More cities prosecuting the homeless for living outside

As more cities try to regulate the conduct of homeless people, more homeless people and their legal advocates are fighting back—and a lawsuit in Sarasota, Fla., illuminates the battle.

Sarasota has one homeless shelter run by the Salvation Army. Just before dawn last August, a Sarasota police officer roused David Cross, a homeless man sleeping outside the library. The officer issued Cross an infraction for sleeping outdoors, even though the shelter was full; A Sarasota ordinance prohibits “out-of-doors lodging.”

Cross did what many homeless people are now doing: he sued the city, claiming the regulations strip his right to survive. City ordinances across the country are targeting homeless populations, making it illegal to panhandle, distribute food, and sleep or sit outside. Officials say the ordinances help reduce crime, health issues, and nuisances for residents and business owners.

Estimates of the number of homeless people in Sarasota County vary, with many hovering around 1,400. The Salvation Army shelter, zoned for 260 beds, is often full at 3 p.m. It primarily serves participants in recovery programs. Other nonprofits offer daytime services such as bathroom facilities and laundry, but people without a place to sleep turn to the streets.

The American Civil Liberties Union says Florida tourists don’t want to see the reality of homelessness, and argues that if individuals get help many will “get out of the cycle of homelessness.” Sarasota Police Capt. Kevin Stiff told me many homeless individuals refuse the opportunities available to them.

In 2012, police arrested a homeless man in Sarasota for “theft of utilities” after he charged his phone in a city park outlet. Later that year, the ACLU obtained messages between Sarasota law enforcement officers calling themselves “bum hunters.”

“It was an issue because of the complaints we got from citizens about people sleeping, and doing other things in their doorways, and panhandling, and being aggressive in begging for money,” Sarasota Police Chief Bernadette DiPino told PBS. “And people sometimes are just scared by homeless … so we get a lot of complaints.”

The lawsuit David Cross (with ACLU help) has brought claims the city prosecuted nearly 900 homeless people between 2013 and 2014 on the basis of lodging ordinances and trespassing laws. The Sarasota mayor or city manager did not return calls requesting comment. Cross hopes the city will build a downtown emergency shelter for people in need. “It’s not illegal to be homeless,” he told The Washington Post.

One hundred cities banned sitting or lying down in public by 2014, according to a National Law Center on Homelessness & Poverty report. That represents a 43 percent increase in three years. Cities are cracking down on homeless people sleeping in vehicles or on park benches. Some trashcans now have locking mechanisms to prevent rummaging.

The Chicago Tribune reported last year that the city has 6,000 homeless people who are now allowed only to carry two coats, two pairs of shoes, one sleeping bag, and no boxes, carts, plants, or an array of other items. A homeless man sued the city in March after sanitation crews threw out all his personal belongings, including medication and identification documents.

Last year, the Obama administration took notice of the rising issue when a Boise, Idaho, lawsuit challenged the city’s anti-camping regulation. The Justice Department said it is unconstitutional for police to punish homeless people for sleeping outside when there is inadequate shelter.

“I don’t blame business owners for trying to solve problems that impact their livelihoods,” said John Ashmen, president of the Association of Gospel Rescue Missions, the largest Christian network of crisis shelters. “But cities should find more ways to provide for the needs of homeless people before they enact laws to prohibit their presence. “