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Michael Wisniewski Writing 39 Dr. Collins January 21, 2014 Decriminalization of the Homeless Six times six is thirty-six. This is a phrase we have all heard countless times as early as third grade. We all remember the flash cards, the drills, and the worksheets. Our teachers handed them to us, forcing us to memorize seemingly insignificant informationuntil we reached division where the skill was helpful; until we learned Algebra and realized we still needed it; until we ventured to the department store and tried to figure out what the 15% off sign straddling our favorite pair of jeans meant. And whether we liked it or not, we all successfully memorized the times tables. Eleven years later, I participated in my high schools capstone Senior Service Project, a month long commitment intentioned to benefit Los Angeless underserved and marginalized communities and to expose the senior class to life outside the comfortable high school bubble. This experience gave me the opportunity to put my entire education into action, even the simple times tables. My project began on Skid Row at the Midnight Mission, a human service organization, where I spoke to residents about their experiences,

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tutored, and prepared and served meals to hundreds. I tutored students in math in elementary subjects ranging from the times tables to basic algebra. My first student was Damien. I will never forget Damien. He was so eager to learn, attentive, and punctual with his homework even with frustrating subject matter. And like my teacher asked me eleven years ago, I asked him the exact same question she asked me: What is six times six, Damien? He stuttered momentarily, as he timidly made eye contact with me. His glance screamed for help, but I see through his hardened eyes he was too prideful to ask for help although he had been struggling with this same problem for a week. I paused for a few more seconds, waiting for a possible response, but again more silence. I repeated the answer, thirty-six, to him and he let out another one of his customary disheartened sighs. So who exactly is Damien? Why does he deserve attention as opposed to the ten other student I tutored while at the Midnight Mission? Damien was not a typical student struggling with the times tables. He was a 51-year-old man, African American and homeless, finally finished with a second stint in prison and now entering the Midnight Missions treatment protocol for recovering drug addicts. At the time I was tutoring him, he was a few months sober and studying for the General Educational Development test with my assistance in order to certify he at minimum has American high-school level academic skills. I learned he had been homeless since a young age, moving in and out of foster care system, and finally drifting across the United States making his way from the South to Skid Row a few years ago. Eventually, he was arrested on Skid Row during a Los Angeles Police Department sweep and sent to jail for drug possession and loitering. However, upon release, his resume a criminal record coupled with a shoddy elementary school educationmade meaningful employment nearly impossible.

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I am in no way attempting to justify his behavior, but circumstances beyond his control have made Damiens life and more generally the homeless population, unnecessarily difficult. Criminalization measures in California have not solved the problem of homelessness; instead, criminalizing the homeless perpetuates chronic homelessness by assuming a reactionary position as in Damiens case. Criminalization infringes on their basic civil rights and their rights under international law and unnecessarily burdens the criminal justice system. A solution includes proactive measures to alleviate homelessness: the homeless need everything from civic engagement to help from even the Federal Government for provide support in funding outreach programs and proving affordable housing. The Public Health Service Act defines a homeless individual as one who lacks housing (without regard to whether the individual is a member of a family) , including those whose primary residence during the night is a supervised public or private facility that provides temporary living accommodations and an those who are a resident in transitional hous ing (Authorizing). The word homeless, however, does not satisfactorily describe the diverse and underrepresented population. The homeless demographic includes men such as Damien, seniors, veterans, and families with even more diverse experiences of their bout of homelessnessshort term, long term, or chronic. These terms barely begin to describe the still largely unknown homeless population. Damien suffered from chronic homelessness. Even at the age of 51, he was still unable to escape its grasp. I describe todays situation as contemporary homelessness. Todays homeless population is no longer limited to specific districts in a community nor do they fall into simple cookie cutter categories like economic reasons, disabilities, or displacement. They all share the common thread of the burden of

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homelessness they need sustainable housing to move them from the streets and to reintegrate them into mainstream society. The contemporary homeless problem began with the de-institutionalization of the mentally ill in the 1970s. The release transformed the demographic of the homeless population in the United States. The cutbacks did not include the subsequent promised outpatient psychiatric and social services which led to a growing mentally ill homeless population. The homeless population grew more in the 1980s with the redistribution of federal dollars towards military buildups for projects such as the Star Wars missile defense program. This buildup coupled with growing budget deficits shrank the budget Not until the passing of the McKinneyVento Homeless Assistance Act of 1987 did the federal government finally take action against the issue by directing money to states homeless shelters. The homeless population continued growing in the 1980s as housing and social service cuts increased. Advocates for the homeless began demanding for a response from the federal government as an acknowledgement of homelessness as a national problem. According the US Department of Housing and Urban Development, homelessness has historically been treated at the state and local level via grass-roots efforts. Not until the passing of the McKinney-Vento Homeless Assistance Act of 1987 did the federal government finally recognize homelessness as a national issue. The act allocated funds to states efforts to aid homeless peoples needs in terms of food, shelter, and rehabilitation. (McKinney-Vento Act). However, states compliance with measure is questionable. With the passing of this bill over 30 years ago, little has been done to make significant inroads in solving the issue of homelessness. It still pervades American society. Despite the problem of homeless being brought to national headlines little

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has been done in the past 30 years to make significant inroads in solving the issue. According to the American Journal of Public Health, literal homelessness (defined as sleeping in shelters, abandoned buildings, etc.) was 7.4% over ones lifetime (Link, 1904). This large number calls for a reconsideration of current policies regarding homelessness. The criminalization of the homeless has been pervasive in the history of California beginning as early as 1867 with various discriminatory laws and ordinances that unfairly targeting them. According to Susan Schweik, a Professor at the University of California Berkley involved with the development of disability studies, Ugly Laws in San Francisco banned those with unsightly or disgusting disabilities to appear in public. (Ugly Laws) Jim Crow laws in California targeted poor Chinese immigrants forcing them into Chinese ghettos. Later, vagrancy laws, which criminalize a persons status rather than a behavior, existed in California until 1961. Today, quality of life ordinances are the modern day reincarnation of these old laws. They establish segregation by forcing the homeless out of specific neighborhoods and force them into new territories which are usually substandard, unhealthy, and crowded accommodations. The government then criminalizes those who cannot or choose not to migrate. For example, in an interview in conducted by KCET with Muriel Ullman, a member of the Orange County Housing Authority, he explains that the city recently passed an ordinance requiring bicycles parked on private property to be placed in a bicycle rack. Possessions also have to be kept on top of a bike. A nave reading of the ordinance would make it appear like simple law mandating cleanliness. However, this view changes as the context of the ordinance is brought to light. This ordinance was passed in response to complaints that bike racks in front of Costa Mesa libraries have become inaccessible due to homeless luggage and bicycles. The city government is

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cracking down with this measure to force homeless out of public areas in Costa Mesa such as the library. It is not just a simple measure for basic cleanliness. Seemingly simple ordinances such as a restriction on bicycle parking can have drastic consequences on the lives of the homeless. Criminalizing life sustaining activities violates basic human and civil rights. The National Law Center on Homelessness and Poverty defines criminalization of the homeless as the enactment and enforcement of laws that make it illegal to sleep, sit, or store personal belonging in the public spaces of cities without sufficient shelter or affordable housing. (Criminalizing Crisis). In the 2010 Federal Strategic Plan, the U.S. Interagency Council on Homelessness strongly advised local governments to refrain from enacting laws that criminalize homelessness (Homes). The United States adheres to the United Nations Universal declaration of Human Rights. Article 25(1) of the document states Everyone has the right to food, clothing, housing, and medical care and necessary social services (UN). All people have the right to perform life sustaining activities whether that be in public or in private locations. These life sustaining activities include eating, drinking, sleeping and washing. Denying the ability of the homeless to perform these activities are a denial of their inalienable rights. Treating them like criminals avoids facing the realities of their issues stemming from their economic and social circumstances. In reality, most
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jurisdictions in the US do not have adequate affordable housing or shelter space to meet the hominesss demand. If affordable housing was present or opportunities available for them to

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get housing their circumstances could be different. Why do cities such as Dallas have ordinances that can levy fines upon churches upwards of $2000 when like it shows in the quote it is perfectly legal to feed animals in public? Have we really established a social system in which we have placed the animals well-being over that of the homeless? This ad provides greater evidence that solving the homeless problem will require a shift in the mindset of the US population. Criminal Records create barriers to employment, housing and services. According to the 2013 Annual Homeless Assessment Report, Los Angeles has the highest homeless population in the country at 53,800 individuals (United States). Even with a nationwide decline, homelessness still increased by 27% in Los Angeles. Looking at Skid Row, a Los Angeles area with an extremely high incidence of homelessness a correspondence from the Los Angeles Chief of Police in 2011 stated that out of 200 homeless and low income Los Angeles Skid Row residents surveyed in 2010, 31% lost social services, 26.8% lost housing, and 6.9 % lost employment as a result of a citation (Departments Response). The homeless who are at increased risk for violating the range of laws that target them for conducing life sustaining activities in public, they have more difficult time finding meaningful employment and housing. Job placement and housing are important steps in moving out from homelessness. Incarcerating them prolongs their homelessness and helps no one. Instead of trying to solve the problem of homelessness, the people of Los Angeles have proposed to combat the problem with a ban on feeding homeless people in public. They seem to share the mindset of the actor Alexander Polinsky, who was quoted in the New York Times. He said if you give out free food on the street with no other services to deal with the collateral damage, you get hundreds of

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people beginning to squat. They are living in my buses and they are living in my next door neighbors crawl spaces. We have a neighborhood which now seems like a mental ward (Nagourney). Though Polinskys comment is brash, it truthfully remarks that the issue of homelessness is more than a daily meal, a free shower, or fresh pair of clothing. Temporary Band-Aids will not solve the problem. Only drastic changes in perception and culture towards humanizing the homeless population will create a demonstrative shift in mindsets to push against the current criminalization policies. The solution to homelessness is to not deprive men and women such as Damien of their rights but instead to provide them with avenues for reintegration. The solution is to not place them into a cycle of incarceration burdening both them and the criminal justice system. The solution is the decriminalization of the homeless. Removing the unnecessary burden of criminalizing them for they need affordable housing. Affordable housing sponsored by the US government has been verified to work and is the solution to the homeless problem in America.

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Works Cited "Authorizing Legislation of Health Center Program," Title 36 Public Health Service Act, Pt. 42. 2013 ed. Web. 25 Jan. 2014 < http://bphc.hrsa.gov/policiesregulations/legislation/index.html>. Chappell, Bill. "Number Of Homeless Declines Again, But Gains Aren't Universal." NPR. NPR, 13 Nov. 2013. Web. 19 Jan. 2014. <http://www.npr.org/blogs/thetwoway/2013/11/21/246589487/number-of-homeless-declines-again-but-gains-arent-universal>. "Criminalizing Crisis: The Criminalization of Homelessness in U.S. Cities." National Law Center on Homelessness and Poverty, Nov. 2011. Web. 20 Jan. 2014. "Department's Response to the Los Angeles Community Action Networks's Report on the SKid Row Safer Cities Initiative." Letter to The Honorable Board of Police Commissioners. 3 Mar. 2011. N.p., n.d. Web. 20 Jan. 2014. <http://www.lapdpolicecom.lacity.org/030811/BPC_11-0103.pdf>. "Homes Not Handcuffs: The Criminalization of Homelessness in U.S. Cities." The National Law Center on Homelessness and Poverty and The National Coalition for the Homeless, July 2009. Web. <http://nationalhomeless.org/publications/crimreport/CrimzReport_2009.pdf>. Link, Bruce G., et al. "Lifetime And Five-Year Prevalence Of Homelessness In The United States."American Journal Of Public Health 84.12 (1994): 1907-1912. Business Source Complete. Web. 30 Jan. 2014. "McKinney-Vento Act/U.S. Department of Housing and Urban Development (HUD)." McKinneyVento Act/U.S. Department of Housing and Urban Development (HUD). US Department of Human Development, n.d. Web. 30 Jan. 2014. <http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning/homeless/lawsand regs/mckv>. Nagourney, Adam. "As Homeless Line Up for Food, Los Angeles Weighs Restrictions." NY Times. NY Times, 25 Nov. 2013. Web. 19 Jan. 2014. <http://www.nytimes.com/2013/11/26/us/as-homelessline-up-for-food-los-angeles-weighs-restrictions.html?permid=10609330&pagewanted=all>.

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Schweik, Susan. The Ugly Laws: Disability in Public. New York: NYU Press, 2009. Project MUSE. Web. 30 Jan. 2014. <http://muse.jhu.edu/>. United States. The U.S Department of Housing and Urban Development. Office of Community Planning and Development.2013 Annual Homeless Assessment Report to Congress. N.p., Oct. 2013. Web. 20 Jan. 2014. <https://www.onecpd.info/resources/documents/AHAR-2013-Part1.pdf>. United States. U.S. Department of Housing and Urban Development. Office of Policy Development and Research. The Applicability of Housing First Models to Homeless Persons with Serious Mental Illness. N.p., July 2007. Web. 20 Jan. 2014. <http://www.huduser.org/portal/publications/hsgfirst.pdf>.

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