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Tonight, thousands of homeless people in the United States will face the possibility of arrest because they do not have a safe place to sleep. Thousands more could be arraigned for sitting or standing in the wrong place. While they must sleep rest their legs, homeless people live in cities where these and other life sustaining activities are against the law, even though shelters face a critical shortage of beds.
Criminalization laws can take many forms. Most commonly, they outlaw sitting, sleeping in vehicles or outdoors, lying down, “hanging out,” sharing food, and camping. What makes them even more insidious is that they can be difficult to detect. Curfews on public parks are often explained by municipalities as a way to deter drug-related crimes. In reality, they are frequently a way to ensure that homeless people don’t use park benches as beds. By not having enough safe sleeping spaces, cities are forcing their homeless persons to live on the streets with virtually no other options, and then arresting them for doing so. These laws represent a gross violation of human rights, and have received a large amount of criticism from civil rights advocates around the country and the world.
In March, criminalization laws led to a man’s death. 56-year-old Jerome Murdough, a homeless veteran, was without shelter in New York City on a cold night. Searching for a safe place to sleep, he took refuge in an enclosed stairwell in a Harlem public housing building. He was discovered and arrested for trespassing. Since he didn’t have $2,500 to post bail, he was sent to Riker’s Island Prison, where he was placed in a hot cell and ignored for hours by prison staff. According to a city official, Murdough “basically baked to death” in the cell, and was found dead on the floor. His disturbing saga highlights the dangers of criminalization laws; instead of receiving needed assistance, Murdough was treated like a criminal, and ultimately lost his life by trying to protect it.
The National Law Center on Homelessness and Poverty recently released a report entitled,No Safe Place: The Criminalization of Homelessness in U.S. Cities. The report details the alarming upward trend of these inhumane and ineffective statutes that criminalize homelessness—with specific examples from around the country—and highlights how the laws are both ineffective and also violations of human rights.
While Murdough’s death represents the most extreme effect of criminalization laws, countless other homeless people face situations every day that put their lives in danger…. [continue reading]
— by Michael Maskin writing for Common Dreams