The Supreme Court Should Be Ashamed for Criminalizing Homelessness. - eviltoast
  • jordanlund@lemmy.worldM
    link
    fedilink
    arrow-up
    13
    arrow-down
    20
    ·
    5 months ago

    “No one wakes up and chooses homelessness”

    But then there’s this guy, first person arrested under the new ordinance:

    https://www.kgw.com/article/news/local/homeless/portland-homeless-camping-arrest-no-jail-cite-release-ordinance/283-c4740190-38de-4aff-9b5a-20bca0928b3c

    "Both police and city outreach workers had spoken with Macdonald “several times” prior, PPB said, and he refused to accept shelter or any other services.

    On Friday, Macdonald was given a last chance to seek shelter, including access to a tiny home, police said.

    “Macdonald was told his options would be to accept services or he’d be arrested,” PPB said. “Macdonald stated he would rather be arrested than go to the tiny home.”"

    “Multnomah County Sheriff’s Office refused to book him.”

    This dude would rather live in squalor on the public streets than accept assistance which has been offered multiple times.

    Now, if we were only talking one guy, sure, not a problem. Keep an eye on him and arrest him when he inevitably commits some other crime. But there are upwards of 6,000 homeless in the Portland area and it’s having a major impact on their health, the environment, and the overall livability of the city.

    https://www.kgw.com/article/news/local/homeless/fire-homeless-portland-rv-camp-southeast-neighbors/283-5709a07d-d777-4372-a13f-d34dc2f15380

    https://www.kgw.com/article/news/local/portland-police-arrest-man-arson-northeast-portland-cafe-burned/283-8f600cf4-c969-4442-9493-594a2e5f6fff

    https://www.oregonlive.com/news/2023/07/hidden-toll-of-homeless-crisis-portlands-prized-natural-areas.html

    https://www.oregonlive.com/portland/2021/07/police-identify-man-previously-suspected-of-throwing-a-molotov-cocktail-at-portland-protest-as-may-homicide-victim.html

    • sp3ctr4l@lemmy.zip
      link
      fedilink
      arrow-up
      36
      ·
      edit-2
      5 months ago

      Often times when the police say ‘refused shelter services’, this can mean one of the following:

      The shelters they referred him to are already full, or he has already been deemed ineligible for them (are you a homeless single cis white man? good fucking luck, on the west coast most shelters prioritize women, families, non white ethnicity and non cis people) or he has been at them for their maximum allowable time and he now either cannot come back or must wait some period of time before he can attempt to apply to them again.

      Or

      The shelters he was referred to are unsafe, unclean, filled with violent drug addicts who will assault you and steal your phone or paperwork (documentation and identity verification is almost always required for most shelters), as well as your other belongings.

      Or

      The shelters are themselves staffed by people who are rude/abusive/incompetent, who either restrict access to your documents and belongings or just outright steal them (and then either steal your identity or sell your info to someone else who does that).

      Reasons like these are why some people would rather be arrested than go to a dysfunctional shelter: jail is actually safer.

      That or the cops just say ‘well we gave him a shelter number, we have no clue if its full or won’t accept him, not our department’

      Tiny home communities are often little better than just straight up homeless encampments: You get a box with a tiny bed, probably no running water, no laundry, electricity is a loud diesel generator, you have times you are and are not allowed to enter and leave… etc.

      Its basically a concentration camp, set up on a parking lot.

      Source: Me, I used to be a data analyst for a large nonprofit assisting the homeless in Seattle, then a series of crimes reduced me to homelessness.

    • zaph@sh.itjust.works
      link
      fedilink
      arrow-up
      24
      arrow-down
      2
      ·
      5 months ago

      You’re absolutely right. A handful of people don’t want help so we should cast them all in the pits. Because thats how we handle laws. It’s exactly why our gun regulations are so strict. The handful of bad actors have ruined it for the rest.

    • enbyecho@lemmy.world
      link
      fedilink
      English
      arrow-up
      21
      ·
      5 months ago

      I get your frustration. “Why won’t they accept our help dammit” is a common refrain. But it’s one that assumes that (a) homelessness is a simple matter of not being housed and (b) housed people understand the appropriate solutions. In fact not being housed is mostly a symptom and the issues at play are much more complex, ranging from lack of opportunity and generational poverty to substance and mental health issues.

      And it’s also a cause… of shame, guilt, more mental health issues, more substance abuse. Often these mix in with the preconditions that come with offers of “help” to make it impossible to say yes.

      I have refused housing because I didn’t think I could live up to the obligations it came with. I’ve refused housing because it was clearly unsafe. And I’ve refused housing simply because I was suffering from severe untreated depression and couldn’t handle being around people or even just accepting help.

      So the truth is that yes, no one wakes up and chooses homelessness… but it’s important to understand that the lack of housing is only one component of homelessness. I didn’t choose to be born trans & gay and have to deal with all the mental health and societal issues that came with that. But I choose to not being housed at times because that was the only way I could even attempt to heal and deal with it safely and on my terms.

      • Samvega@lemmy.blahaj.zone
        link
        fedilink
        arrow-up
        10
        ·
        5 months ago

        But I choose to not being housed at times because that was the only way I could even attempt to heal and deal with it safely and on my terms.

        Yes. For example, I’ve known people who refused to be housed because they had experience of that type / area of housing, and had been very unsafe.

        You might want to clear me off the street so bad you’ll put me literally anywhere. But I don’t want to be attacked just to make you feel better.

          • jordanlund@lemmy.worldM
            link
            fedilink
            arrow-up
            1
            arrow-down
            1
            ·
            5 months ago

            Not “people say”, I’m saying it, because I witness it every time I leave my house.

              • pingveno@lemmy.world
                link
                fedilink
                English
                arrow-up
                1
                ·
                5 months ago

                I’m also from Portland. This is quite accurately describes the reality here. Homeless encampments cause a lot of problems, and it’s gotten out of control. I’m not blaming homeless people, it’s a systemic problem, but denying the reality of the situation doesn’t help anyone. Tents on sidewalks get in the way of pedestrians (especially physically disabled people), fires get out of control and spread, and hazardous waste gets left behind.

                • exanime@lemmy.world
                  link
                  fedilink
                  arrow-up
                  1
                  ·
                  edit-2
                  5 months ago

                  I’m not really denying that part (can’t know, not in Portland)

                  The issue here is whether criminalizing homelessness is an appropriate (and empathetic) solution.

                  I don’t doubt it inconveniences you or other non homeless people. But the real victims here are those with no choice but to live in absolute squalor who are now on the sights of the police

                  You or the other poster saying " but it’s really really smelly" is not really the question here

                  • pingveno@lemmy.world
                    link
                    fedilink
                    English
                    arrow-up
                    1
                    arrow-down
                    1
                    ·
                    edit-2
                    5 months ago

                    Okay, but I feel like you’re still dismissing it as merely an inconvenience as opposed to an actual problem. Obviously it sucks far more to be in the position of being homeless, but if there are solutions available then I don’t think a person should be making sidewalks dangerous to able bodied pedestrians and potentially impassable to physically disabled pedestrians just because they don’t feel like using a tiny home. I’m all for trying to do something to help, I voted in favor of taxing myself for homeless services, I’ve volunteered, but I’m getting compassion fatigue after many years of this. If someone outright is making Portland a worse place to live in while rejecting the smorgasbord of services, I just don’t have much patience left. But a person who is accepting services and working to get out of homelessness, that I am more than fine with.

      • jordanlund@lemmy.worldM
        link
        fedilink
        arrow-up
        1
        arrow-down
        5
        ·
        edit-2
        5 months ago

        Most people look at the ruling and go “Hurr durr, Supreme court makes it illegal to be homeless” and that’s not what it’s about.

        What Grants Pass wanted to do, and Oregon at large, really, also wants, is the ability to arrest people who are refusing help. The “Chronic Homeless”.

        Most homeless people are BEGGING for help and eagerly accept it when offered. What this ruling is seeking to deal with are the inveterate homeless.

        You’re homeless and your intent is to drag down the community you’re camped in? Yeah, fuck you. You don’t have the right to do drugs, throw around trash, and make other citizens unsafe.

        Oregon is going to start getting better next month when drugs are re-legalized. No more fentanyl folding in public.

        • the post of tom joad@sh.itjust.works
          link
          fedilink
          arrow-up
          4
          ·
          edit-2
          5 months ago

          But the law criminalizes sleeping in the streets not arresting people for refusing help.

          The law as it’s written must be discussed, and it’s not my opinion that the law criminalizes sleeping, it’s sotomayor’s.

          I would like you to come around to understanding the fact that this decision doesn’t do only what you want it to do, what you hope it will do. The power they have, as it is written gives the government the power to scoop all the homeless into the penal system. All that’s left is to trust they’ll use this power for the common good, and the belief that it will never happen to you.

          • pingveno@lemmy.world
            link
            fedilink
            English
            arrow-up
            1
            ·
            5 months ago

            This doesn’t really have anything to do with the Supreme Court. Oregon law now effectively echos the Martin v. Boise 9th circuit decision that the Supreme Court overturned. Martin v. Boise is more narrow than people here seem to think. It only applied to situations where there were not enough shelter beds to accommodate the number of homeless people in a city. It was always the case that if there was room and a person would not accept, an anti-camping ordinance could be enforced.

        • exanime@lemmy.world
          link
          fedilink
          arrow-up
          4
          ·
          5 months ago

          You’re homeless and your intent is to drag down the community you’re camped in?

          And where is the evidence this is a widespread problem? Wouldn’t it be easier to simply criminalize whatever else these homeless do and not just sleeping outside?

          You argument is exactly that of the wife beater beating the wife for making him hurt her… You argue we should not criminalize the beating, but the wife causing it

    • Samvega@lemmy.blahaj.zone
      link
      fedilink
      arrow-up
      8
      arrow-down
      5
      ·
      5 months ago

      Macdonald was told his options would be to accept services or he’d be arrested," PPB said. “Macdonald stated he would rather be arrested than go to the tiny home.”

      Some people prefer freedom.