Check out NCH’s useful one pager of key findings and statistics from the report:
On June 14, 2011, the U.S. Department of Housing and Urban Development released its 2010 Annual Homeless Assessment Report to Congress. The report details statistics of the homelessness population and examines the progress/usage of HUD initiatives. NCH created an overview of the most important facts from it, which you can see here.
Hate exists in American society. Sadly, some individuals act upon hateful urges and cause harm to innocent human beings; harm ranging from minor assault to brutal death. In an effort to curb hateful violence, Congress and many State governments have enacted statutes that increase punishment for those acts targeted at individuals because of such individual’s status. The intent of such laws, and the punishments attached, are to send a message to society that our criminal justice system does not tolerate hate.
Unfortunately, the federal government and most States do not categorize homelessness as a protected status from hate. This means that in most places in America a “homeless hater,” unprovoked, could attack a homeless person sleeping on a bench, and when being tried for the crime, the hater would be punished for the action, but not for the motive of action. Not punishing a person’s reason for acting sends the message that the act is wrong, but the motive behind the act is acceptable.
On August 9, 1999, in Seattle, Washington, three young men beat and stabbed David Ballenger, 46, to death. David had no valuable possessions to steal. David was not involved in drugs, or the associated violence. And David did not verbally or physically entice his attackers. David was simply murdered because he was homeless. In fact, a Seattle newspaper quoted one of the perpetrators boasting that there was “one less bum on the face of the earth.”
The attack began as a verbal barrage, the young men criticizing David for not being able to make a living. When David walked away, his attackers followed and began beating him. Resisting, David escaped, but the young men found him, elevated the violence, and stabbed the helpless David Ballenger to death. This senseless murder is not the only instance of inhumanity toward the homeless in Washington. In fact, according to the National Coalition for the Homeless, between 1999 and 2009 there were 21 reported incidents of violence directed at homeless individuals, 12 of which resulting in death.
Over a decade after David Ballenger’s brutal murder, on January 10, 2011, Washington State Senator Scott White (D-Seattle) introduced legislation in response to the violence toward the homeless. White’s legislation seeks to include offenses that were intentionally committed because the defendant perceived the victim to be homeless to the criteria for aggravating circumstances under which an exceptional sentence above the standard range may be imposed. On March 2, 2011 the Senate passed White’s bill with a vote of 49 – 0. The bill was then sent to the House, and the following month the legislation was passed 92 – 1 (Republican Jason Overstreet was the sole dissenter; Republican members Terry Nealey, Kevin Parker, Jay Rodne, and Charles Ross, abstained from the vote) Finally on April 15, 2011, almost 12 years after the brutal murder of David Ballenger, Washington Gov. Christine Gregoire signed White’s bill into law, making offenses committed because a victim was homeless an aggravating circumstance.
But what does this really mean once we climb past the legal jargon?
Practically, the passage of Washington S.B. 5011 (White’s bill) means that if an offense against a person was intentionally committed because that person was perceived to be homeless (the aggravating circumstance), courts will have the option to impose tougher penalties (the exceptional sentence). However, before a Judge can make a decision regarding the exceptional sentence, the jury must find beyond a reasonable doubt that the aggravating circumstance exists. S.B. 5011 did not create the concept of increased punishment for certain acts. Rather, it added homelessness to an already lengthy list of other aggravating circumstances existing in Washington State criminal law. This statute does not create homelessness as a protected category from hate, but it is a step in the right direction.
by Shane M. Poole
Jazz singer, Madeleine Peyroux, is a long time advocate and philanthropist of organizations fighting to end homelessness. She was born in Georgia, but grew up in the cities of New York City and Paris. She was inspired to start singing at age 15 after being inspired by the street musicians in the Latin Quarter of Paris. One year later she joined the Lost Wandering Blues and Jazz Band and toured Europe. In 1996 she released her first album, “Dreamland” and since then has released an addition three albums.
To pursue the playing of music as a career soon after, was for me a continuation of my time in those streets, with the families I had created and the echoes I had left behind.”
The singer, songwriter and guitarist has been compared to the likes of Billie Holiday. She has preformed all around the world. She has toured with big names, like Sarah McLachlan, but has also headlined her own tours around the country and world. Starting in 2005, Peyroux began adding a $1.00 surcharge to her concert tickets to raise money for local homeless organizations. Her efforts have raised thousands for organizations like Real Change in Seattle, Street Roots in Portland and the Emergency Family Assistance Association in Boulder, among many others. She is a strong supporter of the work of the National Coalition for the Homeless.
In addition to her philanthropic commitment, she was recently featured on a CD compilation called “Give US Your Poor.” The album features musicians, such as Bruce Springsteen, and collaborations with currently or formerly homeless musicians. The proceeds from the album benefit the national awareness campaign, Give US Your Poor. Madeleine Peyroux is a musician dedicated to making real change.
By Samantha McClean, Former NCH Intern
*Photo used with permission from Madeleine Peyroux
The National Coalition for the Homeless firmly believes in protecting homeless people against hate crimes committed by housed persons simply because of the victim’s real or perceived homelessness. Through legislation, the state of California has been working to pass important legislation in order to advance this effort. Assembly Bill 312, introduced by State Representative Bonnie Lowenthal (D-54), is being considered by the State Legislature, and just two days ago it passed the Senate Judiciary Committee. The bill would specify that crimes against the homeless rendered because of the person’s real or perceived homeless status would be considered a crime discriminatory in nature so victims would have the ability to sue in civil court for increased reparations. In short, the bill would add homelessness as a characteristic to the Ralph Civil Rights Act, which now protects from hate crimes those targeted for factors such as race, sexual orientation, and political affiliation, but not housing situation.
History
AB 2706, introduced last year by Bonnie Lowenthal, was a very similar law, which last year the California Assembly and Senate passed, but Governor Schwarzenegger vetoed it. He stated, “Poverty unlike race, gender, national origin and disability, is not a suspect classification” (see Senate Judiciary Committee bill analysis below). However, under California law, political affiliation was already protected on the same level as race, religion… in the Ralph Civil Rights Act. Political affiliation, like homelessness, tends not to be an inherent characteristic like race or religion, so homelessness should be a protected status as well.
One of the reasons the homeless should have further protection is because of the demonstrated necessity to it. Prior to AB 2706, California in 2001 passed SR 18 which required an examination of hate crimes against the homeless. The results of it, along with our report of “Hate Crimes Against the Homeless,” pointed to many ruthless hate crimes against the homeless. Because of this, along with Democratic Governor Brown in power, it seems more hopeful for the bill to be ratified this year.
Process
In order for the bill to go into effect, it must pass through all of the various levels in the California State Assembly and Senate. The bill has already passed through the Assembly, and two days ago the bill passed, by a 3-2 vote, the Senate Judiciary Committee. The committee referred the bill back to the Senate Appropriations Committee, where it now awaits passage. If this happens, the bill must then pass the Senate floor and Assembly floor in order to go to Governor Brown. Last year, AB 2706 passed the Senate with a 21-13 vote and a 51-26 vote in the Assembly.
Effect
The bill, if passed, would not only help to increase reparations for homeless people who are attacked, but it would also serve as a deterrent to those housed individuals committing the crimes. Though some debate exists over whether violence against the homeless should be put on the same plane as violence against homosexuals or people of a certain race, we believe that crimes against the homeless, committed because they are homeless, deserve to be treated more seriously than crimes without aggravating circumstances.
Take Action
Read the bill and follow its status.
Read the Senate Judiciary Committee bill analysis from June 7, 2011.
Contact members of the Senate Appropriations Committee about the bill.
Laura Epstein, Staff
“At what temperature are cooling centers required to be opened?” A homeless woman from the District asks one of my colleagues early Tuesday morning, with temperatures forecast to be near the century mark. A quick Google search and I was at the D.C. government’s website: It says in extreme heat, avoid encountering heat stroke, dehydration, and other medical problems associated with extreme temperatures. Cooling centers will be open at four government buildings… If temperatures hit or exceed 95F, cooling centers and select (8) homeless shelters will be available from noon until 6pm. Got it, easy enough!
Question answered? Not in the District. The answer turns out to be more complicated. Let’s check the hotline listed on DC.gov “311 – The District’s Service Request Center”. It says, cooling centers aren’t open today. However, when I call the D.C. Emergency Management number, also provided on the DC.gov website, I’m told that cooling centers no longer exist, as of last month. Another colleague calls Tommy Wells’ office, at the D.C. City Council, to find out what’s what. No specific answer, but a commitment to contact the Committee on Human Services. They’re the ones who said that cooling centers do in fact exist, listing four government buildings as de facto centers.
With too much conflicting information, I call back the D.C. Emergency Management number and speak to an assistant to the Director of Homeland Security and Emergency Management. He says cooling centers no longer exist, but that people can go into public buildings and use the water fountains. The director called a little later with a “clarifying” follow up call. She explained that the Office on Aging, D.C. public libraries, and the Department on Parks and Recreation have teamed up to provide relief from the heat. But unfortunately, cooling centers no longer exist and water stations, in public building marked as cooling centers, were closed. Too many government employees were taking all the bottled water. Seriously? Seriously!
During the past few hours, The District removed incorrect information about the four government buildings that were not cooling centers – good start. But, the website still provides incorrect information: the description of heat relief services is wrong, select homeless shelters, listed as emergency centers, are closed or do not provide heat relief. This remains a totally unacceptable level of response. This summer has not even begun and we’re already facing dangerous heat conditions. Let’s not let the warning, provided by this recent experience, go unheeded and hope that this is not a sign of things to come.
To see the D.C. Government page on extreme heat, visit www.dcema.dc.gov, and click on “Extreme Heat” on the left-hand sidebar.
Laura Epstein, Staff
Federal Appeals Court Ends Food Fight in Orlando in First Vagabonds Church of God v. City of Orlando
On April 12, 2011, the U.S. Court of Appeals for the Eleventh Circuit upheld the City of Orlando’s ordinance limiting public food-sharing in parks to twice-yearly.
Food-Sharing in Orlando
In 2005, Food Not Bombs, a group that shares food with low income and homeless residents, recognized the need for food-sharing in the City of Orlando. The organization began to offer a weekly meal at Lake Eola Park in Downtown Orlando.
Approximately 50-120 people attended the food-sharing each week. In 2008, they increased the food-sharings to twice weekly. The First Vagabonds Church of God began providing weekly meals at the park as well. People who lived in the neighborhoods surrounding the park complained to officials that these food-sharings were making the park less accessible to others.
The Ordinance, the Lawsuit and the Appeal
In 2006, the City Council, encouraged by the complaints of some neighbors, passed an ordinance that restricted public food-sharing. The ordinance required that organizations must obtain a permit to food-share with more than 25 people in a park. Only two permits would be available per park per year. This ordinance would require organizations like Food Not Bombs and First Vagabonds Church of God to obtain permits for multiple parks in order to continue with their food-sharings, which would require the groups to constantly move the weekly event.
In October of 2008, Food Not Bombs, First Vagabonds Church of God, and other individuals, filed a lawsuit against the City of Orlando on behalf of the food-sharing organizations and individuals. The lawsuit argued that the city’s ordinance violated several First and Fourteenth Amendment rights of the food-sharing organizations, as well as violating the Florida Religious Freedom Restoration Act. The federal district court found the law to be unconstitutional as an infringement on the parties’ rights to free speech and the free exercise of religion, but the city appealed the decision to the Eleventh Circuit.
In April of 2011, the Court of Appeals ruled in a unanimous decision to uphold the city limit of twice-yearly food-sharings in public parks. The court stated that the ordinance is not unconstitutionally restricting any party’s First Amendment rights, finding the ordinance to be “a reasonable time, place, or manner restriction” that does not impose any invalid regulation on expressive conduct. The decision relied upon the 1984 decision Clark v. Community For Creative Non-Violence , in which the Supreme Court upheld the U.S. Park Service’s ability to restrict protestors from sleeping in tents in Lafayette Park and the National Mall in Washington, DC.
The bulk of the legal assistance to the food-sharing groups and individuals was provided by Legal Advocacy at Work, a grassroots, non-profit law firm in Orlando. The American Civil Liberties Union also assisted with the litigation.
Looking Forward
After the decision, food-sharing groups can only serve meals in the specified parks twice a year. Parties caught without a permit could be convicted of violating the city ordinance. Individuals or groups could be fined $500 or spend two months in jail if they continued to distribute weekly meals. In order to provide more than two meals a year, organizations will have to visit other parks and repeatedly change location. Consequently, the population served by the food-sharing will likely find it more difficult to ascertain the location of the next food-sharing event, which may reduce the number of people who can benefit from such programs. Food Not Bombs and the other parties are currently exploring possible next steps, including the possibility of pursuing review at the U.S. Supreme Court.
The following piece is a speech that was presented by a participant of the Faces of Homelessness Speakers’ Bureau after her trip to Washington, DC:
Someone once said, “Nothing in life is to be feared. It is only to be understood.”
Before DC, my 
classmates and I were just like everyone else, we feared what we did not understand and therefore we did our best to avoid it. We go about our lives ignoring the bad, because we believe it cannot happen to us, but honestly, I don’t think any of us truly believe that.
It is crazy how one moment can alter your entire outlook on life, making you realize that up until that moment, you had not understood life itself. After a day of lobbying in DC, we went to the Thurgood Marshall Community Center to hear a program on homelessness. We would be hearing stories from people who had once been homeless and were now sharing there stories with others.
As a normal teenager, I was thinking, “This is gonna be boring, hopefully I will be able to take a nap.” But, from the moment the first man opened his mouth to speak, I was hooked, and by the end of the program, I found myself in tears. Whether they were tears of sorrow for those people and what they went through, or tears of my guilt in feeling so unaware of what is going on in the world, I knew from that moment I had to help. I know my classmates had that same feeling too. As we walked out of the building to the metro, there was a homeless man sitting on the steps of a restaurant, I opened my wallet along with my other classmates, and put in a dollar. The look on his face was priceless, and from then on, the rest of the trip we all decided to help the homeless, not only by giving them money, but most importantly, by letting them know we cared.
On our last night in DC, about five of my classmates and I along with Rabbi Ed wanted to do one last thing. After dinner, we walked over the pharmacy and bought packs of goldfish, granola bars and Koolaid. We each chipped in about two dollars, and with that we were on our way.
We were on a search to find those people in need, the ones who get ignored on the streets, the ones who are looked at and thought of as lazy and dumb. We were on a mission, that mission was to find those people, and not just to give them the food we had bought, but to make them feel like they weren’t alone in this world, and to let them know there were still people who cared and wanted to help them.
From DC I learned a lot, but I never thought I would view homeless people to be an inspiration. Each morning they awake to nothing, looking for somewhere to go, for food to eat, and shelter for warmth. These challenges all arise to them before we even awake in the morning. We go about our days complaining about our gross school lunches, our lack of sleep, our loads of homework, and much more. But, we never stop to think of how amazing our lives are, and how we should thank our parents for everything they do for us, and how in one moment all of that can be gone. We could have everything taken away from us at any time, our family, friends, house, school. But no, we don’t think about those things. Why you might ask? Because we don’t believe it could ever happen to us. Until now.
So I would like to thank my parents, friends, and Rabbi, for helping me open my eyes to the real world that surrounds me. And lastly, thank you DC, without you I would still be in fear of what I did not understand, but now that I understand it, life seems to mean all the more.
-Jamie Goodman
John Burroughs School
In the season of Passover and Easter, I feel obliged to take a more thoughtful approach to reviewing Sympathy for Delicious (SfD) than merely saying whether I liked the film or not. SfD chronicles the life of a newly paralyzed DJ, “Delicious” Dean (Christopher Thornton, also the film’s writer), who discovers that he has the gift to heal others, but not himself. Left to his own devices, this homeless practitioner would most likely have chosen a life of the truly forgotten, America’s chronically homeless. But, SfD has much more in store for the healer, the healed and the heels of skid row.
Enter the encouraging street outreach priest (Mark Ruffalo, also the film’s director) who tries to convince the DJ to use his new found powers for good, the struggling rock star (Orlando Bloom) who sees money and fame in all things and the arrant agent (Laura Linney) with the muscle memory of a Shakespearean temptress.
Thorton does an extraordinary job as the conflicted Delicious. Off screen, at the age of twenty five, the actor sustained a spinal injury in a rock climbing fall that left him paralyzed from the waist down. So in a wrenching scene where the DJ literally faces a work table too high to use and a worker’s unwillingness to make any reasonable accommodation, Thornton’s rage seems all too real.
SfD succeeds as much for what it is as for what it isn’t. Considering that SfD is about faith, its impressive that the film avoids being exploitative, preachy or dogmatic. It’s clearly a straight up critique of the transcendent power of faith. But it also explores Delicious’ journey towards self actualization: recognizing and coming to appreciate one’s own limitations is the one true path to understanding and reaching your full potential.
Ruffalo’s solid direction requires that viewers enter into an urban landscape of poverty seldom observed and frequently ignored. SfD’s power comes as much from its art as its ability to act as an unapologetic in-your-face public service announcement highlighting the depravity of homelessness and the need to bring American home.
Sympathy for Delicious opens in New York and LA this Friday, and Washington, DC next week. Check your local listings for show times, or watch the trailer today.
-Neil Donovan
As of April 1, 2011 two homeless residents, George Grayson and Kyle Shaw of St. Petersburg, Florida are suing J.P Florida Productions, its owner Jeffery Williams as well as six female employees of the production company which is responsible for the videos posted and sold on shefights.net. A temporary restraining order has been enacted and all eight defendants are each facing four charges including; violation of the Florida Hate Crimes Act, violation of the Civil Remedies for Criminal Practice, Battery and Intentional Infliction of Emotional Distress.
NCH’s own AmeriCorps*Vista volunteer G.W. Rolle who is based in St. Petersburg noticed a large number of homeless men walking around with limps, black eyes and other visible wounds beginning early this year. After many inquiries he finally was told about a series of “beatdowns” being carried out by women associated with shefights.net. This company (J.P. Florida Productions) would recruit homeless men to participate in their fights after which they would be paid up to $50.00 for enduring the twelve minutes of non-stop beating by scantly clad women.
Several years ago, NCH mounted a campaign against a similar groups of videos that were released under the name, BumFights. These videos included homeless men beating each other up and performing dangerous stunts like banging their head through glass windows and going down stairs in a shopping cart. Rufus Hannah, now an NCH Speaker, and others who were compensated with a few dollars or a beer, suffered severe injuries as a result of the videos. In a 60 Minutes investigation in 2006, a link was made between the BumFights videos, and youth who were “copying” what they saw in the videos, leading to random violence against people who were homeless.
According to the defendant in the shefights.net case, the plaintiffs signed releases before they were beaten. However, neither Mr. Grayson nor Mr. Shaw ever had any knowledge that videos of the beatings were going to be posted or sold on the internet, in some cases for upwards of $600. Also the severity of the beatings was way beyond their expectations. During many of the beating the men were tied up, thus unable to fight back at all. Both plaintiffs have suffered severe injuries ranging from a dislocated jaw, to severe torso bruising to lacerations caused by whipping. Not to mention that after several of the beating the plaintiffs were never paid the money that they were promised.
According to an article published in the St. Petersburg Times on Tuesday April 12, the defendant, Mr. Williams, was quoted saying that he planned to counter sue claiming that the plaintiffs and their advocates lied and damaged his reputation. He also said “These men are crack addicts and will say anything for money.”
Legal counsel for Mr. Shaw and Mr. Grayson believe that the reason these men were targeted by shefights.net was because they were homeless and vulnerable. Hence, Section 775.085 Florida Statue also know has as the Hate Crimes Act has been invoked on behalf of the plaintiffs. A law that the National Coalition for the Homeless had a major hand in helping pass through the state legislature in the spring of 2010. This is the first time since October 1, 2010 when the act took effect that it has been invoked. Specifically the suit claims “Defendants chose to solicit, assault, and batter Plaintiffs because they were homeless, and Plaintiffs suffered injuries so severe as to evidence a hatred and contempt for people who are homeless.”
-Allison Sauls, Spring 2011 Intern
By: Brian Stone
Today, it seems as though there is normalized acceptance of a segment of our population not having enough food or shelter. The proof is last week’s budget cuts which will push those without food, homes and medical care into deeper despair. It is important that we remember what hangs in the balance. In the past, the anti-hunger and poverty movement has responded in a multitude of ways. One of those is known as a hunger fast (or strike) to draw public awareness to the issues the poor face and create policy change.
In the 1980’s Michael Stoops, Director of Community Organizing at NCH, and Mitch Snyder, a life-time advocate for the homeless, fasted on the steps of the Capitol Building to pressure President Reagan into signing the first legislative protection for homeless people, which eventually became the McKinney-Vento Act. This act provided blanket protection and assistance to the homeless. Mitch and other advocates also fasted to get the federal government to transform an abandoned federal building in D.C. into a shelter for the homeless. Out of this fast the Community for Creative Non-Violence (CCNV) emerged, and remains D.C.’s largest shelter.
Former Ambassador Tony Hall has an unwavering commitment to poor people and poverty issues. While in Congress, Hall frequently authored legislation with expansive protections for the poor and vulnerable. In 1993, Hall, who was an Ohio Congressman at the time, was dismayed by Congress’s decision to end the bi-partisan House Select Committee on Hunger. This resulted in his going on a 22-day hunger fast. He felt that Congress had lost sight of the issues that our most vulnerable face. The outcome of this fast was substantial. Congress agreed to fund the Congressional Hunger Center, of which I am honored to be a 17th Class fellow; and the World Bank pledged to support efforts to end world hunger.
Eighteen years later Hall feels that Congress has once again lost sight of the plight of the poor, those who stand to bare the brunt of the budget cuts. On March 28, 2011, Hall embarked on another fast to protest the current budget cuts. If you would like to join Tony Hall or get more information on the fast, check out: http://hungerfast.org/.
We must remember that people’s lives hang in the balance. What is more important than cuts made in the name of lowering the deficit is the impact that those cuts will have on a large group of people. Balancing the budget at the expense of the poor and vulnerable is not the answer. This will only prove to further complicate the lives of those who currently don’t have enough, with the likely end result being eventual increases in social support programs.
Hunger fasts, like Michael’s, Mitch’s, Tony’s and many others, have provided protections for the vulnerable and changed policy in the U.S. The time is now. Will you join the circle of protection around the most vulnerable members of our society?
Brian is a Bill Emerson National Hunger Fellow with the Civil Rights division at the National Coalition for the Homeless.
