Homeless Sweeps
Passed in 2012 under the approval of Mayor Hancock, the Unauthorized Camping Ordinance that discourages the soliciting of homeless people has attracted widespread debate around the state due to its recent firm enforcement in Denver.
The Unauthorized Camping Ordinance prohibits the obstruction of public passages and validates the authority of figures such as police officers to request individuals to move upon evaluation of their infringement of this piece of legislation.
Regulated in a number of states, it most frequently comes in direct conflict with homeless people—resulting in the nickname “homeless sweeps” by the public. In certain areas, there have been cases in which officers have been accused of stripping individuals of their possessions in attempts to move them off the streets and sidewalks.
It has gained attention due to its direct effect on Denver’s homeless population, the Metro Denver Homeless Initiative citing that “there were 5,467 homeless individuals counted in the seven county Denver Metro area” in a survey conducted in late January.
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Many people are fighting the state government on this measure in a variety of means of expression.
They have engaged in peaceful protests outside the Denver City and County Building, camping with signs that read slogans like “Just like the trees planted by the waters, we shall not be moved” and “Support the right to rest: Homelessness is not a crime” that tug the heartstrings and invoke poignant emotions.
Teens in PlatteForum’s Learning Lab, a non-profit organization that supports young artists in Denver, constructed an exhibit entitled “Dear Mayor Hancock, What Are You Going To Do?” in December that contains pieces and mementos that tastefully tell the stories of those who are affected by the ordinance. The showcase ranges from journalistic pieces that spotlight what it is like to be homeless through written stories or photo essays to materials scavenged from abandoned encampments to photo collages composed from magazines coverage of the issue as it progresses.
Citizens also voiced their hardships in a Denver City Council Meeting early December, in an effort to capitalize on a platform that can reach those with the power to repeal the measure directly face-to-face.
“What is going on is psychological abuse,” said Robin McClarick at the meeting, who describes herself as homeless.
St. Francis Center outreach professional Sophia Lawson also argued at the meeting that the sweeps were counterproductive and not connecting people to promised resources, saying “Be honest about what it is doing to our community and then be courageous enough to find real solutions, because that’s not what they’re doing here.”
All who attended resonated of the same sentiment toward the sweeps--that they simply wanted to be left alone.
One Denver resident, Jason Flores-William, filed a case against the city of Denver and popular authority figures such as Mayor Michael Hancock and police Commander Tony Lopez to dispute the legitimacy of the ordinance.
“A homeless person carries their life with them,” the lawsuit opens, continuing, “It is difficult to imagine what it must feel like to be already homeless and suffering, then be forced to watch as everything you own in the world is thrown into a dump truck while you are afforded no means to contest the seizure and destruction of your property.”
It proceeds to outline the numerous constitutional amendments it believes the ordinance denies to Colorado citizens such as the Fourth that prohibits unwarranted search and seizure, the Eighth that prohibits cruel and unusual punishment, and the Fourteenth that guarantees equal protection and due process.
In California, a parallel case was filed against a similar measure by numerous civil rights groups that echoes of the same lingering unrest and tension. It specifically pertained to refuting the seizing of property by police.
In an interview with SFGate, senior attorney for the American Civil Liberties Union of North California Michael Rishner stated that the lawsuit is about “giving the proper notice and respecting people’s property,” because “this [ordinance] is far from being a solution to homelessness, it is something that makes homelessness worse.”
The state government, however, justifies its actions.
“Every step that the city takes — and our number one goal — is to connect people experiencing homelessness with services and a place indoors that is safe and warm,” said Amber Miller, spokesperson for Hancock, in an interview with The Denver Post.
The city attorney also wrote in a statement, agreeing, “Neither the unauthorized camping ordinance nor any other city law ‘criminalizes’ anyone simply for being homeless.”
But, in response to these calls for reform, Mayor Hancock issued a statement in December that he has “directed Denver police to cease taking camping equipment, like tents and blankets,” in a compromise despite his reinforcement of the viewpoint that it is “simply unhealthy and unsafe to sleep outdoors, especially in low, winter temperatures.”
As the clash between the two sides continues until a definite solution is established, it is increasingly important for people to voice their perspective in order to encourage discussion.
Notes
Angle: How will increasingly cold temperatures and the spirit of the holidays affect people’s perception of the issue?
Remember to tie back into the community
Research → Need more balance in opinions
Will homeless sweeps cause increased demand at local shelters during bad weather?
Specific cause/effect of bad weather
Homeless people and advocates denounce “sweeps,” ask Denver City Council to repeal camping ban
Discussion between individuals with diversely different opinions
As Enforcement of Urban Camping Ban Escalates, So Do Efforts for Its Repeal
Example of protest
Specifics
In protest of sweeps, homeless activists camp outside the Denver City and County Building
Poignant images of protest
Helping or enabling? Mayor on letting homeless keep blankets, tents
Mayor perspective on the issue → pro sweeps
A lawsuit claims Denver’s homeless sweeps violate the constitutional rights of people living on the streets
Valid points against it
Denver’s camping ban could find itself on trial after citations challenged in court
Considers both sides
“Dear Mayor Hancock” exhibit puts focus on Denver’s homeless
Source #2: Emotional Appeals at City Council Meeting To End Homeless Sweeps
"[The sweeps] impede me from being able to deliver the services that the city says the sweeps help to provide — to connect people to resources.”
“It is the position of the Mayor's Office that it is unhealthy and unsafe for people to be sleeping outside.”
Source: Mayor Hancock Statement Regarding Unauthorized Camping Ordinance
“As a city, we have a responsibility and moral obligation to protect the lives of our residents. Urban camping-- especially during cold, wet weather -- is dangerous and we don’t want to see any lives lost on the streets when there are safe, warm places available for people to sleep at night. Every night, we have beds open for people to sleep and every day we have safe places and resources to help people experiencing homelessness.”
Source #5: Unauthorized City Ordinance Document
“It shall be unlawful for any person to knowingly:
(a) Obstruct a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place used for the passage of persons, vehicles, or conveyances, whether the obstruction arises from the person's acts alone or from the person's acts and the acts of others; or
(b) Disobey a reasonable request or order to move issued by an individual the person knows, or reasonably should know, to be a peace officer, a firefighter, or a person with authority to control the use of the premises, to prevent obstruction of a highway or passageway or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.”
Source #9: A lawsuit claims Denver’s homeless sweeps violate the constitutional rights of people living on the streets
“A homeless person carries their life with them: their documents, their medicines, their valued mementos and photographs of family and friends that get them through the long nights out on the streets,” the lawsuit states. “It is difficult to imagine what it must feel like to be already homeless and suffering, then be forced to watch as everything you own in the world is thrown into a dump truck while you are afforded no means to contest the seizure and destruction of your property.”
“In legal terms, he argues the city has violated the Fourth Amendment, which prohibits unreasonable search and seizure without a warrant, the Eighth Amendment, which prohibits cruel and unusual punishment, and the Fourteenth Amendment, which guarantees equal protection under the law and due process.”
Source #10: Lawsuit demands Caltrans stop seizing property in homeless sweeps
“Risher emphasized that the lawsuit isn’t about prohibiting cleanups of encampments. It’s about giving the proper notice and respecting people’s property, he added.”
“This is far from being a solution to homelessness, it is something that makes homelessness worse,” Risher said.”
