homeless, and urban camping rights

[Jhanananda]

Department Of Justice documents:

Justice Department statement of interest

Addressing Police Misconduct Laws Enforced By The Department Of Justice

Federal Criminal Enforcement
It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. §§ 241, 242). "Color of law" simply means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts "under color of law" even if he or she is exceeding his or her rightful power. The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed.  What remedies are available under these laws? Violations of these laws are punishable by fine and/or imprisonment. There is no private right of action under these statutes; in other words, these are not the legal provisions under which you would file a lawsuit on your own.

Poverty Is Not A Crime

There is no principle underlying our criminal justice system more essential than that we must treat equally the wealthy and the poor.  As former Attorney General Robert F. Kennedy said in 1962, “If justice is priced in the market place, individual liberty will be curtailed and respect for law diminished.”...

Despite these longstanding ideals and principles, in some places around our country, fines are still being imposed and people are still being incarcerated for nonpayment without a judge ever making the basic required inquiry — “Can this person afford to pay?”  In these places, court fines, fees and other financial obligations can lead to unnecessary incarceration, trap people in a cycle of poverty, and undermine the faith in the justice system that is so critical to public safety...

Fine and Fee Practices

“The consequences of the criminalization of poverty are not only harmful – they are far-reaching,” said Attorney General Loretta E. Lynch.  “They not only affect an individual’s ability to support their family, but also contribute to an erosion of our faith in government.  One of my top priorities as Attorney General is to help repair community trust where it has frayed, and a key part of that effort includes ensuring that our legal system serves every American faithfully and fairly, regardless of their economic status.”

The Justice Department is committed to reforming justice-system practices that perpetuate poverty and result in unnecessary deprivations of liberty...

[Jhanananda]

Homeless Bill of Rights

Years of research and advocacy around criminalization of homelessness and increasing violence committed against people experiencing homelessness has shown that added protections are needed to preserve the civil rights of people experiencing homelessness. NCH staff work to educate public officials and local advocates about the importance of passing protections for those without housing in the United States.

Homeless Bill of Rights measures work to ensure that homeless individuals are:

    Protected against segregation, laws targeting homeless people for their lack of housing and not their behavior, and restrictions on the use of public space.
    Granted privacy and property protections.
    Allowed the opportunity to vote and feel safe in their community without fear or harassment.
    Provided broad access to shelter, social services, legal counsel and quality education for the children of homeless families.

The following cities and states have passed or are considering homeless rights legislation:
California | Connecticut | Delaware | Illinois | Baltimore, Maryland | Minnesota | Missouri | Oregon | Puerto Rico | Rhode Island | Tennessee | Vermont | Madison, Wisconsin

Local Partner Organizations:
Rhode Island Coalition for the Homeless
Western Regional Advocacy Project (WRAP)

To discuss more local initiatives, join our Homeless Civil Rights Forum.

The Homeless Bill of Rights (also Homeless Person's Bill of Rights and Acts of Living bill) refers to legislation protecting the civil and human rights of homeless people. These laws affirm that homeless people have equal rights to medical care, free speech, free movement, voting, opportunities for employment, and privacy. Legislation of this type has become law in Rhode Island, Connecticut and Illinois and is under consideration by several other U.S. states.

Controversy over Legislation Affecting the Homeless
At issue in homeless bills of rights are local codes that outlaw loitering, vagrancy, sitting or lying on the sidewalk, begging, eating in public, and other behaviors. These codes disproportionately affect homeless people.[1]

The National Law Center on Homelessness and Poverty concludes its report on the "criminalization of homelessness" with an exhortation to change the laws:[1]

    Laws that criminalize visible homelessness are immoral and offend our basic human instincts. They are contrary to the fundamental religious and political principals from which the American people seek guidance, and their existence demonstrates that we have fallen vastly short of our religious and foundational aspirations.

Business interests, represented by the California Chamber of Commerce, have called Assemblymember Tom Ammiano's Homeless Person's Bill of Rights [2] a "job killer" which would create "costly and unreasonable mandates on employers."[3] Some municipalities and local politicians also oppose the laws, which impose state authority to overturn local regulations. San Francisco Supervisor Scott Wiener commented:[4]

    Our local laws against forming encampments, passing out and blocking sidewalks, and otherwise monopolizing public spaces would be wiped off the books. Think we have a street behavior problem now? Just wait until this passes.

The Los Angeles Times suggested in an editorial that the Homeless Bill of Rights does not go far enough unless accompanied by economic resources allocated to provide housing.[5] Joel John Roberts, CEO of People Assisting the Homeless, argued similarly that the Homeless Bill of Rights may be toothless and even enabling. Roberts writes:[6]

    There needs to be a balance between criminalizing homelessness with ordinances that persecute people who are forced to live on the street, and giving those same people the right to do whatever they want without any consequences.... A more powerful Bill of Rights for people who are homeless, however, would consist of one simple right: the right to housing.

Legislation in the United States

The idea of a "Homeless Bill of Rights" has been discussed periodically in the U.S., and was presented formally by a group of New York City ministers on Martin Luther King, Jr. Day, 1992.[7] City Councilperson Peter Vallone introduced several versions of such a Bill in 1998, despite strong opposition from Mayor Rudy Giuliani.[8]

Puerto Rico and some states have passed laws adding homeless people to their lists of groups protected against hate crimes.[9]
Rhode Island

Rhode Island was the first state in the U.S. to pass a "Homeless Bill of Rights". John Joyce, who was homeless for a period in his life, is responsible for the initial introduction of the bill. The Rhode Island law, S-2052, was ratified in the state of Rhode Island on June 21, 2012 and signed into law by Governor Lincoln Chafee on June 27.[10] It amends the Rhode Island Fair Housing Act with wording intended to protect the rights of homeless people and prevent discrimination against them. It is the first U.S. state-level law designed to protect the rights of homeless people.
[show]Excerpt from Rhode Island bill S-2052

The well-established Rhode Island Coalition for the Homeless (and a newer subgroup called Rhode Island Homeless Advocacy Project) collaborated with the more radical Occupy Providence group to lobby successfully for the Bill.[11][12]

The law does not guarantee positive rights such as housing or food, and some homeless advocates are concerned that it has not had enough impact.[13]
Connecticut

On June 5, the Connecticut Assembly passed a Homeless Bill of Rights (SB 896) with seven protections similar to those passed in Rhode Island. Pending signature by Governor Dan Malloy, the bill would take effect on October 1, 2013. The Connecticut law significantly includes freedom from police harassment in its first section.[14]
[show]Excerpt from Connecticut bill SB 896
Illinois

On August 22, 2013 Illinois became the second state to adopt a homeless bill of rights.[15]
[show]Excerpt from Illinois bill SB 1210
California

State Assemblymember Tom Ammiano (D-San Francisco) introduced a Homeless Person's Bill of Rights[2] to the California Assembly in December 2012.[16] In May 2013, the Appropriations Committee postponed debate until January 2014.[4] Assemblymember Ammiano said in a statement that his bill was suspended largely because of the costs of setting up new infrastructure and enforcing the new rules.[4] A report by the Chair of the Assembly Appropriations Committee estimates that setting up hygiene centers across the state would cost $216 million, with ongoing operating costs of $81 million annually.[2] The report also estimates that setting up facilities for annual law enforcement reports would cost $8.2 million, with ongoing operating costs of $4.1 million annually.[2] Without providing estimates, the report notes that other costs, some potentially significant, include those associated with the right to counsel conferred to the homeless for defending against infractions, and those associated with defending against lawsuits brought against cities by the homeless alleging violations of rights conveyed under the bill.[2]

California's Homeless Bill of Rights(Right2Rest Act), SB 608, was introduced by Senator Carol Liu (D) in February 2015. The ”Right to Rest Act,” would, among other things, protect the rights of homeless people to move freely, rest, eat, perform religious observations in public space as well as protect their right to occupy a legally parked motor vehicle. Also refer to UC Berkeley's Policy Advocacy Clinic Presents: California’s New Vagrancy Laws a New Report on the Growing Criminalzation of Homeless People in California.

A vote was not rendered during the 2015 process in the Housing and Transportation Committee and was asked to come back for a vote in the next California legislation session with amendments in order to get the necessary votes and pass to the next house. Please refer to the Western Regional Advocacy Project (WRAP) in San Francisco, who drafted the legislation along with other homeless, housing, public/social policy advocates. The Right2Rest is the first of three campaigns in California's Homeless Bill of Rights (Right2Rest, Legal Representation, and Hygiene Centers). Both Oregon and Washington states have same/similar legislation and are working with WRAP to draft and pass a Homeless Bill of Rights in their perspective states. Homes should be a human right.

[Jhanananda]

Starbucks pledges to donate 100% of unsold food

The coffee giant set a goal Tuesday to donate 100% of its unsold food still safe to eat from its 7,600 U.S. stores. Through partnerships with Food Donation Connection and the nonprofit Feeding America, perishable food will be picked up from Starbucks stores each day in refrigerated vans and redistributed to food banks. That includes breakfast sandwiches, paninis, salads and the company's "bistro boxes," prepackaged meals filled with snacks like vegetables and hummus, fruit and wraps that otherwise would have been thrown out.

Starbucks says the program, called FoodShare, will provide five million meals in the first year and nearly 50 million by 2021, when it expects to reach a 100% donation rate. Starbucks has already partnered with Food Donation Connection since 2010 to donate its surplus pastries.

Starbucks is hoping other restaurants will get on board and that it could eventually dispatch its refrigerated vans to other chains looking to divert food waste. The pledge is significant given a government goal set last year to cut food waste in half by 2030.

Feeding America estimates the country wastes 70 billion pounds of food every year. Meanwhile, millions of households are considered food insecure, defined as lacking "access to enough food for an active, healthy life for all household members," according to the U.S. Department of Agriculture, which says 17.4 million households were food insecure in 2014.

This is something that the homeless will have to come to terms with.

It is about time the Department of Justice came to the rescue of the last of the marginalized social groups in the USA.
DOJ Calls for an End to Jailing People for Being Poor

Still looking in all of the wrong places for solutions.
Don't blame police for San Diego homeless sweep

...the police and environmental services agency cleared homeless encampments in downtown San Diego right before a major rainstorm was expected to sweep through the area, people were appalled.

According to San Diego County’s annual point-in-time count, which provides a snapshot of the number of people who are homeless on any given night, more than 5,500 people who live in the city of San Diego don’t have a home to call their own.

Of those, about half live on the streets, and, unsurprisingly, the largest concentrations of them live downtown. There aren’t enough housing programs — such as affordable and permanent supportive housing — to accommodate them, so they create makeshift communities along the sidewalks.

It is not an easy life. Tuberculosis, pneumonia and hepatitis C are relatively common among unsheltered homeless people, as are substance abuse and severe mental illness. Hundreds of the unsheltered people in San Diego are veterans. Countywide, 70 percent of people who are homeless have been so for more than a year — many far longer than that.

I understand that our sidewalks need to be kept clean and safe for everyone to use, but the least we can do is offer the people who have no choice but to live on them respect by treating them with the dignity that any human being deserves.

What upset me most was that our city government cleared these homeless encampments without clearly identifying what areas would be cleared. Signs were posted over a very large area, making it difficult for people to easily move their belongings out of the way of the sweeps.

That would be bad enough, but the police and environmental services department dismantled the only shelter people have right before a major rainstorm. I’m betting most people would consider that downright cruel.

To me, making it clear to people what’s going to happen to their things, when it’s going to happen and exactly where, is just common sense.

But if simple common sense isn’t enough, the federal government is no longer going to sit back while local governments crack down on their homeless citizens with heavy hands.

[Jhanananda]

Ending Homelessness for People Living in Encampments: Advancing the Dialogue

This report is designed to assist communities in developing an action plan that will link people experiencing homelessness and living in an encampment, with permanent housing opportunities.

To end homelessness for everyone, we must link people experiencing unsheltered homelessness, including people sleeping and living in encampments, with permanent housing opportunities matched with the right level of services to ensure that those housing opportunities are stable and successful. The information and ideas contained within this document have been developed by USICH based upon conversations and problem-solving discussions with advocates, housing and services providers, and government officials across the country regarding what they have learned, and are still learning, about the most effective approaches and strategies.

Ending Homelessness for People Living in Encampments
Advancing the Dialogue

Quick Guide
Ending Homelessness for People Living in Encampments:
Advancing the Dialogue

Planning Checklist
Ending Homelessness for People Living in Encampments:
Advancing the Dialogue

[Michel]

The U.S. Department of Housing and Urban Development wants to make living in a tiny-house or an RV illegal:

http://www.thesleuthjournal.com/hud-wants-make-living-tiny-house-rv-illegal/

The video is worth watching, as well.

[Jhanananda]

I do not see the following HUD rules restricting people from living in motor homes and RVs.  I see it as a regulation that prevents people from buying motor homes and RVs with HUD funding.

HUD has proposed the following law:

    This proposed rule would modify the current exemption for recreational vehicles in the Manufactured Home Procedural and Enforcement Regulations.  Under the current exemption, questions have arisen regarding whether park model recreational vehicles are regulated by HUD’s manufactured home program. These park models are being produced with patio roofs, screened in porches, and other extensions that exceed the 400 square foot maximum exemption in the current regulations. Additionally, some of these models are being marketed as suitable for year round living. HUD’s proposed rule would permit recreational vehicle manufactures to certify that a unit is exempted from HUD’s regulations. Specifically, HUD’s proposed rule would define a recreational vehicle as a factory build vehicular structure, not certified as a manufactured home, designed only for recreational use and not as a primary residence or for permanent occupancy, and built and certified in accordance with either the National Fire Protection Association (NFPA) 1192-2015, Standard for Recreational Vehicles, or the American National Standards Institute (ANSI) A119.5-15, Recreational Park Trailer Standard. In addition, to provide consumers notice regarding the manufacturing standards used to construct the unit, HUD’s rule would require that units claiming the exemption display a notice that identifies the standards used to construct the unit and states that the unit is designed only for recreational use, and not as a primary residence or permanent dwelling.

I do see in between the lines of the effort to put all of the homeless in homes is some of us do not want to be ghetoized.  I would rather be free to live on the road, rather than be stuck in low-income housing, or senior housing with a bunch of old or poor people whom I have noting in common with.

[Michel]

... I would rather be free to live on the road, rather than be stuck in low-income housing, or senior housing with a bunch of old or poor people whom I have noting in common with.

I feel alone and misunderstood by my family. I find it so difficult to relate to them. The psychiatrist doesn't know what to think of me other than I have a serious mental disorder.

[Jhanananda]

I feel alone and misunderstood by my family. I find it so difficult to relate to them. The psychiatrist doesn't know what to think of me other than I have a serious mental disorder.

That is the way it is with we mystics.  We will be misunderstood, except by fellow mystics, our whole life.  So, we grow to prefer our solitude.

[Frederick]

If I didn't understand someone, but I loved them, such as family, I'd make a effort to try to understand them and to make them feel loved despite my inability.

I would not focus on classifying their mental disorders or whatever.

All humans deserve love and respect even if we don't understand them.

[Jhanananda]

This is good advice, follinge; however, the mystic is more often than not the victim in misunderstanding and it is typically the family who does not understand the mystic, and tends to abuse the mystic.

[Jhanananda]

The 2015 Annual Homeless. Assessment Report (AHAR) to Congress. NOVEMBER 2015. PART 1.pdf

[DDawson]

Hello Jhanananda,

I've daydreamed of attempting homelessness and to begin by just getting familiar with camping but haven't really followed through with these thoughts.  The closest thing I've experienced was when I dredged for gold for two summers with my brother on the Yuba river.  It was amazing how our tent site began to feel just like a home.  We couldn't stand it for more than 4 days in a row though.  The lure of electricity and television was to much for me.  My problem is I own a couple of houses that aren't being lived in right now.  One of them is a 5 or 6 bedroom house in the little town of Mitchell Oregon.  This old town is kind of a tourist stop in the summer and is located near the painted hills east of Prineville, Oregon.  You know, if you are having trouble being homeless and want to try something different, you're welcome to live there free of charge.  It's just been sitting empty for 3 years and I have to come up with a plan for it.  I just thought I would put that out there.  If anyone else has some ideas, just let me know.  Thanks

[Jauho1979]

Hello Jhanananda,

I've daydreamed of attempting homelessness and to begin by just getting familiar with camping but haven't really followed through with these thoughts.  The closest thing I've experienced was when I dredged for gold for two summers with my brother on the Yuba river.  It was amazing how our tent site began to feel just like a home.  We couldn't stand it for more than 4 days in a row though.  The lure of electricity and television was to much for me.  My problem is I own a couple of houses that aren't being lived in right now.  One of them is a 5 or 6 bedroom house in the little town of Mitchell Oregon.  This old town is kind of a tourist stop in the summer and is located near the painted hills east of Prineville, Oregon.  You know, if you are having trouble being homeless and want to try something different, you're welcome to live there free of charge.  It's just been sitting empty for 3 years and I have to come up with a plan for it.  I just thought I would put that out there.  If anyone else has some ideas, just let me know.  Thanks

I think this is a great idea! Perhaps Jhananda and co. here can use the place as a GWV center (if Mr.  Dawson is okay with it). Who knows? 

[Jhanananda]

I think this is a great idea! Perhaps Jhananda and co. here can use the place as a GWV center (if Mr.  Dawson is okay with it). Who knows? 

Great idea, and thanks, DDawson for the offer.  I would hear straight there if my van was not dead.  I have been working on it for more than a month.  I hope to have it running soon.

[DDawson]

Hi Jhanananda.

Glad someone's interested in putting it to good use.  No obligations on your part though.  I'm going to drive up, hopefully within a month and start working on it again.  Even in its present state, its completely livable but there could be some improvement.  My brother stopped  by there a few days ago on his way down from Spokane, to weed eat the lawn and said someone broke into the shed and stole the lawn mower and the ladder but no one has broken into the house yet.  So when or if your ready check it out, let me know.  Thanks