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.    [/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]
March 17, 2021

How Philanthropy Can Move from Crisis to Transformation

Dimple Abichandani, Executive Director of the General Service Foundation, urges grantmakers and the philanthropic sector to take concrete actions to defend democracy and speak out against racist attacks on people of color. This post was originally published here by the Trust-Based Philanthropy Project.

Dimple was part of the first Philanthropy Forward: Leadership for Change Fellowship cohort, a joint initiative of Neighborhood Funders Group and The Aspen Institute Forum for Community Solutions. General Service Foundation, which partners with grassroots organizations to bring about a more just and sustainable world, is a member of NFG.


  

Dimple AbichandaniIt was just a year ago, and yet it feels like a lifetime.

Last March, I was dreading a hectic month packed with too much work travel. Long before we had heard of Covid-19, many of us had been preparing for 2020 to be a consequential year, one in which our democracy was on the line.

My mother had generously traveled from Houston to help with childcare during my travels. Her two-week visit turned into three months, and our worlds as we knew them changed.

Covid happened.  

Then the racial justice uprisings happened.

The wildfires happened.

The election happened. 

And then an armed insurrection to overturn the democratic election results happened.

Every turn in this tumultuous year reaffirmed the reality that justice is a matter of life and death. 

Our democracy survived, though barely. But more than half a million Americans did not, and this unfathomable loss, borne disproportionately by communities of color, is still growing.

Across the philanthropic sector, funders stepped up to meet the moment. We saw payouts increase, the removal of unnecessary bureaucracy, and commitments to flexible support from not only public and private foundations but also individual philanthropists who gave unrestricted billions.

A year ago, we all faced a rapidly changing reality — one that it made it hard to know what the next month, or next year might hold.  Now, we have turned a corner in a most consequential time in American democracy, a time that has been defined by the leadership of Black women and grassroots movements for social justice that are building the power of people — and these movements are just getting started. There is momentum for change, leadership that is solidly poised to make that change, and broad-based support for the bold solutions that will move us towards a more just and equitable society.  We are in a dramatically different time that continues to call for a dramatically different kind of philanthropy.

As we look back on this year of crisis, and see the opportunities before us now more clearly, how are funders being called to contribute to the change we know is needed?  To answer these questions, I point to the truths that remained when everything else fell away.

We have the power to change the rules.

In the early days of the pandemic, close to 800 foundations came together and pledged to provide their grantees with flexible funding and to remove burdens and barriers that divert them from their work. Restrictions on funding were waived, and additional funds were released. These changes were not the result of years-long strategic planning; instead, this was a rare example of strategic action. These quick shifts allowed movement leaders to be responsive to rapidly shifting needs. Grantees were more free to act holistically, to mobilize collectively, make shared demands, and achieve staggering change.

Today, our grantees are coping with the exhaustion, burnout, and trauma from this last year, the last four years, and even the last four hundred years. Recently, many of us have begun to invest more intentionally in the healing, sustainability, and wellness of our grantees. Systemic injustice takes a toll on a very individual human level, and as funders, we can and should resource our grantees to thrive.

Ash-Lee Woodard Henderson, Co-Executive Director of the Highlander Research and Education Center, has urged philanthropy to, “Fund us like you want us to win.” Last year, we learned that we are capable of doing just that — and doing it without delay. Let’s build on funding practices that center relationships and shift power to our grantees.

White supremacy got us into this mess; racial justice will get us out.

Racial justice went mainstream in 2020 as the multiple crises exposed deep inequities and injustices in our midst. In the months after the world witnessed a police officer brutally murder George Floyd, many funders responded with explicit new commitments to fund Black-led racial justice work. These standalone funding commitments have been hailed as a turning point in philanthropy — a recognition of the importance of resourcing racial justice movements.

As we move forward, we must ensure that these newly made commitments are durable and not just crisis-driven. Movements should not have to rely on heartbreaking headlines to drive the flow of future resources. We can build on new funding commitments by centering racial justice in all our grantmaking. As resources begin to flow, let’s ensure that our frameworks are intersectional and include a gender analysis. To demonstrate a true desire to repair, heal, and build a multiracial democracy, philanthropy must do meaningful work in our institutions so that, at all levels, there is an understanding of the root causes of inequality and the importance of investing in racial justice.  Rashad Robinson, President of Color of Change, captured the centrality of this when he said, “We don’t get racial justice out of a true democracy. We get a true democracy out of racial justice.”

We know how to be “all in” when it's important. In this next period, it’s important.

With crisis as the rationalization, many endowed foundations were inspired to suspend a practice that our sector has long taken for granted: the 5% minimum distribution rule. In the face of compounding threats to our lives and our democracy, 64 individuals and foundations pledged to increase spending to 10% of the value of their endowment in 2020. And for the first time in years, the philanthropic sector is giving meaningful attention to the topic of spending decisions and the problem of treating the payout floor as though it is the ceiling.

To take full advantage of this once-in-a-generation opening for transformation, funders must put all the tools in our toolbox behind our ambitious missions. Social justice philanthropy can build new spending models that are not only more responsive to the moment, but also set our institutions up to better fulfill our missions — today and in the long-term.

This past summer, 26 million people marched in the streets of their small and large cities to proclaim that Black lives matter. It was the largest mobilization in our country’s history. Last fall, despite numerous efforts to suppress voters, social justice organizers mobilized the largest voter turnout we’ve ever seen. Now, as a result, we are in a moment that holds immense possibility. 

In big and small ways, we are all changed by this year. 

Our sector and our practice of philanthropy has changed too.  Let’s claim the opportunity that is before us by reimagining our norms and adopting practices that will continue to catalyze transformation.  The old philanthropy has been exposed as unfit. The new philanthropy is ours to create.

March 25, 2021

Philanthropy must be accountable: NFG's March 2021 Newsletter

We need each other and all of us in the fight for racial, gender, economic, and climate justice. The latest incidents of hate against AAPI women, elders, and our communities have left us grieving, angry, tired, and steadfast in our commitment to make philanthropy more accountable to AAPI, Black, Indigenous, and people of color communities and low-income communities. See our full statement calling on all of us to Stop Asian Hate.

As Dimple Abichandani, Executive Director of General Service Foundation, said in Neighborhood Funders Group’s 40 Years Strong convening series, "We must create cultures of accountability. How are we meeting this moment? A lot of what we need to do could be called organizing, but I think of it as meaning making." It is our collective work to make meaning of systemic injustices and resource power-building led by AAPI, Black, Indigenous, and people of color communities at the level that is necessary for all of us to thrive.

NFG is holding philanthropy accountable by urging funders to utilize all of their institution’s assets to pursue social justice, center worker justice movements and strategies, strengthen organizing infrastructure built by Black women to shift political and economic power, support reparations and drive wealth back to Black and Indigenous communities, and reimagine public safety and community care to ensure everyone has a place to call home.

In the next few weeks, we'll be announcing more opportunities to connect with the NFG community, sharing Funders for a Just Economy's next Building Power in Place report featuring organizers in Texas, and releasing a new report on rural organizing in New York state commissioned by Engage New York and NFG's Integrated Rural Strategies Group.


In solidarity,
The NFG team

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