Showing posts with label sit-lie. Show all posts
Showing posts with label sit-lie. Show all posts
Friday, December 12, 2008
Homeless Portlanders set to sue to block anti-camping ordinance
The nonprofit Oregon Law Center plans to file a class-action lawsuit Friday in federal court challenging the constitutionality of Portland’s anti-camping ordinance. (Full Article)
Wednesday, August 27, 2008
DISCRIMINATION LAWSUIT AGAINST SAN FRANCISCO FOR HOMELESS SHELTER PROGRAM THAT EXCLUDES DISABLED PEOPLE
NEWS RELEASE
FOR IMMEDIATE RELEASE
August 27, 2008
Contacts:
Disability Rights Advocates:
Sid Wolinsky (510) 665-8644
Julia Pinover (510) 665-8644
Western Regional Advocacy Project:
Paul Boden (415) 621-2533
Zelle, Hofmann, Voelbel, Mason & Gette LLP:
Daniel Mason (415) 693-0700
DISCRIMINATION LAWSUIT AGAINST SAN FRANCISCO FOR HOMELESS SHELTER PROGRAM THAT EXCLUDES DISABLED PEOPLE
SAN FRANCISCO, Calif. — A landmark suit filed in federal court in San Francisco today charges that San Francisco’s homeless shelter program “blatantly discriminates” against disabled homeless people. Although the majority of all homeless people are men, women, and children with disabilities, the suit is the first in the country to broadly challenge the homeless shelter program of a city as a violation of civil rights statutes that protect people with disabilities.
The suit alleges that the cornerstone of San Francisco’s approach to homelessness — the embattled “Care Not Cash” program that is the brain child of Mayor Gavin Newsom systematically excludes homeless men and women with disabilities.
Care Not Cash gives participants priority shelter reservations and case management services. Homeless disabled persons who receive social security or veterans benefits cannot participate in the program, even if they desperately need shelter. People with disabilities are thus denied any opportunity to use a major portion of the resources in the shelter system and are denied access to the hundreds of reserved Care Not Cash beds.
Disabled persons are also denied any opportunity to make a 45-day shelter bed reservation, a privilege that Care Not Cash gives to eligible participants. In addition, these disabled men and women must compete with thousands of others each night for a chance to occupy one of the scarce shelter beds available. As a result, homeless people who need shelter the most are the ones who are least able to gain access to the services they so desperately need.
The class action suit, seeking relief on behalf of disabled homeless persons in San Francisco, was filed by Disability Rights Advocates (DRA), a Berkeley-based nonprofit law center, and Zelle, Hofmann, Voelbel, Mason & Gette LLP, a major national litigation law firm. The suit seeks to end discrimination against disabled people and does not request money damages.
Plaintiffs in the lawsuit are Western Regional Advocacy Project (WRAP), a non profit coalition protecting the interests of homeless people, and an individual with disabilities who is homeless in San Francisco.
Sid Wolinsky, Litigation Director for Disability Rights Advocates, commented:
“San Francisco’s homeless ‘program’ is a bureaucratic mess. Under Mayor Newsom’s system, disabled people are more likely to be forced onto the streets and alleys of San Francisco. No amount of smooth talking can hide the fact that there are only 1,300 shelter beds for some 3,800 single adult homeless people. No wonder the last report of the National Coalition for the Homeless named San Francisco the ‘eleventh meanest city in the United States.’ The City has created a cruel shell game in which everyone is a loser.”
San Francisco has a very serious shortage of shelter beds. The City guarantees to anyone enrolled in Care Not Cash that they can obtain one of over three hundred beds specifically set aside for them. Because disabled men and women cannot participate in Care Not Cash, however, men and women in wheelchairs or with mental disabilities must attempt on their own to locate some other available bed, travel to that location carrying everything they have, endure lengthy waits until late at night, and often be told that no bed is available. Even if they find a bed, they cannot keep it. They are forced to repeat the process each day. Because homeless persons with disabilities often lack the mental and physical fortitude to overcome the obstacles which San Francisco imposes, they are often left unsheltered.
Dan Mason, an attorney with Zelle Hofmann commented: “It is shameful for a city with the civil rights history of San Francisco to treat people with disabilities so unfairly. People denied shelter beds are the most fragile shelter seekers — those with disabilities.”
People with disabilities, both mental and physical, make up a very high percentage of the homeless population in San Francisco. In a 2007 survey conducted by the Coalition on Homelessness, 50% of individuals in the shelter system self-identified as having a disability. Homeless advocates estimate that a far larger percentage of homeless people are disabled.
Paul Boden, Director of WRAP added, “Homelessness is an emergency. It is a crisis. For San Francisco to programmatically discriminate and to make this vital life sustaining service unavailable to people with mental health disabilities is unconscionable.”
The full text of the complaint is posted at the Disability Rights Advocates website: www.dralegal.org.
FOR IMMEDIATE RELEASE
August 27, 2008
Contacts:
Disability Rights Advocates:
Sid Wolinsky (510) 665-8644
Julia Pinover (510) 665-8644
Western Regional Advocacy Project:
Paul Boden (415) 621-2533
Zelle, Hofmann, Voelbel, Mason & Gette LLP:
Daniel Mason (415) 693-0700
DISCRIMINATION LAWSUIT AGAINST SAN FRANCISCO FOR HOMELESS SHELTER PROGRAM THAT EXCLUDES DISABLED PEOPLE
SAN FRANCISCO, Calif. — A landmark suit filed in federal court in San Francisco today charges that San Francisco’s homeless shelter program “blatantly discriminates” against disabled homeless people. Although the majority of all homeless people are men, women, and children with disabilities, the suit is the first in the country to broadly challenge the homeless shelter program of a city as a violation of civil rights statutes that protect people with disabilities.
The suit alleges that the cornerstone of San Francisco’s approach to homelessness — the embattled “Care Not Cash” program that is the brain child of Mayor Gavin Newsom systematically excludes homeless men and women with disabilities.
Care Not Cash gives participants priority shelter reservations and case management services. Homeless disabled persons who receive social security or veterans benefits cannot participate in the program, even if they desperately need shelter. People with disabilities are thus denied any opportunity to use a major portion of the resources in the shelter system and are denied access to the hundreds of reserved Care Not Cash beds.
Disabled persons are also denied any opportunity to make a 45-day shelter bed reservation, a privilege that Care Not Cash gives to eligible participants. In addition, these disabled men and women must compete with thousands of others each night for a chance to occupy one of the scarce shelter beds available. As a result, homeless people who need shelter the most are the ones who are least able to gain access to the services they so desperately need.
The class action suit, seeking relief on behalf of disabled homeless persons in San Francisco, was filed by Disability Rights Advocates (DRA), a Berkeley-based nonprofit law center, and Zelle, Hofmann, Voelbel, Mason & Gette LLP, a major national litigation law firm. The suit seeks to end discrimination against disabled people and does not request money damages.
Plaintiffs in the lawsuit are Western Regional Advocacy Project (WRAP), a non profit coalition protecting the interests of homeless people, and an individual with disabilities who is homeless in San Francisco.
Sid Wolinsky, Litigation Director for Disability Rights Advocates, commented:
“San Francisco’s homeless ‘program’ is a bureaucratic mess. Under Mayor Newsom’s system, disabled people are more likely to be forced onto the streets and alleys of San Francisco. No amount of smooth talking can hide the fact that there are only 1,300 shelter beds for some 3,800 single adult homeless people. No wonder the last report of the National Coalition for the Homeless named San Francisco the ‘eleventh meanest city in the United States.’ The City has created a cruel shell game in which everyone is a loser.”
San Francisco has a very serious shortage of shelter beds. The City guarantees to anyone enrolled in Care Not Cash that they can obtain one of over three hundred beds specifically set aside for them. Because disabled men and women cannot participate in Care Not Cash, however, men and women in wheelchairs or with mental disabilities must attempt on their own to locate some other available bed, travel to that location carrying everything they have, endure lengthy waits until late at night, and often be told that no bed is available. Even if they find a bed, they cannot keep it. They are forced to repeat the process each day. Because homeless persons with disabilities often lack the mental and physical fortitude to overcome the obstacles which San Francisco imposes, they are often left unsheltered.
Dan Mason, an attorney with Zelle Hofmann commented: “It is shameful for a city with the civil rights history of San Francisco to treat people with disabilities so unfairly. People denied shelter beds are the most fragile shelter seekers — those with disabilities.”
People with disabilities, both mental and physical, make up a very high percentage of the homeless population in San Francisco. In a 2007 survey conducted by the Coalition on Homelessness, 50% of individuals in the shelter system self-identified as having a disability. Homeless advocates estimate that a far larger percentage of homeless people are disabled.
Paul Boden, Director of WRAP added, “Homelessness is an emergency. It is a crisis. For San Francisco to programmatically discriminate and to make this vital life sustaining service unavailable to people with mental health disabilities is unconscionable.”
The full text of the complaint is posted at the Disability Rights Advocates website: www.dralegal.org.
Sunday, June 15, 2008
Sisters Of The Road & Street Roots deliver postcards asking for the repeal of the camping and sit-lie lie ordinances
Activists deliver 2,000 signatures protesting city’s ‘abhorrent laws’
By Joanne Zuhl
Staff writer
Advocates for people on the streets filled City Council Chambers June 11, unfurling nearly 2,000 postcards signed by residents calling for the repeal of the city’s sit-lie and anti-camping ordinances. The campaign to repeal the laws was organized by Sisters of the Road and Street roots. Patrick Nolen, community organizer with Sisters, addressed the council, including new commissioner Nick Fish, and called for the city to end what he called "these abhorrent laws."
The so-called sit-lie law draws its name from barring people from sitting or lying on downtown sidewalks between the hours of 7 a.m. and 9 p.m. The camping ordinance prohibits people from sleeping outdoors on public property.
"Between these two laws, sit-lie and anti-camping, it is effectively illegal to be homeless in Portland’s downtown core," Nolen told the council. "The sit-lie law has been in effect since August 2007: Not once has a person who was not homeless been cited. Not once."
Nolen said the city’s own leadership admits that the city lacks enough low-income housing units and shelter beds to house everyone who is homeless in Portland, but persists in punishing people for "meeting basic needs: sleep and rest."
Sisters of the Road recently withdrew it’s membership from the Street Access for Everyone, or SAFE oversight committee, citing the continued enforcement of the sit-lie law, which the original SAFE committee recommended. The committee was established to address street disorders, such as aggressive panhandling, public intoxication and low-level crimes. In the process it re-instated a sit-lie ban, with the promise of establishing a day access center for people on the streets, and installing benches and bathrooms. Nolen, along with Sisters Associate Director Michael Buonocore resigned from the committee in May, saying the city has failed to deliver on those promises, while continuing to enforce the sit-lie law, which they say, targets homeless people. Buonocore said at the time that Sisters would like to have the committee vote to recommend a repeal of the law, but that there were not enough votes to support such a motion.
Soon after Sisters resignation, it partnered with Street Roots to launch the postcard campaign.
"These postcards come from all over, business owners, people living without housing, local politicians and citizens from every economic background,” Nolen said. “Each person that took the time to write is a murmur, a part of a louder voice, a louder voice demanding our rights."
Nolen said that similar laws are being challenged all along the West Coast.
"Each city, whether it is Fresno, Seattle, Los Angeles, the Bay Area, are all fighting to repeal laws that criminalize people for doing nothing more than trying to exist. Portland has a chance to be at the forefront of this march towards civil rights for all, because Portland belongs to all of us."
The Council made no comments on the presentation.
“We were amazed when doing outreach what a broad base of neighborhood activists, business owners and residents agreed with the idea that the sit-lie law and camping ordinance are human rights violations because they target a specific population in our society,” said Street Roots Director Israel Bayer.
Monday, May 12, 2008
Sisters Of The Road leaves SAFE committee
Sisters Of The Road Announces Decision to End its Participation in
the Mayors Street Access for Everyone (SAFE) Workgroup
Portland, Oregon (May 8, 2008) Sisters Of The Road (Sisters) Community Organizer Patrick Nolen and Associate Director Michael Buonocore announced the decision that Sisters would not continue as a member of the SAFE Workgroup at its May 8 meeting.
We were assured that the enforcement of the SAFE sit-lie ordinance would not target homeless individuals. It has been shown to do exactly that said Nolen.
The SAFE Workgroup was established by the Portland City Council on May 24, 2006 , developing Five Strategies for a More Livable Portland. According to the Executive Summary of this process on the Mayors website, The Workgroup emphasized that consensus around this strategy would not endure unless all five parts are implemented together.
Sisters staff representatives on the SAFE oversight committee noted that the services associated with these strategies, including day access center space, public restrooms and benches, have not been implemented in a timely and adequate manner. In deliberating whether Sisters would continue to participate in the oversight committee, it was highlighted that the future day access center is two years from completion and the current interim locations do not have the capacity
described in the Mayors Executive Summary of SAFE (Dec. 2006). It was also noted that the strategies for providing adequate public seating and restrooms are not met.
By contrast, the strategy of a High Pedestrian Traffic Area (or sit-lie ) ordinance that prohibits anyone from sitting or lying on a
public sidewalk between 7 am and 9 pm has been fully implemented.
Most importantly, this sit-lie ordinance strategy has amplified the tragedy of the existing anti-camping ordinance, which also
criminalizes those who have nowhere to sleep at night. Between these two laws, it is effectively illegal to be homeless in Portland, a city in which our elected officials acknowledge that there are not enough shelter beds, day access, transitional and affordable housing for all of our citizens said Buonocore.
Added Monica Beemer, Executive Director of Sisters Of The Road, We appreciate the work and good intentions of those involved in the SAFE Workgroup. We agreed to participate in the process in the spirit of collaboration, to ensure that the aforementioned services were implemented and that homeless people were not targeted by the ordinance. That has clearly not been an effective use of our time, which we now recognize would be better spent advocating for the repeal of the unjust anti-camping and sit-lie ordinances.
Sisters Of The Road has called on Portlanders to immediately contact their elected officials and demand the repeal of these ordinances, which is punishing to thousands of Portlanders who lack adequate, safe and affordable shelter.
the Mayors Street Access for Everyone (SAFE) Workgroup
Portland, Oregon (May 8, 2008) Sisters Of The Road (Sisters) Community Organizer Patrick Nolen and Associate Director Michael Buonocore announced the decision that Sisters would not continue as a member of the SAFE Workgroup at its May 8 meeting.
We were assured that the enforcement of the SAFE sit-lie ordinance would not target homeless individuals. It has been shown to do exactly that said Nolen.
The SAFE Workgroup was established by the Portland City Council on May 24, 2006 , developing Five Strategies for a More Livable Portland. According to the Executive Summary of this process on the Mayors website, The Workgroup emphasized that consensus around this strategy would not endure unless all five parts are implemented together.
Sisters staff representatives on the SAFE oversight committee noted that the services associated with these strategies, including day access center space, public restrooms and benches, have not been implemented in a timely and adequate manner. In deliberating whether Sisters would continue to participate in the oversight committee, it was highlighted that the future day access center is two years from completion and the current interim locations do not have the capacity
described in the Mayors Executive Summary of SAFE (Dec. 2006). It was also noted that the strategies for providing adequate public seating and restrooms are not met.
By contrast, the strategy of a High Pedestrian Traffic Area (or sit-lie ) ordinance that prohibits anyone from sitting or lying on a
public sidewalk between 7 am and 9 pm has been fully implemented.
Most importantly, this sit-lie ordinance strategy has amplified the tragedy of the existing anti-camping ordinance, which also
criminalizes those who have nowhere to sleep at night. Between these two laws, it is effectively illegal to be homeless in Portland, a city in which our elected officials acknowledge that there are not enough shelter beds, day access, transitional and affordable housing for all of our citizens said Buonocore.
Added Monica Beemer, Executive Director of Sisters Of The Road, We appreciate the work and good intentions of those involved in the SAFE Workgroup. We agreed to participate in the process in the spirit of collaboration, to ensure that the aforementioned services were implemented and that homeless people were not targeted by the ordinance. That has clearly not been an effective use of our time, which we now recognize would be better spent advocating for the repeal of the unjust anti-camping and sit-lie ordinances.
Sisters Of The Road has called on Portlanders to immediately contact their elected officials and demand the repeal of these ordinances, which is punishing to thousands of Portlanders who lack adequate, safe and affordable shelter.
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