Violence Hidden in Plain View

What are crimes of hate against the homeless and why does the National Coalition for the Homeless (NCH) believe it’s so necessary to invest considerable time and attention into researching this issue? Admittedly, some choose to believe that the homeless don’t deserve federal and state legal protections and some draw the hard line of choosing to believe that hate crimes simply doesn’t exist.

After more than a decade of research and analysis, NCH has proven that behaviors that begin as hurtful towards the homeless often devolve into bias motivated criminal acts of hate. We are reminded of these facts all too often, in media stories that year after year possess increasingly more brutal forms of abuse.

Hurtful thoughts and acts based on the bias of one person towards another, quickly becomes a hate crime. A hurtful video game which rewards players who beat or kill homeless characters can quickly devolve into a crime of actual physical violence and hate. The taunting of people seeking refuge from the cold can overnight turn into a bias motivated act of hate-filled violence.

NCH believes that the eradication of hate crimes can only occur if there is a complete understanding and accounting of these crimes. Furthermore, there must be a willingness to challenge the motivations of people who choose to ignore the very existence of these crimes.

Each year, NCH releases a Hate Crimes against the Homeless Report. NCH invites you to read this year’s report, Violence Hidden in Plain View, a factual accounting of bias motivated crimes against un-housed individuals in the order of their occurrence. It is also a report that, in its entirety, illustrates the deadly consequences of decades of failed housing policies and social reforms.

You would think that in a progressive state like California there wouldn’t be three different Governors (two Republicans and one Democrat) who have vetoed homeless hate crimes legislation.  But such is the case.  Disproving that the third try is a charm, on August 5, 2011 Gov. Jerry Brown (D) vetoed AB 312.

Introduced by Assemblywoman Bonnie Lowenthal (D-Long Beach), AB 312 would have granted homeless people the right to invoke hate crimes protection when suing an assailant in civil court.   Current categories include:  race, gender, religion, sexual orientation, age, disability, marital status, political opinion and position in a labor dispute.

It was supported by state trial lawyers, veterans’ organizations, county sheriffs and the state’s rank and file police officers.

In an interview with EverythingLongBeach.com, Assemblywoman Lowenthal said, “Homeless people have enough problems without becoming the targets of violence.  This bill is the state’s way of saying those kinds of attacks are especially reprehensible.”

In his veto message, Gov. Brown said, “This bill would expand the provisions of the Ralph Civil Rights Act to include homelessness or the perception that one is homeless, thereby creating new private and enforcement remedies.  It is undeniable that homeless people are vulnerable to victimization, but California already has very strong civil and criminal laws that provide sufficient protection.”

But according to Brian Levin, director of the Center for the Study of Hate & Extremism at California State University in San Bernardino, “California for years has consistently ranked first or second in bias homicides against the homeless. Moreover, they are often attacked serially with increasing severity. Yet, current legislation completely excludes the homeless as a group from even the basic civil remedies extended to many other groups to stave off these horrible attacks. For anyone to say that the status quo is acceptable strains credulity.”

He should redirect his letter to the family of Kelly Thomas, 37, a schizophrenic homeless man in Fullerton, who died after a July 5th, 2011 interaction with police.  The brutal beating of Thomas has sparked an international outcry along with rallies, officer’s suspensions, calls for the resignation of the police chief, and pending investigations by local and federal authorities.

Last year Brown’s predecessor, Republican Gov. Arnold Schwarzenegger vetoed a similar bill -AB 2706- also introduced  by Assemblywoman Lowenthal.

In his veto letter dated September 29, 2010 to Members of the California Assembly, Gov. Schwarzenegger wrote:  “While this bill is well-intentioned, it is unclear whether the homeless are targeted for violence because they are homeless, or because they possess a characteristic already protected by California’s hate crime statute, such as mental or physical disability.   Furthermore, poverty, unlike race, gender, national origin and disability, is not a suspect classification.  Because of the incongruence between the recognized classifications listed in the Civil Code section 51.7 and homelessness, this bill could result in legal challenges and increased court costs.”

The former Governor must have forgotten the October 9, 2009 incident in which John Robert McGraham, 55, a homeless man, was drenched in gasoline and set on fire on the side of the road in Los Angeles.  He died.  According to a police officer, the perpetrator, John Martin, had a “straight-up personal dislike and little bit of crazy” toward homeless people.

In both legislative sessions the bills passed overwhelmingly, but along partisan lines.  Democrats generally in favor; Republicans opposed.

Other homeless hate crimes legislation has been stalled, getting tied up into California’s prison overcrowding issue.  In 1994, then Republican Governor Pete Wilson vetoed an even stronger bill that would have simply added homelessness to the state’s existing hate crimes law.

However, there is clearly a need for anti-hate legislation in California.  Since 1999, the National Coalition for the Homeless has issued an annual report on hate crimes and violence against the homeless population.

Between 1999 to 2009, there were a total of 213 hate crimes/violent incidents against the homeless occurring in 48 California cities.   Forty-eight resulted in death.  California had the most incidents of any state during this eleven year period.  Florida came in second with 177 attacks.

Preliminary numbers from NCH’s annual (2010) report on hate crimes/violence against the homeless population has California taking second place only to Florida.   But California still ranks number one for the twelve year period from 1999 to 2010.

But even with three strikes against homeless hate crimes bills, we’re not out yet. Looking forward, the fight in California is far from over. Lowenthal hopes that as states around the country pass similar laws, such as Florida, people will see more the importance of hate crimes legislation that protects people experiencing homelessness. She also expresses her continued resolve, stating, “This legislation has now been vetoed by two successive governors. That is disappointing and frustrating, but I’ve been working on homelessness issues for a long time and making progress is never easy.”

By Michael Stoops, Director of Community Organizing, National Coalition for the Homeless.

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 Michael Stoops, Director of Community Organizing

On April 20, FL/H-11 (Crimes Against the Homeless) was passed 80-28 in the Florida House of Representatives.   H-11 will add “homeless status” to hate crime legislation, reclassify offenses fueled by prejudice based on homeless status, and deliver stricter penalties to perpetrators. A companion bill (SB 506) is now before the Florida Senate.  This is the fourth time the Florida Legislature has attempted to pass similar legislation. When he was running for the job, Governor Charlie Crist (R) indicated that he would support the bill if it were presented for signature.   “I’d be open to that,” was Crist’s response when asked if he’d support homeless hate crimes legislation.

If the Florida legislation passes and becomes law, it will follow the lead of other states/jurisdictions (Alaska, California, Maine, Maryland, Puerto Rico) and cities (Cleveland, Los Angeles, Seattle, Washington, DC,) who have passed various versions of homeless hate crimes legislation/resolution.   Bills are also pending in:  Illinois, New York State, Rhode Island, South Carolina, and Washington State.

In Congress a homeless hate crimes statistics reporting bill has been introduced in the both the U.S. House (H.R. 3419). and Senate (S. 1765).   The House bill has 13 co-sponsors and the Senate bill has 12 co-sponsors.

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