The 2018 federal court decision in Martin v. Boise found that people can’t be punished for sleeping outside on public property if there are no adequate alternatives available.
“The government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter,” the court declared.
So, why do we continue conducting houseless sweeps? If the intent is truly one of outreach and expanded services, why the heavy police presence? Why does the primary goal seem to be just getting them to move somewhere else?
They are houseless, not homeless. Their home is on the streets, in the parks and on the beach. What they lack is a house.
As long as affordable housing and suitable shelter remains scarce to nonexistent, we will have people who are houseless.
Yes, certainly there can be other issues involved, including mental health and addiction. But it’s impossible to deal with the underlying issues effectively if the individual is living on the streets.
Most of us live a life of privilege. We have a roof over our heads, health care that works, and ohana we can fall back upon. We don’t live daily worrying about where we are going to sleep, or thinking about getting rained on, or burned in the harsh sun, or getting robbed or raped.
But we have the audacity to look down on our less fortunate neighbors and demand our police and political leaders to get rid of them.
“Why don’t you just arrest them all and fly them back to where they came from? Tear down their tents, and tell them to move. Just get them out of here so we can enjoy our peace and quiet without being bothered by the poor, the unwashed, and the unhoused.”
The truth is that there is no place for most of these folks to go. In general, the shelters are mostly full, there is a waiting list just to get a bed, and for those seeking an actual home with maybe even a yard, there are no affordable options at all.
As to “send them back to where they came from” … according to recent counts, less than 9% of our houseless are newcomers. The majority are long-term or lifelong residents, and Native Hawaiians are overrepresented.
“They should just get a job!” some will say.
If you don’t have an address how do you fill out a job application? If you don’t have a phone/Wi-Fi, how do you receive a callback or email follow-up that you potentially got an interview or a job?
The cards are immensely stacked against these individuals.
The truth, of course, is that in spite of the challenges, many of the houseless are working. The other truth is most of these jobs don’t pay a living wage, and even when working two jobs, finding affordable housing is challenging at best.
Yes, it’s complicated. No, it’s not complicated.
Sweeping poor people who cannot afford a warm, dry, safe place to sleep from one park or doorway to another is unconscionable — not to mention, expensive.
Community outreach, intensive case management, providing the core services needed such as health care and access to affordable housing is the answer.
There are good things happening now at both the state and county levels, but much more is needed. The houseless situation, the extreme lack of affordable housing, and the lack of related services needs to be treated like the dire emergency it is.
Gary Hooser is executive director of Pono awaii Initiative and a former state senator.
