Policing the Homeless: Broken Windows ‘On Steroids”

by Lynn Lewis

March 29, 2016, The Crime Report

Cities, towns and rural areas all over the United States are experiencing a housing crisis not seen since the Great Depression. Homelessness is the tip of the iceberg of that crisis; but rather than address its causes, local authorities are treating it as a law enforcement problem.

That has not only led to real tragedies, but violates the Constitution.

In recent years, we’ve seen police officers used to force homeless folks out of public spaces, buttressed by laws that effectively criminalize life-sustaining behavior such as lying down in a park, or by regulations that restrict the ability of homeless people to share the same rights of access to public space as those with homes.

New York City has set an especially poor example.

The New York Police Department (NYPD) recently created a new category to define instances where two or more individuals, assumed to be homeless, congregate in public. In an internal memo, obtained by the Picture the Homeless organization, where I am director, it termed these as “hot spots” where police are empowered to intervene. And such “hot spots” could include parks or other public spaces.

The memo, dated Jan. 19, 2016, was “issued to all commands” with the subject line: Re: Homeless Encampment Procedure.” [fusion_builder_container hundred_percent="yes" overflow="visible"][fusion_builder_row][fusion_builder_column type="1_1" background_position="left top" background_color="" border_size="" border_color="" border_style="solid" spacing="yes" background_image="" background_repeat="no-repeat" padding="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="no" center_content="no" min_height="none"][A copy of this memo is available on request from Picture the Homeless.]

Substitute race, age, gender or any other category in this definition, and it would be considered blatant discrimination.

Most city residents know that rents are becoming increasingly exorbitant, stretching the budgets of low-income, working and middle class individuals. For those earning a minimum wage and who rely on fixed incomes of social security or disability benefits, it is becoming more difficult each day to afford rent.

Too many are one missed check, medical condition or emergency away from losing their home.

In New York City, San Francisco, Denver, Dallas, Los Angeles, and many smaller cities, the impact of failed housing policies that do not provide affordable living options for residents go back decades. But instead of correcting these policies, local authorities have empowered police departments to pursue strategies of homeless removals, sometimes in conjunction with Business Improvement Districts and other civic groups.

Mandates that force the homeless go somewhere else, with police ordering them to move at any hour of the day or night, have become all too common. The impact of such police actions can be catastrophic. Clearing the homeless in sudden police sweeps often means that they lose their personal effects, ranging from medications and IDs, to clothing and family photos.

The real goal is humiliation and harassment: It sends a message to disappear out of public sight into the shadows.

This is “broken-windows” policing on steroids.  It’s not just mean or bad policing; it is also unconstitutional.

Being homeless is not a crime. But the strategies that criminalize the homeless are authorized by local laws and policies that violate anti-discrimination laws and rights to due process—and which people with little-to-no legal resources are ill-equipped to challenge in court.

For example,  NYPD Commissioner Bill Bratton, who is considered one of the country’s foremost proponents of the broken-windows policing strategy, recently announced that homeless New Yorkers found sleeping will be removed from  subway trains and platforms—regardless of whether they paid their fare.

Editors’ Note: In other reports, Bratton insisted the NYPD would wake individuals up in order to protect them, claiming that 50 percent of reported crimes on the subway “involve sleeping passengers.”   

This announcement flagrantly undermines New York City’s own laws.

In 2013, it became the first jurisdiction to prohibit police from profiling individuals based on housing status. Local Law 71, passed as part of the Community Safety Act, bars police from using factors such as actual or perceived housing status as the determinative factor in initiating law enforcement action.

That law, while evidently not stopping police abuse, was a start in the right direction.  But there’s a lot more to be done.  Under Local Law 71 for example, a homeless person who experienced police eviction must prove he or she has been the victim of profiling—which requires the kind of legal assistance unavailable to most homeless.

During the administration of New York Mayor Bill de Blasio, who has made affordable housing a key part of his platform, we’ve also seen the NYPD collaborating with other city employees to confiscate and throw away the belongings of homeless people—a clear violation of due process and property rights.

An incident in East Harlem in October was captured on a surveillance camera. In that incident, no one was arrested, but homeless people were physically abused and had their property thrown away as part of a broader police initiative meant to harass, intimidate and force people to “leave the area.”

Elsewhere in the country, the increase in the use of “move on” orders by local police in order to disperse  and dismantle  what have loosely been called “encampments” has drawn some opposition from the Department of Justice in a legal filing, and policy recommendations opposing such approaches to “encampments” have been issued  by the White House Interagency Council on Homelessness.

Yet Bratton bulldozes on. He recently indicated in a speech at the Manhattan Institute that “courts have barred officers from shooing people sitting on the sidewalk or lying on a subway grate — though the rules are so complex that if someone is lying in a box instead of a piece of cardboard, forcing them to move along is OK.”

Bratton has a long history of targeting and stigmatizing the homeless.  In his first term as police commissioner under Mayor Rudy Giuliani, Bratton declared soon after his appointment in 1994 that ”we are going to flush them [homeless people] off the street in the same successful manner in which we flushed them out of the subway system.”

But the struggle to oppose such stigmatizing is also gaining traction. Homeless folks are not only asserting their rights, but promoting real solutions to homelessness in many of their communities.

Picture the Homeless in New York, the Western Regional Advocacy Project (WRAP) in several western states, the San Francisco Coalition on Homelessness, and Denver Homeless Out Loud are just a few examples.  In both Denver and San Francisco, sweeps of homeless folks and their belongings have been met with resistance.

Grassroots organizing, led by the homeless, is the only way to end these abusive practices and educate the broader public that homelessness is directly connected to bad housing and community development policies and practices.

Discriminatory broken-windows policing exacerbates homelessness. It destroys lives. And it undermines our values as a society.

We are better than this. We need to advance real housing solutions, not the status-quo, politically expedient approach that designates law enforcement as the first responder to homelessness.

Lynn Lewis is the director of Picture the Homeless In New York City.

 

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September 4, 2020

Strike Watch, Labor Day: Vonda McDaniel on Workers Redefining “Nash-Vegas” and Taking on Power in Tennessee

Earlier this summer, we had the fortune to sit down with Central Labor Council (CLC) of Nashville & Middle Tennessee President Vonda McDaniel. McDaniel gave us key insights – shared in this Strike Watch interview -  into the critical organizing led by food processing workers hard-hit in unsafe meatpacking plants in the region and throughout the US as the COVID-19 pandemic worsened.  But meatpacking is not the only place workers are rising up in the Nashville area – where organizations are redefining Black and migrant-led labor organizing in new and important ways.

As we honor the many essential workers on the front lines of our economy this Labor Day, FJE presents our continued conversation with Council President McDaniel. She shares below about important new organizing across retail, urban development, healthcare and more to ensure the growing “Nash-Vegas” actually works for local communities, especailly as Tennessee sped to re-opening. In partnership with NFG’s Amplify Fund, we will be dialoguing more deeply about groundbreaking work in Nashville in our upcoming Virtual Learning to Nashville September 21-23, 2020. We encourage funders to register here and join us as we meet with Stand Up Nashville and The Equity Alliance, and of course, McDaniel and the CLC – and engage with film, music, and more to get a sense of the critical work in this changing Southern economic hub and its implications for worker power across the US.

There’s been a lot of attention to the South in regards to re-opening and the effects of COVID-19. We’ve talked a bit about the important crisis in meatpacking in central Tennessee. How have workers been responding and organizing in Nashville more broadly?

Nashville has become an East Coast entertainment hub - they call it “Nash-vegas” right?  And so hospitality is really the growth industry in the city, alongside health care.  The hospitality workers, mostly in restaurants and some in hotels, have been organizing. In fact some have started to reached out to Restaurant Opportunities Center (ROC) and have started a Nashville (Music City) chapter.  As we were reopening the economy, the press wanted to know what restaurant workers were feeling about it. What the workers saw were the dangers, and we've been working with them. [ROC Music City – a Stand Up Nashville partner - has also recently brought to light individual businesses that were hiding COVID-19 exposure, and won protections for workers in these small businesses.] It's really exciting to see the growth opportunity there in terms of organizing.

In health care, at Vanderbilt University Medical Center they didn't have enough staff when COVID hit so the company brought in temporary workers. The workers – the nurses - demanded that they get hazard pay because they saw that the temps were getting paid more. So we've seen collective action there.

In the dollar stores - both Family Dollar and Dollar General - because they cram so much cheap merchandise in the stores, there’s not a lot of room for social distancing. In many cases they're not providing the Personal Protective Equipment. When they bring their own mask we had reports that workers are told not to wear them – even when they're the homemade mask that they bring. Those workers have created a Facebook group and are really beginning to organize here and in other places. They have even reached out to those workers that have unionized In New Orleans to talk about what the differences in are in those stores and what they need to do to get a union in here, in Tennessee. [Dollar General staff in conversation with United Food and Commercial Workers Local 655 and speaking out about hazard pay were also targeted for firing by the company.]

One of the big issues in the South (and the Midwest) is the way conservative state governments have sought to stop everything from minimum wages to abortion through their power of pre-emption. How is this playing out in Nashville in this time?

Especially in this moment COVID-19 has presented a lot of challenges for our local government. Because of that there are things that they cannot do like paid sick leave, like property tax freezes. We're in a moment where our economy was based on sales tax which has gone to nothing, and so the revenue streams are just not what they need to be. In order to keep essential services running they have to raise property taxes, but all of the tools that local governments have to try to help in this moment have been stripped by state preemption. We've been preempted over and over again. We tried to pass living wage ordinance. We passed it; it was preempted. We passed on a ballot measure - local hire - so that we could hire local workers on public projects. That was passed by the voters of the county; it was preempted.

Those in state power have been using preemption to prevent cities from being able to do the things that they consider important to help their citizens. So we have a coalition across the state that has come together, that has been trying to run a campaign to put pressure on the governor to use his emergency powers to take action and make sure that at least in this moment that preemption is not an issue. The campaign gives us an opportunity to talk about what preemption is and how it's impacted our ability to help the residents of Nashville. I know it will continue beyond this pandemic and will only become more important to confront.

How do workers fit in the bigger picture of a changing Nashville, and the unprecedented development the city has been experiencing?

Every time you turn on the TV, they say Nashville is a city on the rise. But those in charge have been building it on the cheap. [In a telling incident this June, a 16 year old Latinx worker died falling off a scaffolding, building a new development in Nashville, with no safety harness and questionable safety practices by the company.]

"Every time you turn on the TV, they say Nashville is a city on the rise. But those in charge have been building it on the cheap. "

We have been able to work with our building trades affiliates to create an apprenticeship readiness program to recruit folks out of what they call the “promise zones” and give them the skills necessary to be successful in the federally registered apprenticeship programs and the union apprenticeship programs.  Our Central Labor Council has been a partner with that, and it's been interesting because in building that work, we've created a table that has faith partners working with us. The ecosystem is really coming together, and most of the recruits for our last class came from our faith partners. We've been able to develop relationships with the Interdenominational Ministers Fellowship which is the African-American ministers fellowship at Vanderbilt Divinity School. They recruited them out of the churches: the ministers knew they had returning citizens in their congregation that really needed a path to a different life. In reaching the immigrant community we had the Catholic Labor Network which was also really instrumental in helping us to really build a very diverse class also in our Multi-Craft Core Curriculum (MC3) program.

Stand Up Nashville, with the CLC is part of, along with a few of our unions and Nashville Organized for Action and Hope (NOAH), have been able to really move on the policy side to increase their presence and power for working families.

How have you resourced this significant growth in labor and community organizing?

You know, it's constant.  We are really trying to organize and build, and we really feel like that in Nashville we have set the table for growth for workers. We're excited about it - we have been trying to build infrastructure here for at least the last six to eight years.

But we find ourselves trying to having to chase funding in order to continue to do the work. The folks that oppose us, they don't have those barriers.  They have sustained funding for long periods of time - it really doesn't even matter whether they're successful and accomplish the benchmarks. We really have not had that kind of investment on our side, so we have to spend a great deal of your capacity right now on that.  Our CLC is in fundraising cycle; the reason is we have staffed up a level. We went from an all-volunteer organization to one with three staff. I mean, that's not a lot, but in order to be able to do and work with the community partners, keep up with what's happening in our local government, cultivate partnerships and organize you know that takes resources – the kind that it is very difficult to find funding for. We continue to look for ways to get investment in the work because we feel like that that, over time, there is definitely a return on that investment. You can see the growth in terms of all of the varied projects that people are working on that are part of our network, particularly in this moment.

Why is it important for those interested in economic justice to pay attention to Nashville at this moment?

You know there's a saying that however the South goes so goes the nation. Whatever is really bad in the South - if we cannot improve it here then eventually, it's going to trickle to the rest of the country. History has shown us that. Folks really should understand that what we do in the South, in terms of organizing, in terms of politics, in terms of all the things that we need to change in the economy - if we can't make change on the issues that matter in the South, then how will me make national change? This is a test ground for what happens across the country. But we are movinig to make that change.

*Photo Credit: Nashville CLC.

FJE’s Strike Watch is a regular blog and media series dedicated to providing insight on the ways in which grassroots movements build worker power through direct action. Our ultimate goal: inform philanthropic action to support worker-led power building and organizing and help bridge conversations among funders, community and research partners. We are grateful and acknowledge the many journalists and organizations that produce the content we link to regularly, and to all our participants in first-hand interviews. Questions on the content or ideas for future content? Reach out to robert@nfg.org

August 4, 2020

A Letter from IRSG Members in Honor of Isabel Arrollo

Dear Friends,

Isabel smiling and reaching up to a fruit tree in an orchard.On May 16, 2020, we lost a fierce, beloved leader in California’s Central Valley, Isabel Arrollo. Isabel was the Executive Director of El Quinto Sol de America, an organization founded by her mother, Irma Medellin, based in Lindsay, California. Isabel’s passion and strong strategic lens helped grow El Quinto Sol into a driving force for change in the Central Valley. From her early teenage years, Isabel worked at her mother’s side, lifting up community voices in local and state decision-making, and supporting residents across Tulare County’s unincorporated communities by connecting youth to arts and cultural work, and uplifting the tools to build civic participation and political power in the community. In recent years, her passion and vision to create an Agroecology Center in the Central Valley has lit a flame — one that we need to keep aglow.

In addition to the collective deep grief and sadness at this time, we are also angry and frustrated by the accumulated conditions of environmental, economic, and racial injustices that facilitated the process of her passing. We understand that extractive systems like industrial agriculture, subsidies that perpetuate land tenureship rooted in the forced migration of peoples and Beings, the exploitation of workers, and the polluting of the water she bathed in and the air she gasped onto holding onto the hope of survival and thriving of her people and their knowledge, are responsible for her illness of Valley fever, her death, and for the displacement of life of her future lineages. This racially targeting phenomenon is a form of prolonged violence, and as allies and co-conspirators in the struggle for justice, we need to show up to defend our neighbors and human relations.

We honor the life labor Isabel held as an organizer and community member, which went far beyond her role as Director at El Quinto Sol. She supported her community every day, and also invited folks outside of the community to witness and learn about the issues that are often invisibilized via the dust of pesticides and toxins, and the shadows of the fields. This included hosting funder tours for our philanthropic community during which she generously extended her energy to educate visitors and allies on the intersection of issue areas, and with great skill found multiple ways to illuminate the work for a wider audience, and moved us toward a tangible transition of wealth and power. She did this even while her health was failing; she did it for the livelihood and wellness of her people and her community.

Losing Isabel is heartbreaking, and our hearts are with her family, her co-workers at EQS, her wide and diverse network of friends and co-conspirators, and the many folks she mentored and stood beside every day, including youth and mixed documentation status farmworker communities. She dedicated her life to protecting the health of our air, water, soil, and peoples. Isabel was a brilliant visionary who helped lead the Community Alliance for Agroecology, and held such beautiful, powerful dreams for transforming the Central Valley’s food and farming systems from the ground up. Isabel will be forever remembered as a fierce advocate and as our caring and thoughtful friend who always made time to listen and offer words of encouragement, joy, and laughter. In this global moment of so much pain, loss and fear, we are called to action to uplift the voice and vision of leaders like Isabel, and carry them forward.

We ask that you seriously and thoughtfully consider these two requests:

  1. Isabel speaking to a group in front of a neighborhood bus stop.Make a contribution at this moment, at whatever level, to the environmental health and justice — and agroecological — organization, El Quinto Sol. The contact there is Olga Marquez, olga@elquintosoldeamerica.org.
  2. Become a funder accomplice in achieving Isabel’s and others’ dreams in the San Joaquin Valley — join us in support of the creation of an Agroecology Training Center, by and for a collective of Latinx and Indigenous farmworking families, Indigenous people from the region, and other family farmers. El Quinto Sol, as well as other groups like the Community Alliance for Agroecology, Central California Environmental Justice Network (CCEJN), Foodlink Tulare County, Quaker Oaks Farm, and Central Valley Partnership are moving forward in their visioning and planning, and seek collaboration with funding partners, especially in this moment.

If you would like to learn more about El Quinto Sol and the Agroecology Training Center, or if you are interested in collaborating with us as we move forward, please reach out to one of us (contacts below).

In the meantime, read inspiring coverage of the work of El Quinto Sol here: https://civileats.com/2019/08/12/this-mother-daughter-team-is-building-new-leaders-in-californias-farm-country/
 

Thank you, and be well,

Paola Diaz (paola@11thhourproject.org)

Marni Rosen (marni@colibrigiving.com)

Sarah Bell (sarah@11thhourproject.org)

Kat Gilje (gilje@cerestrust.org)

Kassandra Hishida (kassandrahishida@allianceforagroecology.org)