From National Law Center on Homelessness & Poverty <[email protected]>
Subject Housing Not Handcuffs Summer Edition
Date August 6, 2019 8:19 PM
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Summer 2019

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Dear Supporters and Endorsers of the Housing Not Handcuffs Campaign,

This has been a busy time for the Housing Not Handcuffs Campaign, with the National Forum on the Human Right to Housing happening in June (summary report forthcoming), and more court and policy victories in the past month! See stories below. Keep encouraging your friends, colleagues, and elected officials to endorse.[[link removed]]

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Follow on social media
#HNH   

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If you have submissions for the next newsletter, please fill out this Google form[[link removed]]  by September 13th.

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Campaign Updates

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#IAskForHelpBecause Letter Writing Campaign
As HNH supporters know, enforcing anti-panhandling laws is harmful, unconstitutional, and a waste of resources.
Last year, working with our 2018 #IAskForHelpBecause Campaign partners, we sent letters to over 220 cities challenging them to repeal their harmful & unconstitutional anti-panhandling laws & move to constructive solutions. Since then, over 70 of these cities in 11 states across the country have repealed their laws or taken steps to stop their enforcement. On July 17th, the Law Center launched[[link removed]] the second round of this campaign with 13 partner organizations across 11 states to
again challenge cities across the nation to repeal their harmful anti-panhandling ordinances and replace them with more constructive solutions that eliminate the need for asking for help in the first place. Find out more about the campaign and tools to help fight these ordinances here[[link removed]]. If you are interested in participating in a future round of the campaign, please be in touch!
 
A Victory for the Housing Not Handcuffs Justice Network
In July, #HousingNotHandcuffs Justice Network member Carol Sobel settled[[link removed]] with Orange County and dozens of southern California cities in Orange County Catholic Worker v. Orange County[[link removed]], a case which was bolstered by the Law Center’s victory in the
Martin[[link removed]] case. The Law Center also filed an amicus brief in the case, which successfully stops law enforcement from enforcing anti-camping and loitering ordinances against unhoused individuals who have nowhere safe to sleep. This settlement vindicates the right of people experiencing homelessness in southern California, ensuring they will be free from arrest and criminalization until the County can offer them adequate
shelter. In a jurisdiction where there is far too little available housing or shelter, and where local officials have refused to build more, “this is a game-changer,” said[[link removed]] the judge overseeing the lawsuit.
The settlement requires cities in the sprawling county to take “respective responsibility” for homelessness by not enforcing the laws until they build shelter, a model that Judge David Carter called “an exemplary document that the governor should know about.” Indeed, safety from criminalization is essential for people who lack a safe place to rest, and is an important first step in the movement to secure the human right to housing for all.
 
Right to Counsel Campaign Gaining Momentum
Two New York City Council Members who helped pass the city’s initial Right to Counsel in landlord tenant court legislation, Mark Levine and Vanessa Gibson, have introduced new bills to strengthen the existing law[[link removed]]. While the existing law was a major step forward, these new bills would increase the income eligibility level, expand the types of eviction cases covered by the right to counsel, and require the city to support trusted tenant organizing groups to support collective action against
landlord abuse. These are all important aspects of the overall struggle for housing and against unjust eviction, allowing a wider range of people to seek the help they need from counsel and from each other in order to stay in housing.
 
U.S. Mayors Put on Notice About Criminalization of Homelessness
On June 28, the ACLU of Hawai‘i[[link removed]] and the Law Center issued a joint open letter[[link removed]] to the nearly 230 mayors gathered to attend the 2019 U.S. Conference of Mayors’ 87th Annual Meeting. The letter called attention to the shortcomings of Honolulu Mayor Kirk Caldwell’s criminalizing approach to homelessness, which he was touting as a national model, and called on the attendees to reject policies which
criminalize homelessness in their cities, and instead invest in constructive alternatives to benefit their most vulnerable constituents. HNH advocates can follow up on this by using the letter to prompt conversations with your own mayor and other city officials to express your support for housing, and not handcuffs, perhaps in coordination with your local ACLU.
 
Austin Repeals Criminalization Ordinances
HNH members Grassroots Leadership and other local advocates in Austin, Texas, supported by the Law Center, were successful in advocating for a full repeal of the city’s sit-lie ordinance and also got a revised camping ordinance to allow for non-obstructive self-sheltering and the anti-panhandling ordinance now only bars “aggressive confrontation”—not a complete win, but a good step
forward[[link removed]] by the city of Austin. This was followed by a strong op-ed from the mayor of Austin, entitled “Want to stop people sleeping in public places? House them.”[[link removed]]
 
Montgomery, AL Postpones Panhandling Law
Following advocacy by local advocates, the Law Center, and Southern Poverty Law Center, the mayor of Montgomery, Alabama declined to sign an anti-panhandling law and put a moratorium on its enforcement while the city gatherings more information on the topic, citing pressure from advocates[[link removed]] as a factor in his decision. We hope the city listens to experts on the topic and recognizes both the ineffectiveness and unconstitutionality of the ordinance.
 

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Announcements

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Petty Offenses Symposium
On September 20 & 21, 2019, the Human Rights Clinic[[link removed]] at the University of Miami School of Law, in collaboration with the University of Miami School of Communication, University of Miami Race and Social Justice Law
Review, University of Miami Law Review, National Law Center on Homelessness & Poverty, and the Open Society Foundation’s Human Rights Initiative will host a Symposium on Petty Offenses: Challenging Criminalization of Poverty, Marginalization, and Gender Non-Conformity. The symposium will look at the criminalization of homelessness and poverty in the U.S. and abroad, and will be accompanied by an international photography exhibition. The conference is free and interested people can find out more and register
here[[link removed]].
 
 HNH One Pager
This one pager[[link removed]] provides an overview of the HNH Campaign and outlines concrete ways for people to get involved. It also includes a fact sheet on the criminalization of homelessness. This tool is useful to share with people who are already familiar with homelessness issues and are looking for more information about the HNH Campaign.
 
Campaign Branding 

We encourage campaign endorsers to link relevant events to the national Housing Not Handcuffs campaign. Please see the guidelines for branding your materials here[[link removed]]. 
 

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In the News

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City to set rules on panhandling[[link removed]]
May 2, 2019
 
Hendersonville to adopt restrictions for panhandling downtown[[link removed]]
May 2, 2019
 
Family adds sign to yard warning against panhandling, says panhandling is creating problems downtown[[link removed]]
May 7, 2019
 
Panhandler sues Atlanta Police officer, city after tasing incident left him paralyzed[[link removed]]
May 7, 2019
 
Panhandling to be subject of Spotsylvania public hearing[[link removed]]
May 11, 2019
 
Homeless Advocates Are Taking Houston's Cruel Food-Sharing Ban to Court[[link removed]]
May 11, 2019
 
Judge Finds Aggressive Panhandling Law Violates 1st Amendment[[link removed]]
May 13, 2019
 
New Indianapolis program hires homeless and panhandlers at $10 an hour[[link removed]]
May 17, 2019
 
Services, not policing will solve the homelessness problem[[link removed]]
May 21, 2019
 
A ticket by any other name[[link removed]]
May 23, 2019
 
Austin City Council to Consider Repealing Panhandling Rules[[link removed]]
May 29, 2019
 
Newark fining motorists for giving money to panhandlers[[link removed]]
May 30, 2019
 
Signs going up in Scottsdale to discourage giving money to panhandlers[[link removed]]
May 30, 2019
 
Asked for change, Eureka to alter panhandling ordinance[[link removed]]
June 13, 2019
 
Does Flagler Beach Have a Panhandling Problem? Not Exactly, But City Will Consider New Rules.[[link removed]]
June 13, 2019
 
Councilors to take up panhandling ordinance at Monday’s meeting[[link removed]]
June 16, 2019
 
City Council Set to Loosen Eureka’s Anti-Panhandling Ordinance After Its Constitutionality Was Called Into Question[[link removed]]
June 18, 2019
 
Columbia County adopts a panhandling ordinance, county road resolutions[[link removed]]
June 20, 2019
 
Elkhart explores ban on panhandling[[link removed]]
June 20, 2019
 
Council Dials Back Laws Targeting Homeless[[link removed]]
June 28, 2019
 
Council makes roadside panhandling illegal in Winchester[[link removed]]
June 28, 2019
 
Montgomery passes new panhandling ordinance[[link removed]]
July 3, 2019
 
Alabama Council Pushes Stricter Penalties for Panhandling[[link removed]]
July 5, 2019
 
SPLC says proposed panhandling ordinance is unconstitutional[[link removed]]
July 11, 2019
 
Eureka’s criminalization of homeless is ‘counterproductive,’ grand jury report finds[[link removed]]
July 11, 2019
 
If you panhandle or jaywalk, a proposed Louisville road safety ordinance could mean a fine[[link removed]]
July 12, 2019

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This newsletter was designed, drafted, and distributed by the
National Law Center on Homelessness & Poverty
nlchp.org[[link removed]]
 
on behalf of the Housing Not Handcuffs Campaign
housingnothandcuffs.org[[link removed]]
 

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