The unhoused & the law
Why do West Coast cities seem so incapable of dealing with the homelessness crisis?
It’s easy to blame government incompetence, but there’s something even more fundamental at work: Martin v. Boise a landmark case from the 9th Circuit court.
That’s a 2019 legal decision Martin v. City of Boise that said that homelessness is not a crime and that unless shelter is provided, people could sleep in public spaces.
Worthy sentiments, to be sure. It certainly should not be a crime to be homeless.
San Jose does not have enough shelter for every unhoused person. So, unhoused persons live in parks and along creeksides and the City uses re-traumatizing abatements to clean encampments instead of offering quick shelter.
But Boise’s unintended consequence left the door wide open for any number of illegal behaviors to occur by folks who are homeless: illegal fires, illegal encampments, illegal dumping, illegal public defecation and urination, illegal trespass, illegal destruction of personal property, illegal entry into homes (a neighbor found someone sleeping in their laundry room), illegal threatening behavior and outbursts in personal space, illegal use of drugs in public, illegal stopping and hampering traffic flow, creation of public health hazards and environmental damage, etc.
The public wonders why these types of infractions are enforced only against those who are housed. The reason is Martin v Boise. Until we provide a bed for each unhoused person we will not be able to fully enforce all our laws equally for each person who lives in San Jose.
So the answer is simple. We must provide a bed for each unhoused person. It does not need to cost $1M per door. It does not even need to have a traditional roof. What it does need is to provide shelter under the law.
And, to my way of thinking, it needs to go further: it should provide shelter-stabilization, security, showers, safety, a PO box, mental health services and rehab services. All this can be done while waiting for other housing options and for permanent housing to be built.
Shelter-stabilization is more than a bed and more than a night-shelter that routinely asks everyone to leave. This shelter, stabilizes the unhoused client with a reliable bed and dependable services.
But allowing humans to suffer, live and die on sidewalks, creeksides, and playgrounds is inhumane and completely unnecessary. As is allowing a lawless subculture to perpetuate itself in and around our neighborhoods.
My solution, the Incremental Incremental Ladder of Housing Success can be implemented today. We can help people today. We can immediately stop people from dying alone on the creeksides. And we can enforce our laws so that everyone in downtown D3 is safe.
Incremental Ladder of Housing Success Irene Smith D3 YouTube video
Looking back — to change course — how did we get here?
Sprung Structures — what is San Francisco & San Diego doing that we are not?
Pacific Legal Foundation interview on Supreme Court case to be heard 4/2/24 — read below
