Blog Archives

Inside the Courtroom with our Pro Bono Partners: Akin Gump and Law Center Win Protection of Food Sharing Rights in Dallas

Posted on April 30, 2013
by

At the end of March, a federal court delivered a victory to the Law Center and its pro bono partner and LEAP member, Akin Gump Strauss Hauer & Feld LLP, when it ruled that the City of Dallas may not enforce a law that prevents religious organizations from providing food to homeless persons living outdoors. The Law Center’s Civil Rights Attorney Heather Maria Johnson partnered with Akin Gump attorneys in Dallas to represent two religious organizations and one volunteer in their challenge to the city ordinance.  Offering food, services and companionship to poor and homeless people is an integral part of the groups’ ministries.

We caught up via e-mail with Andrew Newman and Lizzy Scott, Akin Gump attorneys who worked on the case pro bono, to talk about their experience.

Guests of Big Heart Ministries' annual Christmas meal dug into hot food on a cold afternoon outside a church on Second Avenue near Fair Park in December 2011. (Dallas Morning News)

IJT: Tell us about litigating the case.  Did it become emotional for you?

“Taking this case to trial was difficult because the City has undertaken many positive programs that aim to help the homeless population of Dallas – in this instance, though, the City did not consider how our clients would be burdened by the numerous requirements for sharing food with homeless individuals,” wrote attorney Andrew Newman. 

IJT: What was the most challenging or surprising aspect of the case for you?

“I think one of the most challenging aspects of the case was ensuring that our clients’ compelling stories came through while also making the necessary legal and factual record.  This case involved our clients’ intensely personal religious convictions, and we wanted to make sure that their beliefs and their stories were never overshadowed by our more technical efforts to prove their case,” said attorney Lizzy Scott.

“As recently as last Sunday one of our clients was out sharing food with the homeless near downtown, and he was told [by police that] he wasn’t allowed to do it in the Central Business District,” Scott told the Dallas Morning News, which covered the case.  “Now he’s very excited to get back to the ministry,” she added.

IJT: What do you have to say about partnering with NLCHP and supporting our overall mission – to serve as the legal arm of the movement to prevent and end homelessness in America?

“It was great to work with NLCHP and help continue this important work—our trial team benefited from NLCHP’s national perspective and insight on this emerging issue of sharing food with homeless individuals in America’s cities,” commented Andrew.

At a time when more emergency food needs are going unmet, cities should be facilitating the efforts of charitable organizations to meet these needs, not infringing their rights to provide food as part of their religious mission.  We are pleased that the Court has vindicated these important rights and grateful to our partners at Akin Gump for their excellent pro bono service.

Leave a Reply ?

Criminalization of homelessness – local impact, global issue

Posted on April 8, 2013
by

As the economic crisis continues at the bottom end of the income spectrum, the past week has brought two victories worth noting, from the most humble of tent encampments to the marble halls of the U.N.’s Palais Wilson in Geneva.

Tent City in Lakewood, NJ

First, our colleagues at the New Jersey Coalition for the Homeless have won a tremendous court victory for those living in Tent City, Lakewood, New Jersey. After fighting the city and county’s efforts to evict them for several years, and pushing, through counter-motions, an alternative vision of the law that says the state was violating their human right to housing (helped, in small part, by assistance from the Law Center), the homeless residents of Tent City have come to a settlement with the city that states, among other things, that  (1) all of Tent City’s current residents may not be ejected by Lakewood unless and until those residents are first offered a plan that provides for (and actually provides) safe and adequate housing for at least a full year; (2) requires Lakewood to dismiss all of the charges that it filed in municipal court and elsewhere about supposed “code violations” in Tent City; and (3) requires the city to provide basic municipal services such as trash removal for the residents until they depart. As Jeffery Wild, lead attorney for the homeless residents said,

“No one can be forced out of where they are now unless they are offered safe and adequate housing indoors. That’s all we ever wanted. We’re not here to defend Tent Cities; no one should have to live in the woods. This is about the right of everyone to have housing.”

Personalized tent city homes in Lakewood, NJ

Second, at the international level, the U.N. Human Rights Committee has requested information from the U.S. government about the criminalization of homelessness in the U.S. Last year, the US Interagency Council on Homelessness issued a report stating that criminalization of homelessness potentially violated the International Covenant on Civil and Political Rights, which the Human Rights Committee oversees. The U.S is in the middle of reporting to the Committee on our compliance with the Covenant, and the Committee put forth its List of Issues, specifying issues which it feels warrant additional discussion before the U.S. engages in an oral hearing this October. Thanks to our own report, put forth in coordination with a broad group of homeless advocates, criminalization of homelessness was for the first time included in that list, confirming our and the U.S. government’s own interpretation that criminalization raises concerns not just under domestic law, but under our international human rights obligations. The Committee will issue further conclusions and recommendations following the U.S. government hearing in October.

Jeff and his legal team have demonstrated the concrete impact that human rights advocacy has at the local level, while we continue to build global standards to further assist in ensuring all people enjoy their basic human rights. While there are more battles to be fought, we celebrate the victories of this past week, and look forward to the day when we no longer need to fight criminalization of homelessness, because everyone has a safe place to call home.

[ 4 Replies ]

Looking Back: A Milestone Year for Homeless Advocacy

Posted on January 22, 2013
by

The year 2012 was an important milestone for the Law Center, as we marked the 25th anniversary of the McKinney-Vento Act—the first federal legislation to address homelessness—for which our founder and executive director was a primary advocate.  But while great progress has been made since McKinney-Vento’s passage, there is still much to be done.  That’s why we used the occasion to renew our commitment to finish what we started and end homelessness in America.

The year began with exciting achievements in our civil rights and human rights programs.  In February, after observing Sacramento denying sanitation and safe drinking water to homeless residents during a visit organized by the Law Center, the UN Special Rapporteur on Water and Sanitation wrote an unprecedented letter to Mayor Kevin Johnson, calling the City’s actions a blatant violation of human rights.  This sent a powerful message that the U.S. is accountable to its international treaty obligations and generated strong media coverage, which reinforced the human rights implications, helping to change the political playing field and empowering marginalized homeless advocates.

In April, the U.S. Interagency Council on Homelessness and Department of Justice released a report that condemns the criminalization of homelessness, drawing heavily on publications from the Law Center.

Read more »

[ 1 Reply ]

The Compassion Deficit: Sidewalk Bans and Criminalizing America’s Homeless

Posted on December 3, 2012
by

Over the last few years, policymakers across the country have cracked down on homeless Americans, introducing measures that make life an even greater struggle for some of our most vulnerable citizens.  These include laws that prohibit sleeping or storing belongings in public areas.  Out of 234 U.S. cities surveyed in 2011, one-third prohibited sitting/lying in certain public places.  These “sidewalk bans” are not only morally abhorrent, but highly ineffective at addressing homelessness.

This past November, Berkeley, CA came uncomfortably close to passing a sidewalk ban that would have fined homeless individuals $75 for sitting on sidewalks in commercial areas between 7 a.m. and 10 p.m.  The Berkeley Sit-Lie Ordinance—“Measure S” on the Election Day ballot—was narrowly defeated 52.5 percent to 47.7 percent.

Read more »

[ 1 Reply ]

The Return of the Rapporteur

Posted on October 31, 2012
by

Three years to the week since her six-city mission to the U.S., the UN Special Rapporteur on the right to adequate housing, Raquel Rolnik, returned to the U.S. to present her report on the financialization of housing to the UN General Assembly.  In addition to presenting at the UN, she also presented her report at an event organized by last year’s McKinney-Vento Personal Achievement Awardee, Rob Robinson, at the CUNY Graduate Center.

The Rapporteur’s new report is impressive, analyzing the impact of the slow but sure change of the broad public conception of housing from homes designed to meet an individual’s basic needs to an investment vehicle to drive corporate profits.

For those interested in talking about housing as a human right, this report is a must-read, providing a principled framework for returning the discussion from this profit-based vision of housing to one where housing is designed to meet people’s needs.  As some of the other speakers noted, the fact that the U.S. has far more vacant homes and apartments (“people-less homes”) than homeless people demonstrates how severe the profit paradigm has become.

I was asked to speak on the legacy of the Rapporteur’s 2009 mission to the U.S.  I see this legacy existing in two major areas—the organized, educated activists she left behind, and the policy shifts catalyzed by the recommendations in her mission report– and the advocacy of said activists.

The Rapportuer’s visit was coordinated by over 70 organizations in 6 cities, as well as dozens of others who presented testimony at our National Forum on the Human Right to Housing in Washington, D.C.  In all, she heard from over 2,000 individuals.  And those individuals and organizations left with a deeper understanding of how and why it is important to talk about housing and homelessness as human rights issues in the U.S.

When the U.S. prepared for its Universal Periodic Review of human rights policy by the UN Human Rights Council, these same activists were able to participate in government consultations, successfully making housing the “number one human rights issue” brought to the government’s attention.

The Rapporteur’s report echoed the voices of the people she heard, with over 30 pages of analysis and more than 30 concrete recommendations, running the full gamut of housing issues.  Among other recommendations, and at our request, she called for the U.S. Interagency Council on Homelessness to issue a report on constructive alternatives to the criminalization of homelessness—which it did this year, in conjunction with the Department of Justice.  And thanks to her report and our advocacy, it included an unprecedented statement that criminalization not only raises constitutional concerns, but implicates U.S. treaty obligations as well.  This is the first time in history that a U.S. agency has said a domestic practice may violate international human rights standards.

We are literally changing the way our government talks about housing and homelessness.  That is the legacy of the rapporteur’s visit—a legacy we hope to continue growing.

We look forward to working with the Rapporteur on her new report on the security of tenure, and continuing to use her previous reports to help us return our national dialogue to the core belief that housing is a human right and implement the policies to realize it.

- Eric Tars, Human Rights & Children’s Rights Program Director

Leave a Reply ?

A Painful Truth

Posted on June 14, 2012
by

Philadelphia; Denver; Ashland, OR. What do these cities have in common? They are all addressing homelessness and poverty by making it a crime.

And in Sunday’s edition of the USA Today, we shared a painful truth: they’re not alone.

Across the country, cities are stepping up efforts to criminalize the public performance of simple, necessary acts of human existence such as sleeping and eating. According to our most recent national report on the topic, which surveyed 234 cities nationwide, 16 percent prohibit “camping” anywhere in the city.

As homelessness continues to increase at record rates, more cities are resorting to the criminal justice system for solutions. It’s the wrong approach. Read more »

[ 1 Reply ]

Troubling Increase in Criminalization Laws Continues

Posted on June 14, 2012
by

The startling trend of criminalizing the behavior of homeless persons is continuing across the country.

Despite advocacy by the Law Center, Denver has begun enforcing a ban on camping. The law defines camping as any attempt to cook or sleep in public with some form of shelter (which could be something as simple as a blanket).  Denver is treating this behavior as if it were a choice, but recent data suggests that there are approximately 200 more homeless people than shelters can house at full capacity. This new law is an outward attempt at “city beautification” at the expense of homeless people’s human rights.

Unfortunately, the Denver ordinance is not the only law that makes necessary human activities illegal. Read more »

[ 1 Reply ]

Denver Reminds Us Laws Have Human Consequences

Posted on May 15, 2012
by

No matter how much you guard against it, there’s a part of you that gets used to human suffering.

I smiled tiredly, slipping a dollar in his cup and letting my mind wander.  I was already turning away when he grasped my hand.

He squeezed slightly and guided me back.  Whereas before his total person was a tilted cup, I was confronted now with a complex being.  A wispy gray beard ghosted sharp angles; his palms were covered in coarse white lines from a life spent earning something; and he held in his eyes imagination and loss.

He shook my hand firmly.  “My name is Jimmy.”

Late last night, despite advocacy by the Law Center and others, the Denver City Council passed legislation criminalizing homelessness by a vote of 9-4.  This law, which makes it illegal for homeless people to sleep outside, is only the latest symptom of a 20 year-old pandemic that many still ignore.

In 1991, the Law Center published Go Directly to Jail, highlighting a growing trend among cities to sweep homeless people out of public view by making illegal their life-sustaining acts.  For the past two decades, we’ve been tracking and challenging these laws—preventing passage, suspending enforcement, or even striking them down in court.  Yet still the trend persists.

There’s a lot of reasons these policies don’t make sense.  Fiscal hawks don’t have a leg to stand on; it costs up to five times more to jail a person than it does to provide housing.  And by giving homeless people criminal records, we’re making it harder for them to secure employment—damaging our economy and perpetuating the need for social services.

Criminalization laws also violate prohibitions on “cruel, inhuman[e], and degrading treatment” under human rights treaties.  The U.S. has an obligation both to itself and the world community to honor those terms.

But above all else—setting aside all the number-crunching and policy proposals—we have responsibilities as human beings.

Jimmy stared into my eyes.  He tugged me closer, pumping my hand in his.

“He that is inclined to mercy shall be blessed,” he recited earnestly.  “For of his bread he hath given to the poor.  He that maketh presents shall purchase victory and honor: but he carrieth away the souls of the receivers.”

I nodded timidly.  I think I meant it to show gratitude.  He didn’t smile, or frown.  I guess he just was.

His eyes searched mine, and with a final shake I was released.

There’s nothing illegal about being human.  That these laws receive even the briefest consideration is an indictment of us all.

Homelessness is not an unsolvable problem.  We know how to end it—we only need the resources.  In the meantime, we must ensure no homeless person is punished for their misfortune.

We’re better-positioned than ever before to address this crisis.  The federal government stepped up to the plate last month, with the Department of Justice and Interagency Council on Homelessness releasing a report condemning criminalization and pushing constructive alternatives.  But now it’s time to turn those words into action.

Denver is just one of countless cities sweeping homeless people out of sight, but it’s no less wrong for its having company.  Real human beings will be hurt by this.

It’s time to end this despicable practice and satisfy our convictions as moral people.

- Andy Beres, Development & Communications Coordinator

[ 1 Reply ]

April Showers Bring May Flowers

Posted on May 14, 2012
by

As the early spring’s plantings start to blossom in my yard, I’ve also been appreciating that the seeds for the human right to housing, some planted years ago, have also started to bloom.

In early April, the U.S. Interagency Council on Homelessness and Department of Justice issued a groundbreaking report condemning the growing trend toward criminalizing homelessness, warning that such policies “undermine real solutions” and may violate the constitutional and human rights of homeless people, including U.S. treaty obligations under the International Covenant on Civil and Political Rights and the Convention Against Torture.

This is the first time a domestic policy report has referenced our international treaty obligations, let alone saying our domestic policies might actually violate them!

We planted this seed in 2009 when our advocacy secured passage of the HEARTH Act, a requirement of which was to produce a report on criminalization.  We nurtured this by hosting numerous representatives of the Interagency Council and the Justice Department at our National Forums on the Human Right to Housing, as well as meeting with them through the Universal Periodic Review and in consultations with UN experts to discuss housing and homelessness in a human rights context.  We’re seeing a formal analysis of human rights treaties blossom as part of the government’s domestic policy discussion.

Last week, three UN human rights experts on extreme poverty, housing, and water and sanitation welcomed this domestic recognition of human rights.  “This report,” a press statement said, “could generate a tangible difference in the lives of hundreds of thousands homeless Americans.  By identifying viable and effective alternative practices and policies, it will not only assist the US Government in complying with its international human rights obligations, but also in addressing the root causes of homelessness.”

Evidence of where future blossoms may sprout comes from my trip to Eugene, Oregon, toward the end of April.  While there, at the invitation of the Eugene Human Rights Commission, I met with many local service providers, homeless persons, and advocates, as well as the mayor, city manager, three city councilors, and numerous other city staff, to discuss implementing the human right to housing at the local level.

As Eugene worked earlier this year to disperse the OCCUPY Eugene encampment, activists demanded a process to address the needs of homeless persons in the camp who had no home to go to.  They subsequently developed the Opportunity Eugene Task Force, a 58-member dialogue which produced a series of recommendations, including a recognition of the human right to housing in Eugene.  The mayor and city council are currently considering the recommendations.

So far as I’m aware, my meeting is the first time high-level city officials have sat down for two full hours to discuss the human rights implications of homelessness.  While the city has many challenges in working to implement the full recommendations of the Task Force, some are more immediately achievable, such as examining the city’s laws to ensure their enforcement does not criminalize homelessness and produce the counter-productive effects cited in the Interagency Council’s report.  Others, like creating a safe ground for homeless persons to camp without harassment and with necessary water and sanitation services, may serve as an interim step to full enjoyment of the right to housing.

There’s still much more work to be done before we can fully enjoy the fruits of our labor, with every American enjoying their basic human right to housing.  But seeing these initial blossoms inspires me to keep on cultivating, with the knowledge that those fruits are on their way.

- Eric Tars, Human Rights Program Director

Leave a Reply ?

Homeless People Aren’t Criminals

Posted on February 15, 2012
by

A new USA Today column by Arjun Sethi, a young attorney and member of the Law Center’s Associates Advisory Council, leaves no room for debate: it’s wrong to treat homeless persons like criminals.

There’s no shortage of reasons why criminalizing homelessness is wrong.  On their face, such policies are morally deplorable.  The idea that we would punish people for their lives having unraveled is so far outside the boundaries of conscience that it’s almost surreal we’re even talking about it.

Even stripping away the human element, basic math is on our side.  It costs about $87 per day to jail a person, and $28 to give them shelter.  There’s no escaping the fact that criminalization is irrational fiscal policy.

And while these laws cycle homeless people in and out of the criminal justice system, making it more difficult for them to receive services and get a job, there’s ample evidence that prevention and housing programs work.  The Homelessness Prevention and Rapid Re-housing Program prevented or ended homelessness for over one million people.  Seems a little more constructive than throwing them in jail, doesn’t it?

At the end of the day, it’s incumbent upon us to keep the pressure on.  By every objective measure, we’re in the right on this issue.

To learn more about criminalization laws and how you can get involved in the fight to restore homeless persons’ dignity, read our report and advocacy manual.

- Andy Beres, Development & Communications Coordinator

Leave a Reply ?