T
building like the Oklahoma bombhree years ago when Hate Crimes ing ,or when some group in the name of on the Homeless was on the rise the God blows up several buildings by flying planes in to them Homeless Voice started the Na“In the year 2004, and finally when tional Coalition Against Terroracross America, 25 three homeless men ism and Stopping Hate Crimes USA. Both groups were designed homeless people were in down-town Fort to seek answers on why so much sought out, hunted if Lauderdale are sleepyou will and were ing and then sevhate could exist that some person brutally killed of eral young adults go or some group of people would have so much hate in their hearts vicious hate crimes.” up to them and hit National Homeless them with hard blows to kill innocent people. When we Advocate Sean with baseball bats, see Terrorism and then we see Cononie killing one of them , Hate Crimes, is there a differit is time we say in ence? In my own understanding How of the two words, I would say that they America we have a problem. are the same. When a child goes in to a could any of these people have so much school and hate in their hearts to do such acts of ABOUT THIS ISSUE shoots other terrorism? To top it all off in the past , students for when the teens , that have hunted and This issue of the Homeless no apparent killed homeless people in the last six Voice was so important reason, as years were asked why you did such an there act of violence on some person not we wanted to include some if could be , bothering you, their answers have all articles from the main or when been similar. For fun, for kicks... these stream papers. So the several men are the answers they are giving to auorder of events may be attack and thorities and researchers. (Continued on page 6) confusing on the timeline. blow up a
Please remember that in one article it may state that the police are looking for the suspects and then another article may state that the suspects are in custody. Most Americans are “Two Paychecks” away from being homeless. Help the shelter stay alive. We are trying to pay the mortgage off! To help, please send a check or money order to: COSAC Foundation Burn That Mortgage Campaign P.O. Box 292-577 Davie, Fl 33329
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Beaten to death Drifter Norris Gaynor, 45, did not survive severe blows to his head early Thursday. Gaynor was one of three homeless men attacked in downtown Fort Lauderdale or near a church near the beach early that morning. Police are still hunting the killers -- two to four young men who were armed with sticks or baseball bats. (Broward Sheriff's Office)
The beatings started at 1:20 a.m.
A
t least two young men, armed with bats and chilling smiles, attacked a homeless man outside a downtown Fort Lauderdale college building as a security camera watched. A second attack was reported at 2:38 a.m., at a park across the street from the Broward Center for the Performing Arts, only a half-mile away. If this crime was by the same attackers, they were more vicious. A man called to say his friend was hurt, lying on a park bench. When paramedics arrived, they found the victim barely alive, his head bashed in, defense wounds on his arms. Not long after the second victim died, police had a third report. Just after 4 a.m., a homeless man crawled from the Church by the Sea garden where he was jumped, and flagged down a crew of firefighters. Within three hours and four miles, police think a group of two to four young men, either teens or in their early 20s, had (Continued on page 10)
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hen homeless individuals around South Florida go to seek shelter tonight– a refuge away from the cold weather sweeping through – they will be able to sleep with a little more ease. Thomas S. Dougherty, 17-yearsold, and 18-year-old Brian A. Hooks, the two suspects captured by a security camera while attacking a homeless man, were turned in today by their families. Captain Michael Gregory released a statement at 3:30 p.m. informing the public that the families of Dougherty and Hooks turned the teenagers over to police around 9:45 this morning. Dougherty and Hooks “They were both quiet, polite and cooperative,” Gregory said. He also stated that they invoked their right to silence and the presence of an attorney. Dougherty and Hooks are facing charges of aggravated battery for attacking Jacques Pierre, 58, and the murder of Norris Gaynor, 45. The third victim, 49-year-old Raymond Perez, who was beaten outside Church-by-the-Sea, is also believed to be another of Dougherty and Hooks doing; just one hour after Gaynor was assaulted. The nation watched as Pierre was beaten by the two teenagers around 1 a.m., Thursday, outside of Florida Atlantic University’s downtown campus with what looked to be bats. “Everyone saw the footage,” Gregory said. This footage, as he (Continued on page 7)
The Voice of the Homeless
Page 2
THE ISSUE OF HATE CRIMES
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Volume VIII, Issue 2
HOMELESS VOICE This month we saw disturbing videos of teens beating a homeless man with baseball bats. What has caused this problem across America when teens go out to injure or kill a homeless person? Please teach your kids that crimes like this should never enter their mind and to also be leery of friends who do things like this. Also teach them how to run and hide if a shooting takes place at their school. Don’t wait until tomorrow, teach them today. The only way to solve this problem LETTERS TO THE EDITOR is at home SEND TO: and in the schools.
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The Voice of the Homeless
Page 4
THE ISSUE OF HATE CRIMES Intro To Meanest Cities Report
T
he housing and homelessness crisis in the United States has worsened in 2005, with many cities reporting an increase in demands for emergency shelter. In 2005, 71 percent of the 24 cities surveyed by the U.S. Conference of Mayors reported a 6 percent increase in requests for emergency shelter. Even while the requests for emergency shelter have increased, cities do not have adequate shelter space to meet the need. In the 24 cities surveyed in the U.S. Conference of Mayors Hunger and Homelessness Survey for 2005, an average of 14 percent of overall emergency shelter requests went unmet, with 32 percent of shelter requests by homeless families unmet. The lack of available shelter space – a situation made worse by the Gulf Coast hurricanes - leaves many homeless persons with no choice but to struggle to survive on the streets of our cities. Over the course of the year, 3.5 million Americans experience homelessness. The number of people living on the streets threatens to grow as thousands of people are now homeless as a result of Hurricane Katrina. According to the Federal Emergency Management Agency, as of late November, approximately 50,000 hurricane evacuees remained in hotels and motels awaiting alternative housing options. An unfortunate trend in cities around the country over the past 25 years has been to turn to the criminal justice system to respond to people living in public spaces. This trend includes measures that target homeless persons by making it illegal to perform life-sustaining activities in public. These measures prohibit activities such as sleeping/camping, eating, sitting, and begging in public spaces, usually including criminal penalties for violation of these laws. National Coalition for the Homeless
The trend of criminalizing homelessness appears to be growing. Of the 67 cities surveyed in both NCH and NLCHP’s last joint report in 2002 and in this report: •There is a 12% increase in laws prohibiting begging in certain public places and an 18% increase in laws that prohibit aggressive panhandling. •There is a 14% increase in laws prohibiting sitting or lying in certain public spaces. •There is a 3% increase in laws prohibiting loitering, loafing, or vagrancy laws.
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20 Meanest Cities 1. Sarasota, FL 2. Lawrence, KS 3. Little Rock, AR 4. Atlanta, GA 5. Las Vegas, NV 6. Dallas, TX 7. Houston, TX 8. San Juan, PR 9. Santa Monica, CA 10. Flagstaff, AZ 11. San Francisco, CA 12. Chicago, IL 13. San Antonio, TX 14. New York City, NY 15. Austin, TX 16. Anchorage, AK 17. Phoenix, AZ 18. Los Angeles, CA 19. St. Louis, MO 20. Pittsburgh, PA
National Coalition for the Homeless
Types of Criminalization Measures The criminalization of homelessness takes many forms, including: • Legislation that makes it illegal to sleep, sit, or store personal belongings in public spaces in cities where people are forced to live in public spaces; • Selective enforcement of more neutral laws, such as loitering or open container laws, against homeless persons; • Sweeps of city areas where homeless persons are living to drive them out of the area, frequently resulting in the destruction of those persons’ personal property, including important personal documents and medication; and • Laws that punish people for begging or panhandling to move poor or homeless persons out of a city or downtown area. National Coalition for the Homeless
“Help Feed Our Sheep” The Homeless Voice is looking for churches to volunteer for feeding the homeless. Please Call Mark at 954-410-6275
As we all are aware of the homeless beatings (hate crimes) in Fort Lauderdale Florida, that left one Homeless Man dead and two seriously hurt the above two have been charged with the crimes. We all have seen the brutal beating on video when one homeless man was attacked with baseball bats. A college security camera picked up the crime in progress. The video tape of the beatings went on National and International TV and was carried by all the networks and in almost every main stream newspaper. This hate crime on the homeless will bring attention to the general public and most governmental leaders that hate crimes on the homeless is on the rise. The Homeless Voice Newspaper on behalf of the Homeless News Wire Service went to the press conference at the Fort Lauderdale Police Department Florida on January 15th 2006 at 3:30 PM. There are expected to be more arrest shortly as well the police investigating possible other attacks on the Homeless in the last few months.
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Page 5
Volume VIII, Issue 2
HOMELESSVOICE
S
haring your wealth with the community and supporting a cause that you feel strongly about have always been important to you. You might hesitate to make an outright gift, though, because you may need the income generated by your assets to further personal ands family financial goals. You might also have reservations about giving away assets, because doing so will reduce the size of your estate that will ultimately go to your heirs. Preserving wealth through maximizing deductions and maximizing taxable income is a goal shared by many Americans. Unfortunately, the Tax Reform Act of 1986 wiped out many popular tax-planning strategies and, thus, your ability to save on taxes is much more limited today. There is a planning tool, however, that enables you to make a substantial gift now that will benefit one or more of your favorite charitable causes after death. It is called a Charitable Remainder Trust and it allows you to make a gift of assets to charity while receiving lifetime annual income and immediate tax advantages. By using this tool you can benefit yourself, your family and your community. Isn’t it better to give a little….and gain a lot? Split Giving There are numerous options available to you in making a charitable gift. You may make a gift of cash, property or even life insurance. You may make a gift that is split between a charitable and a noncharitable beneficiary. A split gift is distinguished from other types of charitable gifts in that it can provide income advantages for you, your family and the charity. The Charitable Remainder Trust, the Charitable Lead Trust and the Pooled Income Trust provide flexibility in making a gift of this type. Asset Replacement Even though your family may receive a variety of current tax and income benefits through split giving, the size of the estate ultimately passing to your heirs may be substantially reduced. Life insurance can be a valuable tool in asset replacement. The tax savings produced by the charitable deduction and the income generated by the charitable trust can be used to pay premiums on the life insurance policy. The proceeds of the policy can be used to replace the value of the gifted assets. In this way, your estate can be kept intact for the benefit of your family. Planned Giving Can Work For You If your goal is to give something back to the community and benefit your family as well, Planned Giving is for you. By sharing your wealth and making a substantial charitable gift, you can make a difference and be remem-
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bered for it. Through Planned Giving you can select an intelligent way to make a gift that will accomplish all of your objectives. Planned Giving Will Enable You To: • Benefit a religious, social, community or cultural cause that is important to you by making a substantial gift that is receivable after death. • Save money that would ordinarily go to the government in income, estate and gift taxes and, instead, use those dollars to benefit both you and your family. • Supplement your pension plan with a steady stream of retirement income. • Avoid capital gains tax by donating appreciated assets to charity and receive lifetime income benefits for yourself and your family. • Obtain a substantial federal income tax deduction today. It is never too late to get started! Contact your Representative today to learn about the details, including the many options available to you through Planned Giving. GIVE A LITTLE…GAIN A LOT! For MetLife Financial Services representatives: Metropolitan Life Insurance Company 200 Park Avenue, New York, NY 10166 For New England Financial representatives: New England Financial is the service mark for New England Life Insurance Company; 501 Boylston Street; Boston, MA; 02116. To start today contact your Met Life Rep Chris Nader 954-920-9275 (see above ad)
The Voice of the Homeless
Page 6
THE ISSUE OF HATE CRIMES HELP PAY OFF OUR MORTGAGE We need just 34,064 people to send in a check for $20.00, Or 13,626 people to send in a check for $50.00, Or 6,813 people to send in a check for $100.00, Or 682 people to send in a check for $1,000, Or Just one wonderful person or business to send a check for the entire $681,280.00 Remember the donation is tax deductible!! Please send your checks to:
The COSAC Building Fund P.O. Box 292-577 Davie, Florida 33329 We do thank you
agree that the figures are much In the month of January worse because homeless providwe all saw the video of the two ers see all the bruises, the broken young men beating the homeless bones, and the concussions that man while he lay helplessly on come to the shelters and soup kitchens. the ground like he was a human pi- “When city politicians make it When the ñata. Then during illegal to feed the homeless, s h e l t e r workers the same night two other homeless illegal to open shelters, make it ask the men were also illegal for the homeless to sleep homeless individuattacked less than on bus benches, they are how a mile apart, leavconsidered “Mean Cities.” Does als this haping one to die. I this teach our youth that the pened to don't know about you but I cringed homeless are worthless; and t h e m , when I saw the since they may be considered their answers are footage. In the year 2004, across worthless, do teens commit these m o s t l y the America, 2 5 hate crimes thinking that it’s ok, all same, “I homeless people cause even are our got beat were sought out, hunted if you will leaders make it seem that way.” up, I got robbed, I and were brutally k i l l e d o f v i c i o u s h a t e was just sleeping and someone crimes. Another 80 individuals came over and hit me with somewere brutally attacked but not thing.” Of course the providers killed during the same year. We then ask did you call the police all must understand that the and in most cases the answers homeless do not like to report they get is that, there was no poWhether they crime and there are many more lice report. horrible stories. Some experts are hate crimes on the homeless (Continued from page 1)
or crimes that occur to the homeless because they live in the streets, it has become a serious problem. Let’s look a little deeper on what some expert’s state is the reason for the increase on hate crimes towards the homeless. What has city politicians done across the USA in the last 30 to 40 National Homeless years? Well, the first thing they do is meet at confer- Advocate Sean Cononie ences such as the US Mayors conference where they talk about the need for more shelter ues. So from all the examples the beds. The second thing they do, city leaders place on the homelet me rephrase this statement to less one could come to the conthe second, third, forth, and fifth clusion that homeless people are things they do, is teach us all how bad and that we should not feed to respond to the homeless and them and because they are so bad poor people. Most cities do not we don't want shelters in our even allow homeless shelters to communities. So why do we ask, open up. Most cities make it ille- how could kids take a baseball gal to feed a homeless person on bat and beat a homeless person to the streets, most cities do sweeps death? The answer, we taught on the homeless and lock them them....... Written by up cause they are sleeping in the National Homeless parks, most cities destroy their Advocate Sean Cononie personal items once arrested, and most cities say the homeless are bad for the local property val-
The Homeless Voice sells approx 80,000 papers per month. This month we ask you, our supporters to send in $10. If everyone participates that normally purchases a paper; we will be able to pay the mortgage off this month. Please if you can find it in your heart to help us in our endeavor. Please send a check or money order to: COSAC Foundation BURN That Mortgage Campaign P.O. Box 292-577 Davie, Fl 33329
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Volume VIII, Issue 2
HOMELESSVOICE Hello; This is a personal message to all you who are working at the Homeless Shelter/Newspaper. Feel free to publish this if you wish. I'm responding to the article (Homeless Men Beaten By Bat) I read on the Homeless newswire which originated with your newspaper. I'm both saddened and angered by such a show of brutality. It could have been you or me, or one of our friends or family and I'd be no less angered or saddened. Such hatred has no reason except perhaps its own existence. Folks need to realize, and this is directed particularly at the assailants, need to realize that THEY could be the next to become homeless. As they say on the streets, "What comes around goes around". I pray that YOUR homeless journey will be kinder. I would not wish such cruelty on anyone. Right now, I'm in New Orleans, Louisiana in the aftermath of the worst disaster in only God knows how long and the one GOOD thing the disaster has done is to teach people from all sorts of backgrounds how to work and care about one another. This is what we need more of in the world, caring kind people who will help those broken by disaster or personal tragedy and get up and pick up the pieces of their lives and start over again. What sort of world would it be if the entire world felt as those assailants did ...that the disenfranchised are to be beaten and urinated on and left for dead. Just let it be known that my prayers are with all involved, the victims, the assailants and all others involved. My prayer is that the world will be a little kinder tomorrow, and in each succeeding day, kinder still… Lynn Magnuson New Orleans, Louisiana
20 Meanest Cities
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hile most cities throughout the country have either laws or practices that criminalize homeless persons, some city practices or laws have stood out as more egregious than others in their attempt to criminalize homelessness. The National Coalition for the Homeless and the National Law Center on Homelessness & Poverty have chosen the following top 20 meanest cities in 2005 based on one or more of the following criteria: the number of anti-homeless laws in the city, the enforcement of those laws and severities of penalties, the general political climate toward homeless people in the city, local advocate support for the meanest designation, the city’s history of criminalization measures, and the existence of pending or recently enacted criminalization legislation in the city. Although some of the report’s top 20 meanest cities have made some efforts to address homelessness in their communities, the punitive practices highlighted in the report impede true progress in solving the problem. National Coalition for the Homeless
Narrative of Florida's Meanest Cities #1 Sarasota, FL n February 2005, the City Commission unanimously approved an ordinance prohibiting “lodging out of doors.” The previous “no-camping” rule was ruled unconstitutional by a state court last year because it was too vague and punished innocent conduct. The new rule prohibited using any public or private property for “lodging” outdoors without permission from the property owner. While not completely mitigating the negative impact of the law, the city took a more positive approach to the issue in this law by including a requirement that police officers, once a year, offer people who violate the law a ride to the shelter, instead of jail. The commissioners said that the ordinance would protect public safety and property while helping homeless people find shelter. Although the city was confident that this ordinance would stand up in court, critics said that it was still too vague. It was not clear how many “lodging” activities, such as making a fire, laying down blankets or a sleeping bag, and putting up a tent, would have to be happening in order for a person to be arrested. Moreover, the police were not required to give a person a ride to
I
the shelter if the person was intoxicated, using drugs, or did not have proper identification. Like its predecessor, this ordinance was short-lived. In June 2005, a state court found the “no lodging law” unconstitutional. County Judge David L. Denkin said the ordinance gave police officers too much discretion in deciding who is a threat to public health and safety, and who is just taking a nap on the beach. The judge, however, recognized the “good intention” of the city commissioners. The city claims it is important to the city’s residents. City commissioners have long insisted that the ordinances are about protecting people, but the ordinance has been used to arrest homeless persons. Assistant Public Defender Chris Cosden believes the city should give up: “The city has tried twice, and failed twice [with its ordinances]. The city has to step back and realize there are some things you just can’t do.” On a positive note, Fredd Atkins, a Sarasota City Commissioner, agreed that the city has “spent enough money trying to do the wrong thing right,” suggesting the money be committed to solving the root causes of homelessness. Nonetheless, in August 2005, the city commissioners passed yet another ordinance,
strangely similar to the previous two that were ruled unconstitutional. The new ordinance makes it a crime to sleep without permission on city or private property, either in a tent or makeshift shelter, or while “atop or covered by materials.” The city commissioners invented a list of criteria to determine if a person violates the new law. One or more of the following five features must be observed in order to make an arrest: “numerous items of personal belongings are present; the person is engaged in cooking activities, the person has built or is maintaining a fire, the person has engaged in digging or earth-breaking activities, or the person is asleep and when awakened states that he or she has no other place to live.” Advocates are shocked that the ordinance actually includes being homeless, or having “no other place to live” as itself a criterion for arrest. Advocates argue that this ordinance, like its predecessors, targets homeless people. The new law has been challenged in state court by defendants who were charged under the law. The court upheld the law, finding it constitutional. National Coalition for the Homeless
Graduating Soon? Graduating Later Get Experience Now! Looking for Volunteer Interns. Call the Homeless Voice 954-444-7326 (Continued from page 1)
notes, was also a critical piece of evidence that aided in the capture of the two males. The authorities received more than 100 tips that led to the arrest of Dougherty and Hooks. Sean Cononie, National Homeless Advocate on Hate Crimes towards the Homeless as well as the founder of the Homeless Voice newspaper is glad the suspects were caught. However, not only does he show empathy towards the victims and the victim’s families he also shows empathy for the teenagers and their
families. Cononie added, “It’s a terrible time for the parents of the suspects as well as the kids.” Cononie says. “I am sure these kids were not brought up by their parents to kill people minding their own business and for no apparent reason, as if there could be.” Despite the concern for all the members involved, Cononie is convinced we are dealing with a hate crime of epic proportion. “Hate crimes are on the rise for the homeless and other individuals,” Cononie says. “It goes back to education and teaching correct values.” In fact, because of the in-
crease in hate crimes and terrorism, which Cononie believes are synonymous, three years ago he founded the National Coalition Against Terrorism, Inc and Stopping Hate Crimes USA to investigate why the hate exist and what can be done to dismantle the hate. Although the accusations of the crimes committed have not been directly linked to hate, Scott Russell, a reserve officer in Ft. Lauderdale, sees unlawful death as just that.
“MURDER is the Ultimate Hate Crime!” By: Jeremy Swift Jswif001@fiu.edu or Jswif001@homelessvoice.org Homeless Voice Newspaper, Florida and the Homeless News Wire Service
Dear Readers, Please keep our friend Cathy in your prayers. -Homeless Voice
The Voice of the Homeless
Page 8
THE ISSUE OF HATE CRIMES Top Five Meanest Cities
While cities are cracking down on homeless persons living in public spaces, according to the latest U.S. Conference of Mayors Hunger and Homelessness report, cities do not have adequate shelter to meet the needs.
#1 Sarasota, FL. After two successive Sarasota antilodging laws were overturned as unconstitutional by state courts, Sarasota passed a third law banning lodging outdoors. This latest version appears to be explicitly aimed at homeless persons. One of the elements necessary for arrest under the law is that the person “has no other place to live.” #2 Lawrence, KS. After a group of downtown Lawrence business leaders urged the city to cut social services and pass ordinances to target homeless persons, the city passed three “civility” ordinances, including an aggressive panhandling law, a law prohibiting trespass on rooftops, and a law limiting sleeping or sitting on city sidewalks. #3 Little Rock, AR. Homeless persons have reported being kicked out of bus stations in Little Rock, even when they had valid bus tickets. Two homeless men reported that officers of the Little Rock Police Department, in separate incidents, had kicked them out of the Little Rock Bus Station, even after showing the police their tickets. In other instances, homeless persons have been told that they could not wait at the bus station "because you are homeless." #4 Atlanta, GA. Amid waves of public protest and testimony opposing the Mayor’s proposed comprehensive ban on panhandling, the City Council passed the anti-panhandling ordinance in August 2005. In the devastating aftermath of Hurricane Katrina, Atlanta stood firm in its resolve to criminalize panhandlers. A Katrina evacuee who was sleeping in his car with his family after seeking refuge in Atlanta was arrested for panhandling at a mall in the affluent Buckhead neighborhood, even after he showed the police his Louisiana driver’s license, car tag, and registration as proof that he was a Katrina evacuee. In addition, during the first week in December, the Atlanta Zoning Review Board approved a ban on supportive housing inside the city limits.
#5 Las Vegas, NV. Even as the city shelters are overcrowded and the city’s Crisis Intervention Center recently closed due to lack of funding, the city continues to target homeless persons living outside. The police conduct habitual sweeps of encampments which lead to extended jail time for repeat misdemeanor offenders. In order to keep homeless individuals out of future parks, the city considered privatizing the parks, enabling owners to kick out unwanted people. Mayor Oscar Goodman fervently supported the idea, saying, “I don’t want them there. They’re not going to be there. I’m not going to let it happen. They think I’m mean now; wait until the homeless try to go over there.” National Coalition for the Homeless
Restrictions on Feedings Cities have been further targeting homeless persons by penalizing those offering outdoor feedings for homeless individuals. These city restrictions are frequently aimed at preventing providers from serving food in parks and other public spaces. In Dallas, beginning in September 2005, a new ordinance penalizes charities, churches, and other organizations that serve food to the needy outside of designated areas of the city. Anyone who violates this ordinance can be fined up to $2000. In June 2005, Miami also considered passing a law that would prohibit groups from feeding homeless persons in city parks and on the streets. Local advocates have been negotiating with the city to prevent the city from passing the law. In Atlanta, Mayor Shirley Franklin issued an Executive Order prohibiting feeding homeless people in parks or in public. Although the order carries with it no legal sanction, it has deterred many churches and communities of faith from continuing with public feeding. National Coalition for the Homeless
The Cooperative Feeding Program is in desperate need of food for the community food pantry. •
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The shelves are empty and we need to feed our community members that need just a little help. Please get with your church, optimist clubs, schools, or social clubs and do a food drive so our little ones, seniors and individuals get some food in their bellies. Please call 954-792-2EAT www.FeedingBroward.org
Learn how to start your own food pantry so your own group can do what we do to help our poorest members of our community. Go to www.Training.cscBroward.org. Project name: The Cupboard Is Bare.
Using International Human Rights Law in the U.S. The United States has signed international human rights agreements, many of which prohibit actions that target homeless people living in public spaces. Although the U.S. had signed and/or ratified several human rights treaties that would prohibit actions that criminalize homelessness, those treaties are not directly enforceable in U.S. courts (i.e., “self-executing”). However, once a country has signed an international treaty, it is obligated not to pass laws that would “defeat the object and purpose of [the] treaty.” Even if a treaty is not directly enforceable in domestic courts, international human rights treaties can be used persuasively to support legal arguments based on domestic law. For example, if the domestic law is ambiguous on a certain topic, courts can turn to international law for guidance. National Coalition for the Homeless
Sweeps Cities also target people experiencing homelessness by conducting sweeps of areas where a person or several persons are living outside. Sometimes, police or local government employees will go through an area where people are living and confiscate and destroy people’s belongings in an attempt to “clean up” an area. While city workers may have the right to clean public areas, they must take certain measures to avoid violating people’s right to be free from unreasonable searches and seizures guaranteed by the Fourth Amendment. A seizure of property violates the Fourth Amendment when a governmental action unreasonably interferes with a person or his/her property. Courts have found that police practices of seizing and destroying personal property of homeless people violate these constitutional rights under the Fourth Amendment. In addition, some courts have also affirmed homeless persons’ right to be free from unreasonable searches even if their belongings are stored in public spaces. National Coalition for the Homeless
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Volume VIII, Issue 2
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Loitering Measures Another tool that cities have used to target people who live outside and on the streets are laws that prohibit loitering. Due to the broad scope of prohibited behavior under loitering laws, cities have used these to target homeless people in public spaces. Fortunately, cities have found these laws less useful, as the Supreme Court has overturned several loitering laws for being unconstitutionally vague. In several cases, the Supreme Court has found vagrancy and loitering ordinances unconstitutional due to vagueness, in violation of the Due Process Clause of the Fourteenth Amendment of the Constitution. A statute is unconstitutionally vague if it does not give a person notice of prohibited conduct and encourages arbitrary police enforcement. Since many loitering laws have similarly broad and vague language, homeless persons and advocates have a strong argument that such laws violate the Due Process Clause of the Fourteenth Amendment. National Coalition for the Homeless
Recommendations Instead of criminalizing homelessness, city governments, business groups, and law enforcement officials should work with homeless people, providers, and advocates for solutions to prevent and end homelessness. Cities should dedicate more resources to more affordable housing, shelters, and homeless services. To address street homelessness, cities should adopt or dedicate more resources to outreach programs. Further, cities and states can set up programs to help homeless individuals apply for federal benefits to which they are entitled but may not be receiving, such as Supplemental Security Income benefits for disabled individuals, food stamps, or the earned income tax credit. Business groups can play a positive role in helping to address the issue of homelessness. Instead of advocating for criminalization measures, business groups can put resources to solutions to homelessness, such as the Downtown D.C. Business Improvement District’s day center. The federal government can also play a role in encouraging cities to pursue more constructive approaches to homelessness. Federal funding for homeless and poverty programs should be conditioned on local government agreement not to punish homeless persons for conduct related to their status. As criminalization measures move people away from services, make it more difficult for people to move out of homelessness, and cost more due to incarceration and law enforcement costs than more constructive approaches, cities would be wise to seek constructive alternatives to criminalization. When cities work with homeless persons and advocates toward solutions to homelessness, instead of punishing those who are homeless or poor, everyone can benefit. National Coalition for the Homeless
The Voice of the Homeless
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THE ISSUE OF HATE CRIMES
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put two homeless men in the hospital and one in the morgue. While there is no direct evidence proving that the three beatings are by the same group, authorities are investigating them as such because of the similar times, locations and method of attack. Police said the attackers will face murder charges. "It's senseless. If you look at these kids, it was almost like it was fun and games for them," said Scott Russell, a Fort Lauderdale police officer who heads the department's crisis intervention team. "It looked like they were laughing and finding great joy in what they were doing, which made it more horrific." Drifter Norris Gaynor, 45, did not survive severe blows to his head. Police did not release the identity of the two other men, whose conditions were unknown late Thursday. "This is a heinous crime that will not go unpunished," said Fort Lauderdale police spokeswoman Katherine Collins. Security cameras captured scenes of the first attack, in front of the Florida Atlantic University and Broward Community College higher education building on Las Olas Boulevard. The tape shows two young men chasing and beating a 58 -year-old homeless man at the front door with bats. One of the teens stumbles as the man tries to defend himself. As the two teens run off, headlights from a dark-colored car or truck can be seen shining west on Las Olas Boulevard. Collins said she had no information about that vehicle, although authorities said Thursday they are looking for a white van with no markings. Paramedics took the first victim to Broward General Medical Center in Fort Lauderdale for head trauma and defense fractures. The beating spree next moved a few blocks southwest, to Riverwalk Linear Park, also called Esplanade Park, in the shadow of the Broward Center for the Performing Arts. In a secluded, western portion of the park near the water, the attackers beat Gaynor, who died at Broward General. Collins said Gaynor may have been attacked as he slept on a park bench there. Detectives later tore the bench out of the ground to scour it for evidence. Bloodstains are all that remain. The final attack came about 90 minutes later and three miles • • •
away. The attackers found a man sleeping on a bench in the Church by the Sea's memorial gardens and beat him severely, Collins said. The man crawled to Mayan Drive with a towel wrapped around his head, and he flagged down a passing fire crew who took him to the hospital. "He claims that while sleeping he was attacked," said Assistant Chief Stephen McInerny with Fort Lauderdale Fire-Rescue. Advocates say random violence against the homeless has always existed and is on the rise. South Florida has had at least five cases of homeless-related killings by teens or young adults in the past two decades. In 1986, in West Palm Beach, four teens decided, as a police report put it: to "roust some bums" for fun and beat a homeless man to death. In 1996, a 40-year-old homeless man was punched, kicked and stomped to death by a gang of teens in Pompano Beach. "It's one of the shameful secrets we have, the beating of homeless for sport," said Marti Forman, CEO of the Cooperative Feeding Program in Fort Lauderdale. "It's a recreation thing, it's an initiation for gangs and fraternities. I see it in the kitchen in the mornings, people coming in with their black eyes and broken teeth." Seldom, she said, is it caught on camera, as in this case. "Thank God for that video," she said. "There has to be outrage in the community before someone says, ‘Well, how prevalent is this?'" The National Coalition for the Homeless, which tracks random violence against the homeless using news and police reports, notes that in 2004, 25 homeless people were killed and 80 non-lethal attacks reported. That's a jump of 67 percent since 2002. Most of those accused were in their teens or early 20s. "People think that homeless people are not human beings and that it's OK to hurt them and, most importantly, they think they can get away with it," said acting executive director Michael Stoops. Stoops also points to the popularity of a series of videos and Internet clips known as "Bum Fights" that show homeless people being beaten up as a form of entertainment. "When young people see that, they say, ‘I do can do that!'" Stoops said. "It's a copy-cat kind of thing." On Thursday, Officers
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Jaime Costas and Russell, went to a homeless dinner offered by St. Andrews United Methodist Church and handed out fliers asking for help. As Costas described what happened to the three men that morning, one man gasped: "Oh my God!" Gaynor, the homeless man who died, had stayed at least briefly at the Broward Outreach Center in Pompano Beach. Several people there recognized Gaynor's photograph, but few knew him. "I've seen him around here, there around Martin Luther King Jr. Blvd.," said Marty Whitaker, a homeless man. "He was pretty much to himself. He was kind of a wiry person, always on the move." Gaynor has a short criminal history in Florida, according to Florida Department of Law Enforcement records, including charges of lewd and lascivious behavior in MiamiDade County in 1990 and a one-year probation sentence in 1992 for aggravated battery there. On Dec. 29, he was arrested on a charge of indecent exposure by Hollywood police, according to Broward County court records. Further details were not available Thursday. Sean Cononie, who runs a
homeless shelter in downtown Hollywood, was worried. "If they don't catch these guys, it's probably going to happen again," he said. "The sad part is the reason they do it, ‘For kicks, for fun.' How does society address that?" Ron Slaby, a developmental psychologist at the Center for Media and Child Health at Children's Hospital Boston, said violence in the media, home and community are likely contributing factors. He said the attackers are likely to have developed a superiority-inferiority complex that led them to believe the homeless are less than human. He said they are likely to have been exposed to media that reinforced this, as well as video games that "trained" them to kill without emotion. And, while in a group, Slaby said they likely experienced heightened excitement and diminished responsibility and inhibitions. "There could be a certain level of gang mentality," he said, "a certain type of superiority ... where others who are ‘inferior’ deserve to be done away with." By Brian Haas and Jamie Malernee Staff Writers South Florida Sun-Sentinel
Third teen charged in homeless beating
A
third Fort Lauderdale teenager has been charged in the killing of a homeless man who was beaten and shot with a paintball gun. The Miami Herald reports 18year-old William Ammons was charged with first-degree murder in the death of Norris Gaynor, 45. Charges had already been filed against 17-year-old Tom Daugherty and 18-year-old Brian Hooks. Ammons was denied bond Wednesday and was being held in Broward County Jail. Police say the three, as well as William Ammons an unidentified minor who is cooperat(Sun-Sentinel) ing with the investigation, were driving around the city early Thursday morning and attacked at least three sleeping homeless men. Ammons has also been charged in the beating of Raymond Perez, 49. By UPI US NEWS
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Volume VIII, Issue 2
HOMELESSVOICE
W
hen I was 21 years old, a friend of mine and I decided to go off to see the world. Many of our friends were going to Europe and hitchhiking around with rucksacks. We decided to be different and go to Africa. We had no idea how serious and how difficult this adventure was to be. As we drove south across the Sahara Desert, we encountered endless problems, any one of which could have finished our trip ... or our lives. The prospect of getting across that immense desert was so daunting, it could have stopped us dead in our tracks. Instead, we learned a lesson that turned out to be one that I have since applied to every aspect of my life. The French, who had controlled Algeria for many years, had marked a path across the desert with 55-gallon oil drums spaced exactly five kilometers apart. As we came to an oil drum, the next drum would pop up on the horizon and the last oil drum would fall off the horizon, as if shot in a shooting gallery. Wherever we were, we could always see two oil drums the one we had just left and the one we were headed toward. And it looked like our journey was never going to end. We could have thrown up our hands and said, "This is impossible!" But we didn't. We adopted a Positive Mental Attitude and realized that to achieve our goal, all we had to do was take it one step (one oil barrel) at a time. A Positive Mental Attitude is indispensable to success. By focusing on doing what lies clearly at hand ... by taking the step that appears immediately in front of you ... that will automatically lead you to the next step, and the next, and so on. Eventually, you will find yourself where you want to be. But there is much more to a Positive Mental Attitude than
this. You can have a positive constructive human being. attitude that immediately disap- 3. Assume that something good is pears in the face of adversity ... hidden within each difficulty or or you can have an attitude that is challenge. Dr. Norman Vincent so strong, you are able to remain Peale, a major proponent of positive thinking, positive, cheerful, once id, and optimistic, no "Our grand business "Whenevers aGod matter what. Of course, is not to see what lies wants to give us a gift, he wraps it this isn't as easy as dimly at a distance, up in a problem." it sounds. Because The bigwe are all faced but to do what lies ger the gift you with four obstacles clearly at hand." have coming, the that tend to get in the way of our - Thomas Carlyle bigger the problem you will remaintaining a Posiceive. And if you tive Mental Attitude: fear, worry, anger, and look for the gift, you will always find it. doubt. We are afraid that we 4. Assume that the situation you will lose our money, waste our are facing at the moment is exeffort, or forfeit our emotional or actly the right situation you need physical investment. If we are not to ultimately be successful. This careful, we start thinking of our situation has been sent to you to potential losses rather than focus- help you learn something, to help you become better, to help you ing on our potential gains. Fear triggers worry, and expand and grow. One of the afwe begin to use our power of firmations I have imagination to create all sorts of learned to use is negative images that interfere this: "Every situawith our ability to perform effec- tion is a positive situation if I view it tively. Fear and worry create as an opportunity anger and doubt. Instead of con- for growth and self stantly moving forward in the - m a s t e r y . " You cannot direction of our dreams, we turn ourselves into victims and begin say that without to blame other people and other thinking positive thoughts, feeling situations for our problems. There are six things you positive emotions, can do to eliminate these obsta- and seeing positive cles and develop a Positive Men- actions that you can take. tal Attitude: 1. Instead of worrying about who 5. Assume that did what and who is to blame, every setback confocus on where you want to be tains a lesson that and what you want to do. Get a is essential for you clear mental image of your ideal to learn. Only when successful future, and then take you learn this leswhatever action you can to begin son will you be smart enough and moving in that direction. 2. Focus on the solution instead wise enough to go of wasting time rehashing and on to achieve the reflecting on the problem. Solu- big goals that you tions are inherently positive, have set for yourwhereas problems are inherently self. If you are negative. The instant that you begin thinking in terms of solutions, you become a positive and
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busy looking for the lesson, you cannot simultaneously think about the difficulty or the obstacle. And you will always find the lesson. 6. Whenever you have a goal that is unachieved, a difficulty that is unresolved, or a problem that is blocking you from getting where you want to go, sit down with a pen and piece of paper and make a list of every single thing that you could possibly do to resolve the situation. As you write, all kinds of insights and ideas will pop into your head. A Positive Mental Attitude is indispensable to your success. And all it takes is for you to always take these six actions that are consistent with achieving your goals rather than actions that make you feel the negative emotions of worry, doubt, anger, and fear. By Brian Tracy
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