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We Are Alive

Editor’s Note: This is the final part of a series, following The Drifting Dark.

“It’s about the only thing I got.  ’Cause I’ve sinned, man.  Damn, have I sinned.  And been sinned against.”

It’s been a year since I last wrote about “V,” the homeless woman I met outside my K Street office.  I used to buy her lunch, keep her company with idle chat.  When I found out she was suffering abuse from the man she was staying with, I pushed her to take action.  But she wasn’t interested in shelters or police, and I was bankrupt of solutions.

After some months, V disappeared.  She didn’t panhandle outside my office.  Her special hiding place was empty, with no trace of her belongings.  I asked about her in places where homeless people gathered, but no one knew her.

For a while afterward, I’d walk in a pattern around my building before entering the office.  I toured storefronts and corners and back-alleys.  I saw more misery, but none was hers.  Whatever hope I’d begun with eroded each day.

At some point, though the first moments elude me, my walks weren’t about finding her anymore; they were out of habit.  My spirit had gone about its own mission: learning to live with never knowing.

I got used to dragging along her memory.  I put my head down and accepted my station, and saw to its function with purposeful avoidance.  My savage wonder at whether she was dead or alive was pushed deep down inside me.

But I still couldn’t sleep.

 [1]

I’ve got this habit of letting loose paper and 5-Hour Energies pile up in my office.  When critiques have worn me down enough, I’ll do a little cleaning.

In the spring, I was sifting through some old grant files when a strip of gray paper popped out from between two folders and floated to the floor.  I was about to toss it in the garbage when I saw some sloppy cursive writing.

On one line, there was a phone number beside the words: “V (Tim’s Cell).”  On the other was an address.

I felt the blood leave my face.  My breath caught in my throat.  I reread the words again and again, and tried to match them to a memory.  I’d given her my number a dozen times, jotted down on the back of a business card, and chided her each time not to lose it again.  But I couldn’t remember ever receiving hers.

I set the paper on my desk and paced through the office.  Hands shaking at my sides, I stepped out to the bathroom to avoid scrutiny.

I splashed some water on my face and stared in the mirror.  Despair, and then hope, flooded through me in equal measure.

I wiped my face on my sleeve and leaned on the sink.

[2]

“I have no idea where it came from,” I said, chomping violently on my gum.  “It’s like it fell out of the sky.”

My friend nodded sympathetically.  She leaned forward on her forearms and asked: “Did you try calling?”

“Yeah.  Number’s disconnected.  I paid some website to run a trace, but nothing came up.”

“What about the address?”

“Took a look on Google Earth.  Saw what the building looks like.”  I let out a low grunt, glancing out the window.  A cold weight settled on my shoulders.

“I’ve never been closer.  I’ve never had this much information,” I said, before sighing sharply.  “But I don’t know what to do with it.  I’ve got no idea what good it is.”

Her mouth pinched down at the corners.  She was more watching me than listening.  I shook my head and grasped uselessly for some courageous platitude.  All I managed was a shaky breath.

“It’s not your fault,” she said quietly.

I glanced off, eyes unfocusing, and V spun through my head in grainy frames like a psychic microfiche.  All the times I helped her, and all the times I didn’t, flickered in my brain.

It’s kind of sweet the way a friend will lie to you.

[3]

I got a list of every service provider within five miles of the address and called them one by one, while a colleague of mine contacted the shelters near our office.  They all politely told us that they could neither confirm nor deny they knew anyone fitting V’s description.  It’s sound policy, of course; I’m sure abusers call after their victims often.

It was a longshot anyway, given her distrust of institutions.

I read the address off the paper and typed it into Google again.  The building, dull and brown with a beat-up awning, filled my screen.

I pictured her face, creased in fear, as she walked inside.

I put my head in my hands.

 [4]

“You know, we ain’t ever talked about the good book,” she said, taking a sip of her Coke.

I smiled slightly, shielding myself from the sunlight as it bounced off her greasy hair.  “Bring it.”

“You believe in God?  You must—you’re a good guy.”

“Do you?”

“Of course I do,” she said irritably.  “Why the hell else would I call it the ‘good book?’”

I laughed silently, unfolding my legs to lean back against the wall.  I tracked V’s eyes, which had a dreamy quality, to some far-off point.  She looked deathly serious.

“It’s about the only thing I got,” she said.  “’Cause I’ve sinned, man.  Damn, have I sinned.  And been sinned against.  And Jesus says that everything’s forgiven.  No matter how far you fall, he puts his hand out.”

“It’s a nice idea.”

“You done bad things?” she asked.  I shifted uncomfortably, before nodding slightly.  She continued, “You should read the good book.  Explains things—explains why we’re here.  Makes me feel better.”

I looked out at the sundry mass  of people, each individual ensconced in their own affairs.  Some were talking on the phone; others had their head down.  A few were talking to each other.  I smiled self-consciously.

“I think everyone’s wired to look for the point of things—for some reason,” I said.  “ And maybe it’s that.  Or maybe it’s all just bones and leaves.”

V took one of those long sips where you can tell that the can is actually empty.  Her eyes dulled.  I watched her mood lower through the black like a well bucket.

She set her Coke down and looked at her hands.  Then she looked out at the street, and at the sidewalk.  Her eyes took in everything but me.

“I think he’s gonna do something, Andy.”

It was a few days before I found the resolve to review an online archive of violent crimes reported near the address.  The descriptions were vague—just street corners and the type of incident.  There were at least 15 that could have fit.

I called up a friend at a local newspaper and asked him to check my incident list against the paper’s old crime sections.  I was able to rule out most of them, leaving me with three about which I had no information.

I wrote down the case numbers on a post-it note.

[5]

The setup was sort of strange, I thought.  The record office was in the middle of a long, thin corridor.  There was a waiting area with about five seats, and a glass window with a small depression at the bottom for the exchange of paper and money.

I waited in line, nervously flipping the post-it in my hands.  The floor creaked as I tapped the rhythm to Born to Run.

“Next.”

I smiled awkwardly, sliding the post-it under the glass to the clerk.  He looked utterly disinterested when he asked: “Are these your records?”

“Um—well…” I stammered, trailing off helplessly.

He rolled his eyes at me.  “I’m not gonna arrest you.  Just tell me why you want them.”

I looked down in embarrassment.  Then I took a calming breath, rubbing my forehead, and said: “I’m just worried about a friend.”

It was another hour before I’d actually receive the records.  For someone who spends as much time in their own head as I do, it might as well have been a century.

When they finally called my number, I sprang up out of my chair and ripped the papers from his hand.

I walked to the far wall, only slightly aware of my heart hammering against my ribs.  My eyes darted up and down to find the descriptions of each victim.

One by one, I confirmed that none of them were V.

And I was disappointed to realize that it brought me no relief.

[6]

“That’s not going to help her.  If you do that, it has nothing to do with her.  It’s about you—and your guilt.”

Having exhausted my other options, and driven by some primitive, inconsolable anger, I thought about showing up at his door.  In the part of the brain that controls logic and not satisfaction, I knew it was pointless—and that it could make things worse.  But for days, it was almost all I thought about.  I pictured the moment in vivid detail.  I created sounds and smells and manufactured a blissful confrontation.

And that was all about me.

I remember standing over the shredder, directions to the building in hand.  And after a long moment, my shoulders slumped and I dropped them in.

[7]

I’ve always liked the idea of handwritten letters.  There’s so much meaning lost when something’s typed out.  I’m grateful for e-mail; there’s a lot of relationships I’d have lost but for its invention.  And yet sometimes I feel so distant from people.

I must have gone through ten drafts before I settled on a tone.

I told her I was looking for her, and that I hoped she was okay.  I wrote that she should call me, so we could reminisce and speak of the good book.  And I was there for her—ready to help however I could.  I was sorry if I hadn’t helped enough.

I sealed it in an envelope labeled:

To: V
From: Andy

I set out from the office to find her special place.  It was early evening, and the first shadows were cast over everyone as the sun petered out.

About five blocks from the semi-trailer where she used to keep her belongings, a man in his forties, with a long beard that was more gray than black, stepped into my path.

“Yo, my man—you got a minute?”

I nodded, and he moved to one side.  “Here, I’ll walk with you,” he said, matching my gait.  “I’m not trying to hold you up; I just got a favor to ask.”

“What do you need?”

“Look, I’m not some deadbeat, and I know you don’t owe me nothing.  I’m not gonna mug you or anything.”

I grinned a little.  “I’m glad.”

The man repeated his assurance, then told me a long story about how he’d done things he wasn’t proud of—things that put him in prison.  He’d been out a couple weeks now, but he didn’t have any money and he needed to get back to Philadelphia with his girlfriend and her daughter.

“I’m just trying to do things right,” he said.  “I’m not a deadbeat.  My friend in Philly says there’s a job for me, but I gotta get us there.  I gotta get us on a bus.”  He held his hands up and showed me his palms, covered in coarse white lines from a life spent striving.  “God as my witness, whatever your reasons, I’m just asking for a little help.  And if you don’t want to—it’s cool, I understand.  But I’m asking you.  Man to man.”

I asked how much he needed, and gave him that amount.

He stared at the bills, smiling, and shook his head.  Then he slipped the money in his pocket.  I laughed nervously  when he put his arms around me.  It lasted just a moment, as men’s embraces do.

“Thank you.  Whatever…” He shook his head again.  “God bless.”

I glanced down the street.  The alley was in view now.  He followed my eyes and asked: “You in a hurry somewhere?”

“I’m looking for someone—a friend.  I lost her a while back.  She’s homeless.”

“You ain’t seen her?”

“Not in a while.”

A weariless smile tugged at his lips, warping his beard so that it looked like a fake one you’d use to play Santa Claus.  He hummed under his breath.

“I bet you’re gonna find her,” he said happily, nodding to himself.  “I can picture it.  Her face is gonna light up, and she’s gonna give you a big hug.  Gonna be so happy to see you.  I can see it in my head.”

I could see it too.  His vision entered my brain through some osmosis.

He wished me luck, told me to keep my head up.  I asked him to do the same.

Nothing had changed about the alley, or about the narrow passage between the building wall and the semi-trailer where V had taken solace.

I used my phone as a flashlight, sliding through the opening until I felt the far wall.  I squatted down gingerly and shined the light underneath the trailer.

There was no coat, no sleeping bag, no food.  There was no beat-up Walkman, or a woman to play it.  Empty pavement sprawled out before me.

I slid down the brick wall, and put my head on my knees.

I dropped the envelope beside me.

The sun disappeared.

 [8]

After a long, uneven winter, I met the next spring eagerly.  I don’t think we’re built for long nights and short days.  They say the seasons affect our brains, that winter depresses us, but I think it’s something deeper—something science can’t address.

It was the first day I’d seen the sun in weeks.  The air was that perfect kind of cool.

At lunch time, I rode the elevator down with a colleague.  We headed outside, chatting about something trivial.  We were a few feet down the sidewalk when a familiar voice cut through the air.

“Andy!”

V leaned on the wall, cup in hand, and gave me a gummy smile.  It only widened at my paralysis.  I stared dumbly, numb down to my bones.

“I been lookin’ for you,” she said brightly.  “I been asking.  And here you are.”

I took a cautious step toward her, my heart falling into my guts and bouncing back.  I placed a palm on my forehead and let out a breathy laugh.

“Oh my God.  It’s—God, it’s so good to see you!  I’ve—I’ve been looking for you,” I rambled.  “Where have you been?  I’ve—I was so worried about you.”

There was such life in her eyes.  They roamed down her own body, as if to point out her clean clothes.  “I been staying somewhere across town,” she said.

“The guy you were with—”

“I left him,” she said proudly, smiling again.  “Ain’t had nothin’ to do with him.  Been staying with someone else—a nice guy.  Been with him since November and things have been great.  Still can’t get a job, but things are great.  Things are so great.  I even put some weight on, haven’t I?”

I blinked something back, glancing down to hide it.

“It’s so good to see you,” I repeated softly.

“I couldn’t forget you, Andy.  Not if I tried.  Hopefully we’ll be seeing each other now.”

My colleague offered me a pen, and I took out a business card to jot my number on the back.  I had a kind of nostalgic feeling as I smiled and handed it to her.  “Try not to lose this one, would you?”

“I won’t,” she said—just as she always did.  “You’ll be hearin’ from me.”

I nodded skeptically, studying her again—her clarity and cleanness, the spark in her eyes—and I thought back on what she’d been through, and what I’d been through, and about how human life, all of it, is inseparably connected.

I leaned down and held her.

 [9]

I walked out of a meeting with a colleague, and settled back at my desk.

My phone showed a missed call and a voice mail.  It was a D.C. number, but I didn’t recognize it.  I looked through some work e-mails while I held the phone to my ear.

“Hi, Andy,” a warm voice said.  “I know you’re gonna be even more surprised hearing me on the phone.  Told you I wouldn’t lose it!”  She laughed softly.  “I wish I had a camera to take a picture of your face when you saw me.  Wasn’t that a good meeting?”  She paused, taking a long, calm breath.  “I’m gonna get back with you.  Maybe next time I’ll hear your voice.  I love you, my brother.”

I leaned back in my chair, a stupid grin on my face.

My chest filled with peace.

- Andy Beres, Development & Communications Coordinator

New Report Shows Millions of Renters at Risk of Eviction and Homelessness

When the foreclosure crisis began in 2008, the national spotlight was on homeowners.  But research shows that 40 percent of families facing eviction due to foreclosures are renters.  And over the last three years, the total numbers of renters affected by foreclosures has tripled.

Before 2009, renters in foreclosed properties enjoyed no federal protections and state laws varied widely.  Under the laws of many states, even today, the lease agreement between a tenant and a defaulting landlord does not survive foreclosure and tenants who have done everything right, paid their rent on time, and complied with all of the terms of their leases can be legally evicted with little or no notice.

All that changed in May 2009, when, after months of advocacy by the Law Center, Congress passed the Protecting Tenants at Foreclosure Act (PTFA), guaranteeing renters in foreclosed properties at least 90 days’ notice prior to eviction or, in many cases, the right to remain in their home until the end of their lease. While the act was scheduled to sunset in 2010, the Law Center’s advocacy also led to its extension as part of the Dodd-Frank Wall Street Reform of July 2010.

Unfortunately, the law will still expire after 2014 if Congress fails to act.  The Law Center urges Members to act immediately to make PTFA permanent.  Already, the law has prevented millions of renters from eviction and homelessness—and with state laws still not going far enough, it’s incumbent upon the federal government to ensure families are protected.

Even if PTFA becomes permanent, though, our work will not be finished, because as our report released today demonstrates, efforts to improve oversight of PTFA’s implementation must be redoubled.  Violations of the law continue—and as the saying goes, a law is only as good as it is enforced.

Eviction (Without) Notice analyzes results from a nationwide survey of renters and advocates, showing that lack of communication between the new owner and the tenant is the most commonly reported problem.  These communication struggles are largely the fault of landlords whose identities and whereabouts may be unknown to renters as a result of the foreclosure. However, violations take a variety of forms and affect tenants in myriad ways.

After the federal government and state attorneys general signed the historic “National Mortgage Settlement” with the nation’s five largest loan servicers in February 2012, the Law Center conducted further advocacy with the U.S. Department of Housing and Urban Development to ensure PTFA is complied with as required under the settlement.  To ensure renters receive proper notice of their rights—thus preventing wrongful eviction—the Law Center maintains partnerships with direct service providers, the National Association of Realtors, Bank of America, and other lenders and agents.  It also works with federal regulatory agencies to ensure oversight of lenders’ practices. And in the last year, we made important strides in enforcing PTFA through the judicial system, filing amicus briefs in five critical cases in Arizona, California, Oklahoma, and Maryland addressing improper evictions.

The tragedy of violations of the Protecting Tenants at Foreclosure Act is made worse by the injustice of it. Renters are innocent bystanders caught in the crossfire of the foreclosure crisis, becoming vulnerable to homelessness through no fault of their own. Extending the Act’s protections beyond 2014 is not only critical to the housing stability of millions of Americans, but it’s also an important step toward protecting security of tenure as required by the human right to housing.

To read Eviction (Without) Notice, click here.

- Mary Beth Morrissey, Communications Associate

Homelessness & Human Rights Day

December 10 is Human Rights Day, a global day of recognition of the basic rights that are fundamental to all human beings.  At the Law Center, we’re taking the opportunity to update our report card on U.S. compliance with the human right to housing for 2012. While there are some bright spots, I’m sorry to say that overall the grades are poor. We have much work yet to do, and I hope we can count on your support going forward.

Safe, decent, affordable housing is a basic human right, recognized globally and defined with specificity in international law. But while the U.S. was a leader in establishing and championing international human rights law and institutions over 60 years ago, and continues to speak out as a leader on the global stage, unfortunately here at home our words do not match our reality. Read more »

Domestic Violence a Leading Cause of Homelessness for Women and Youth

October is Domestic Violence Awareness month, and it’s an important occasion for anyone concerned about homelessness.  As we note below, domestic violence is a leading cause of homelessness—for women, in particular, as well as unaccompanied youth.  For many, the only choice may be between continued abuse and fleeing their home.  For those who lack the resources to secure alternate housing, the result may be homelessness—and further violence.

In the absence of sufficient safe, affordable housing or stable shelter, many survivors join other homeless people living in public places. There, they face increased exposure to violence, as indicated by the shocking number of crimes committed against them.   For homeless women, rape is disturbingly prevalent.

Life without safe housing presents other dangers, too, for both women and men.  Without a street address, it is difficult to maintain a legal identity, making it challenging or impossible to access vital resources such as health care.  Read more »

Voter ID Laws Seek to Prevent Fraud That Doesn’t Exist, Could Disenfranchise Millions

As election season heats up, voter ID laws are in the news. This month’s issue of In Just Times raises important concerns about their impact on marginalized groups, and shows how this is part of a broader trend towards increasing inequality in our country.

As I explained in my recent Huffington Post piece, proponents of voter ID laws claim states are simply protecting the integrity of the ballot by preventing fraud — surely a worthy goal. They also note that state-issued IDs are free. But while the ID may be free, actually getting it is anything but.

In Wisconsin, for example, obtaining a state-issued photo ID requires: name and date of birth; identity; citizenship or other appropriate immigration status; and residency. You also need to present a social security card. As discussed in an article below, the Law Center has joined forces with the ACLU, ACLU of Wisconsin, and pro bono partner Dechert LLP to mount a federal court challenge to the law.

Read more »

Americans’ Voting Rights are Under Attack

Help the Law Center protect the right to vote!

Voting rights are under attack in a way not seen in decades.  Right now, 44 states have current or pending voter ID laws that will make it difficult -- or even impossible -- for many eligible voters to cast their ballots in 2012.  As many as 5 million voters could be disenfranchised.  Worse, the laws will have a disproportionate impact on specific communities: homeless, poor, elderly, and disabled persons; minorities; and students.

The new laws require voters to produce specific types of government-issued photo ID that many eligible citizens do not possess.  Proponents of the laws claim these measures crack down on widespread voter fraud, but there is no credible evidence that such fraud even exists.  In fact, one study found that a person is more likely to be struck by lightning than cheat the system.

Wisconsin and Pennsylvania are among the states to already enact voter ID laws.  A new study on the potential impact of Wisconsin's law on Milwaukee citizens shows that:

  • Eligible Latino voters are 206 percent more likely to lack accepted photo ID than eligible non-Hispanic white voters;
  • Eligible African-American voters are 182 percent more likely to lack accepted photo ID than eligible non-Hispanic white voters; and
  • Only 6 percent of registered white voters in Milwaukee County lack an accepted photo ID, compared to 15.3 percent of registered black voters and 11.3 percent of registered Hispanic voters.
The National Law Center on Homelessness & Poverty -- in partnership with the American Civil Liberties Union, ACLU of Wisconsin, and Dechert LLP -- has filed a federal lawsuit charging that the Wisconsin voter ID law is unconstitutional and will deprive citizens of their fundamental right to vote.  If successful, the Law Center will establish a federal legal precedent that could strike down or prevent passage of other voter ID laws across the country.

The suit is brought on behalf of eligible Wisconsin voters who the law may disenfranchise, including:

  • A 52 year-old homeless veteran whose only photo ID, a veteran ID issued by the VA, will not be accepted at the polls;
  • An 84 year-old woman who has voted in every election since 1948 and is a long-time member of her village board, but who lacks a valid birth certificate to obtain a state-issued ID; and
  • A 19 year-old African American man who cannot afford the fee to obtain a copy of his birth certificate, which he must produce to get a state-issued ID.

The Law Center's suit alleges that allowing only certain types of photo ID imposes a severe burden on the right to vote in violation of the Equal Protection Clause of the 14th Amendment.  It also alleges that the law violates the 24th and 14th amendments because it effectively imposes an unconstitutional poll tax.

"Protecting homeless persons' right to vote is crucial since voting is one of the few ways that homeless individuals can impact the political process and make their voices heard," Law Center Civil Rights Attorney Heather Johnson remarked in a press statement when the suit was filed.  "By limiting participation to Wisconsin residents with photo identification, this law effectively silences homeless persons' voices.  With homelessness rising by 12 percent in Wisconsin since the recession began, we cannot allow the state to set this dangerous and unconscionable precedent."

Carl Ellis, a homeless veteran, added: “If I can serve my country, I should be able to vote for who runs it.  These laws are undemocratic and un-American.”

In April, the Law Center amended the suit to include charges that Wisconsin's law illegally blocks minorities and veterans from the polls under the federal Voting Rights Act, signed into law by President Lyndon Johnson in 1967.  The Voting Rights Act bans the use of voting practices that have a disparate negative impact on racial and language minorities.

The Law Center is also working to ensure homeless and poor people know their rights, and training lawyers, advocates, and poll watchers to protect them on election day.  Knowledge is power, and a vote is a voice.

We're on the frontlines of this fight, but we need your help!  Voter ID laws are an unconscionable threat to the democratic process.  Will you help us make sure our voices are heard in 2012?

This isn't about who people vote for -- only our right to vote.  Help us preserve over 200 years of progress.  Because when liberty's taken from anyone, it's taken from us all.

UPCOMING: 25th Anniversary of the McKinney-Vento Act

Dear Friends,

On behalf of the National Law Center on Homelessness & Poverty, please accept our invitation to recognize with us the 25th Anniversary of the McKinney-Vento Homeless Assistance Act, as we consider “The State of Homelessness and Poverty in America.”

Please join us and our special guests, Congresswoman Judy Biggert (IL-R) and Congressman Alcee L. Hastings (D-FL), from 2 - 4 PM on Thursday, July 19 at the National Association of Realtors’ top floor and roof-deck at 500 New Jersey Ave., NW.  The event will feature Tom Morgan’s new documentary film, “These Storied Streets,” which shares the heartbreaking and inspiring stories of several homeless people and is narrated by Susan Sarandon.

We will also give special recognition to the Law Center’s exemplary LEAP member and pro bono partners. *

Please RSVP to anniversary@nlchp.org, or (202) 638-2535.  We look forward to seeing you there!

Sincerely,
Maria Foscarinis
Executive Director

* · Akin Gump   · Covington & Burling   · Dechert LLP   · DLA Piper   · Fried Frank   · Hogan Lovells   · Jenner & Block  · Katten Muchin Roseman   · Schulte Roth & Zabel   · Sidley Austin   · Simpson Thacher   · Sullivan Cromwell   · WilmerHale

Equity, Prosperity, and the American Identity

“People need to live somewhere, and in the absence of other shelter, that will be in public,” said Maria Foscarinis, speaking Monday on a panel discussing the inequities of access to housing and urban poverty. The founder and executive director of the National Law Center on Homelessness and Poverty spoke on the second of a series of panels leading up to the 6th Annual World Urban Forum in September.

The June 18th panel, entitled, “Equity and Prosperity: Distribution of Wealth and Opportunities,” opened with the moderator posing the question of why policymakers should be concerned with equality in the first place. Read more »

A Painful Truth

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 »

Denver Reminds Us Laws Have Human Consequences

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