homeless people are considered loitering while other people in the park enjoy leisure activities, sometimes for hours. There were many other people in the park yet she was singled out; this is a prime example of selective enforcement. Her lawyer argued that the ordinance was vague and did in fact encourage discriminatory enforcement. Not only was the case dropped but the city rescinded the ordinance. Those in favor of these ordinances are acting out of fear. The City of Denver is pushing for a law that will forbid overnight stays on their main street. I came across an article in the Denver Post that gives validity to my point that these ordinances are fear based. In the article Denver City Council member Charlie Brown said â€Å"We have to stand up for our businesses downtown and our women and children who are afraid to go downtown†¦Ã¢â‚¬  Another council member, Albus Brooks admits that â€Å"Homeless people stay overnight†¦because they cant find beds in shelters. As I mentioned this is the crux of the homeless issue. Brooks goes on to say â€Å"I am compassionate, but I also understand that sometimes people need to be dealt with. † If the City of Denver really wants the homeless to be â€Å"dealt with† they would provide shelter, eliminating outside sleeping. Applied Survey Research also said â€Å"It is estimated that 12,565 persons experience homel essness annually in Sonoma County. â€Å" This statistic breaks my heart. I have conveyed how strongly I am against the criminalization of homelessness. I know firsthand the devastating effects that homelessness has on a person. These ordinances make a difficult life almost unbearable. Panhandling, camping, and loitering are not crimes, but only a few ways that homeless people know for survival. Cities that pass these ordinances are trying to find ways around constitutional amendments. Constitutional amendments are in place to protect human rights for all people, including the homeless. It’s time to put an end to the criminalization of homelessness because it is not a crime!