HomeMy WebLinkAboutSubmittal-Constance Collins-Letter About Anti-Encampment Ordinancecp
The Anti -Encampment Ordinance Will Exacerbate Homelessness Q
and Unfairly Penalize Our Community's Most Vulnerable Residents Q &
CD
"There are some activities so fundamental to human existence that it defies common sense that they might be treated as CD :
crimes. Falling asleep, standing still, and sitting down, are all necessary actions for any human being's survival. c
While ... unquestionably legal when performed indoors, more and more communities across the country are treating these CD
life -sustaining behaviors as criminal acts when performed in public places by people with nowhere else to go."
- National law Center on Homelessness & Poverty
n
As of January 2020, Florida has an estimated 27,487 people experiencing homelessness on any given day !0
(USICH, 2019) — with Miami -Dade consistently ranking number one for the highest homeless population.
(FLHealthCHARTS, 2021). More exposed than ever, the proposed anti -encampment ordinance' will place
individuals experiencing homelessness and members of our community at a greater risk, directly going
against CDC guidelines which declares that "municipal and government agencies should refrain from
clearing homeless encampments due to the risk that presents to the public health" (Bojnansky et al., 2021).
With the homeless protections afforded under the Pottinger Agreement'- long gone, people who are
experiencing homelessness, specifically in Miami -Dade, are yet again targeted (Bojnansky et al., 2021), and
subjected to discriminatory and punitive measures.
Punitive measures serve no productive purpose (LA Downtown News, 2019) as people experiencing
homelessness are not there by choice, but rather because of a lack of choices. Perpetuating the cycle of
homelessness, criminalization laws and policies place additional barriers in the way of escape (Urban Institute,
2020). Specifically, arrests, unaffordable tickets, and other consequences of having a criminal record increase
the chances of failing background checks for employment and housing, and often prevent people from
qualifying for public benefits, all of which make it more difficult for people to exit out of homelessness (Tars,
n.d.). This new ordinance proposes to impose a $500 fine and up to 60 days in jail (Kaiser et al., 2021),
effectively criminalizing homelessness. In addition to a criminal record, fines and legal fees can amount to
significant costs, which left unpaid can result in the suspension of driver's privileges, further criminal
penalties and even additional jail time (Tars, n.d.). The added burden of a criminal record and outstanding fees
and fines will only make it more difficult for those experiencing homelessness to find employment, secure
housing, financial stability and transition out of homelessness. Thus, an ordinance to effectively ban
homelessness only exacerbates the problem.
Exactly where will persons without homes be able to sleep? If not the sidewalks, the middle of the
street? We do not have enough shelter bed capacity in our community to shelter everyone. The Lotus
House Women's Shelter, by way of example, which is already sheltering up to 500 women, youth and
children nightly, is regularly forced to turn away women and children in need due to lack of capacity. The
simple fact is that the combined available shelter beds of all the shelters in our community are insufficient for
all those persons now regrettably on the street. Having just completed its new and expanded facilities three
years ago at a cost of over $28 Million, with no financial assistance from the City, it is apparent that the
capital investment required to actually increase the overall shelter bed capacity of our community is unlikely
' Proposed Amendment to Chapter 37 of the Code of the City of Miami, Florida, as amended, titled "Offenses -Miscellaneous" to add anew section
prohibiting encampments on public property.
' Pottinger v. Miami, 810 F. Supp. 1551 (S.D. Fla_ 1992) (concluding that the homeless' request for declaratory and injunctive relief, which prohibited
police and city from arresting homeless individuals when engaged in harmless activities, shall be granted. Reaching this decision, the Court rationed
that the arrests were cruel and unusual and in direct violation of the Eighth Amendment to the US Constitution, the City had infringed on the
fundamental right to travel and the City violated the Fourth Amendment by unlawfully seizing and destroying the personal property of homeless
individuals.)
to be forthcoming any time soon. Indeed, the funds needed to run our existing shelter system are woefully
wanting and inadequate.
Moreover, the right to use and move freely in public places should not be based on housing status, and
the personal property of people experiencing homelessness should not be subject to unreasonable
searches and seizures (Housing Not Handcuffs, 2017). Anti -encampment ordinances cannot solve this public
health issue because there are inadequate shelter beds in our community wide system. Struggling to keep their
sheltered guests safe and doors open with rising costs of operating, shelters are experiencing hardships. In the
wake of this ongoing pandemic, shelters are extremely underfunded as additional financial resources are
desperately needed to maintain basic operations, food and meals, supportive services, and safety for our most
vulnerable community residents. If the City is concerned about homelessness, it needs to invest more deeply
in the shelter system and related financial resources to end homelessness to assure safe shelter in times of
need and swift successful transitions to housing as persons exit to housing.
This anti -encampment ordinance neglects the larger issue — the universal cause of homelessness is the
lack of truly affordable housing (WRAP, 2010). Individuals experiencing homelessness are merely engaging
in life -sustaining activities and, therefore, should not be targeted and disproportionately penalized when there
is limited access to truly affordable housing. A home is as fundamental to the dignity, health, wellbeing and
prosperity of children and families as food, education and health care, and should be recognized as a
fundamental human right. Combined with pervasive historical and persistent racial and ethnic discrimination,
gender based violence, disparities in access to health/mental health care, education and meaningful
employment opportunities, the lack of affordable housing and safe, supportive shelter renders many in our
community suffering the ravages of homelessness on our streets. Left with the most basic needs (i.e. food,
shelter, clothing, etc.) unmet, people experiencing homelessness are simply trying to survive. Making life
more difficult for those on the street only exacerbates homelessness rather than contributing to its resolution.
Blaming the victim is not the solution. Rather than proposing ways to punish people for engaging in life
sustaining activities, the conversation needs to be shifted to real world, practical solutions like greater
financial assistance, supportive shelter with deep protective factors, a safe downtown drop in center to
connect those in need to supportive services, truly affordable housing, and community based resources
that can actually help bridge the gap and allow people to successfully exit out of homelessness.
Supporting this anti -encampment ordinance based on the claims that residents are unable to maneuver through
sidewalks (Kaiser et al., 2021), blatantly fails to realize that people experiencing homelessness are our residents
too. By prioritizing the needs of one resident over another because of housing status and aesthetics, this
ordinance not only fails to address this public health crisis, but ultimately contributes to homlessness
making it more difficult for those in need to end homelessness. It dehumanizes our most vulnerable
neighbors and fails to recognize our responsibility as a community to provide adequate resources for
those in need.
Prepared by: Submitted into the public
Sundari Foundation, Inc. dba Lotus House Women's Shelter record or tem(s)
217 NW 15th Street, Miami, Florida 33136
on � City Clerk
www.lotushouse.orQ
Contact: Constance Collins, President, 305-613-1573, constance@lotushouse.org
References
Bojnansky, E., & Peery, D. (2021, March 3). The politics of homelessness in Miami. The Miami Times.
Retrieved October 8, 2021, from
https://wwwmiamitiniesonline com/news/the-politics-of-homelessness-in-miami/article 66e2bb08-7c2f-1leb
-9 5 9e-ef 743 d6c9d46.htinl.
Five charts that explain the homelessness jail cycle -and how to break it. Urban Institute. (2020,
September 16). Retrieved October 7, 2021, from
https://wNvvv. urban. ora/featLires/five-charts-explain-homelessness-j ail-cyc le -and -how -break -it.
Florida homelessness statistics. Homeless in Florida Statistics 2019. Homeless Estimation by State I US
Interagency Council on Homelessness. (n.d.). Retrieved October 7, 2021, from
httos://www.usich. Qov/homelessness-statistics/fl/.
. Homeless Estimate. FLHealthCHARTS Data viewer. (n.d.). Retrieved October 7, 2021, from
httos://flheattlicharts.com/charts/Otlierindicators/ oonVitalIndNoGrpCountsDataViewer.aspx?cid=8675.
Kaiser, A. J., & Flechas, J. (2021, September 24). Miami may ban homeless encampments, arrest
residents. Advocates say that's a crime. Miami Herald. Retrieved October 7, 2021, from
Mips://www.miamiherald. coin/news/local/community/miami-dade/article2542 86628.html.
National Law Center on Homelessness & Poverty. (n.d.). No safe place - homelesslaw.org. National Law
Center on Homelessness & Poverty. Retrieved October 7, 2021, from
https:Hhomelesslaw.org/wp-content/uploads/2019/02/No_Safe_PI ace.t)df
National Low Income Housing Coalition. (2021, September 24). Retrieved October 7, 2021, from
https://nlihe.org/.
Policy solutions. Housing Not Handcuffs. (2017, June 19). Retrieved October 8, 2021, from
https://housingnothandcuffs.org/policy-solutions/.
Tars, E. S. (n.d.). Criminalization of Homelessness. National Low Income Housing Coalition. Retrieved
from https://nlihc.org/sites/default/files/AG-2021/06-08_Criminalization-of-Homelessness.pdf.
Western Regional Advocacy Project Without Housing (WRAP). (2010). Retrieved October 8, 2021, from
https://wraphome. org/wp-content/uploads/200 8/09/2010%2OUpdate%2OWithotit%2OHousing.pdf.
When it comes to homelessness, punitive measures are not the answer. Los Angeles Downtown News -
The Voice of Downtown Los Angeles. (2019, December 26). Retrieved October 7, 2021, from
http ://www.ladowntownnews. com/opinion/when-it-comes-to-homelessness-punitive-measures-are-not-the-an
swer/article—a4569714-25d9-Ilea-86fa-33ac9939daee.html.
Submitted into the public
record for litem(s)
on Il-4 _ N±J, City Clerk