The Criminalization of Homelessness in U.S. Cities
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Narratives of the Meanest Cities
#1 Sarasota, FL
In February 2005, the City Commission unanimously approved an ordinance prohibiting “lodging out of doors.” The previous “no-camping” rule was ruled unconstitutional by a state court last year because it was too vague and punished innocent conduct. The new rule prohibited using any public or private property for “lodging” outdoors without permission from the property owner. While not completely mitigating the negative impact of the law, the city took a more positive approach to the issue in this law by including a requirement that police officers, once a year, offer people who violate the law a ride to the shelter, instead of jail. The commissioners said that the ordinance would protect public safety and property while helping homeless people find shelter. Although the city was confident that this ordinance would stand up in court, critics said that it was still too vague. It was not clear how many “lodging” activities, such as making a fire, laying down blankets or a sleeping bag, and putting up a tent, would have to be happening in order for a person to be arrested. Moreover, the police were not required to give a person a ride to the shelter if the person was intoxicated, using drugs, or did not have proper identification.
Like its predecessor, this ordinance was short-lived. In June 2005, a state court found the “no lodging law” unconstitutional. County Judge David L. Denkin said the ordinance gave police officers too much discretion in deciding who is a threat to public health and safety, and who is just taking a nap on the beach. The judge, however, recognized the “good intention” of the city commissioners. The city claims it is important to the city’s residents. City commissioners have long insisted that the ordinances are about