Monday, October 17, 2016

Dear Supporters of the Florida Homeless Bill of Rights Campaign,

We're in need of transitioning to a new host page for our draft bill and endorsers list, so please link to http://floridahbor.blogspot.com/ going forward. That's where the current draft bill and endorsers list, any revisions to the bill and additions to the endorsers list will be found. Thanks for bearing with us through this unforeseen but necessary transition. 

FHBoR Campaign Organizers 

Monday, September 19, 2016

Bill of Rights for Citizens Experiencing Homelessness

The criminalization of homelessness – the punitive social reaction to life-sustaining behaviors and activities engaged in by persons experiencing homelessness – has been dramatically on the rise across the nation for more than two decades. This regressive approach in response to burgeoning homelessness, implemented primarily via the agency of municipal government, has been documented in seminal reports from the National Coalition for the Homeless, National Law Center on Homelessness and Poverty, and regional homeless advocacy organizations. Citizens in every state in the nation have suffered an increase in the number of laws prohibiting life-sustaining activities like camping, sleeping in vehicles, begging/panhandling, performing bodily functions (even in the absence of public restrooms), storing personal property outdoors and, perhaps most egregiously, the sharing of food by both secular and faith-based institutions.

These oppressive measures serve no documented function whatsoever in terms of moving society in the direction of ending homelessness. Thus, in response, homeless persons and advocates have united to bring ‘Right-to- Rest’ or Homeless Bill of Rights legislation to their respective states. Three states now include HBoR’s among their statutes – Rhode Island, Connecticut and Illinois – while a host of others – California, Washington, Colorado, Oregon, and Delaware – have proposed similar legislation in recent years but have yet to see them passed.

A variety of reports suggest Florida may be the #1 state in the nation in terms of its criminalization of homelessness. Florida therefore needs to adopt such a measure for the protection of the basic human rights and dignity of homeless persons more than any other state.

Proposed Bill of Rights for Florida Citizens Experiencing Homelessness

Short title. – This chapter shall be known and may be cited as the "Homeless Bill of Rights."

Legislative intent. – Currently, many persons are enduring homelessness – they lack a permanent, nighttime residence as a result of economic hardship, a severe shortage of safe and affordable housing, and a shrinking social safety net. It is the long-standing policy of this State that no person should suffer unnecessarily from the elements (cold, heat, rain, etc.), be deprived of food or shelter (or the basic rights incident to both), or be subject to discrimination based on his or her housing status. It is the intent of this chapter to ameliorate the adverse effects visited upon families, individuals and our communities when the State’s residents lack permanent housing; to create a society where all people, regardless of their housing status, are valued and treated with dignity and respect and where their human, legal, and civil rights are protected; and to be guided by the principle that basic shelter is a human right.

SECTION 1. Definition of Homeless – For the purposes of this resolution, “homeless” means lacking a fixed, regular, and adequate residence; or having a primary residence in a shelter, on the street, in a vehicle, in an enclosure or structure that is not authorized or fit for human habitation, or in substandard apartments or dwellings; or staying doubled up temporarily with friends or families; or staying in transitional housing programs; or staying anywhere without tenancy rights; or staying with one or more children of whom they are the parent or legal guardian in a residential hotel or motel whether or not they have tenancy rights .

SECTION 2. Definition of Harassment – “Harassment” means a knowing and willful course of conduct by law enforcement, public or private security personnel or a private citizen directed at a specific person or group of persons, especially because of their lack of housing, that a reasonable person would consider as seriously alarming, seriously annoying, seriously intimidating, seriously threatening, seriously tormenting, or seriously terrorizing a person so as to disrupt, change, or alter their behavior or location.

SECTION 3. Bill of Rights – All natural persons are equal before the law and have inalienable rights, among which are the rights to acquire, possess and protect property. No person's other rights, privileges or access to public services may be denied or abridged solely because he or she is unable to enjoy those property rights. Every person, regardless of housing status, has the following rights:

a)  The Right to Housing.  The right to housing is a basic human right, as stated in Article 25 of the Universal Declaration of Human Rights, which states: “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control;” thus, the State, counties, and local municipalities will take measurable steps to intervene in the housing crisis in order to provide safe and affordable emergency and/or transitional shelter and permanent housing for people experiencing homelessness, including for those who are extremely-low-income (ELI), and forbid discrimination against persons seeking housing based on their  housing status, their source of   income (including Federal Housing Choice Vouchers ), or lack of a fixed or permanent mailing address.

b) The Right to Equal Treatment. The right to equal treatment under the law by all State, county, and municipal agencies, without discrimination on the basis of housing status or source of income, and equal protection of the laws and due process by law enforcement and prosecuting   agencies and the courts;

c) The Right to Employment Fairness. The right not to face discrimination in seeking, obtaining, or maintaining employment due to the lack of a permanent residence or a permanent mailing address, or because the mailing address is that of a homeless shelter, or a homeless or social  services provider;

d) The Right to Personal Safety. The right to personal safety, which shall include protection from violence based upon housing status and law enforcement and the Attorney General's recording and reporting of all such incidents;

e) The Right to Enjoy Public Space. The right to use and move freely in public spaces, including sitting, lying down, sleeping, or resting in public spaces, which shall include but not be limited to public sidewalks, public parks, public transportation and public buildings, in the same manner as any other person and without discrimination on the basis of his or her housing status;

f) The Right to Rest. The right to rest or sleep in temporary shelter, such as any legally-parked motor or recreational vehicle or a self-erected shelter (e.g., a tent), on public or, with the owner’s permission, private property, for the purpose of immediate survival of persons, and their pets, without harassment  by law enforcement officers or others;

g) The Right to Medically Necessary Treatment and Behavior. The right to medical care, free from discrimination based on housing status. All human beings, regardless of housing status, have the same basic needs to defecate, urinate, and access clean water and other living necessities. All persons, whether permanently housed or experiencing homelessness, should have the opportunity to perform these basic human functions in public locations and facilities, which includes public parks and buildings, with dignity and relative privacy under hygienic circumstances and conditions, in clean, safe, highly accessible facilities, free to all persons;

h)  The Right to Vote. The right to vote, register to vote, and receive documentation necessary to prove identity for voting, without discrimination due to housing status;

i)  The Right to Personal Property. The right to protection of personal property, in accordance with Article 1, Section 9 of the State Constitution, which states no person shall be deprived of  life, liberty or property without due process of law, which includes: 1) the preservation of personal identification and records, including documentation of government benefits, legal proceedings and familial records, 2) storing unhoused people's belongings for 60 days without charge, and 3) the right to a reasonable expectation of privacy in his or her personal property to the same extent as personal property in a permanent residence; and,

j) The Right to Social Exchange. The right to give and accept food, water (or other non-alcoholic beverages) and shelter, in public spaces or elsewhere, and to connect persons experiencing homelessness with organizations that provide shelter or transitional housing and social services, such as mental health or substance abuse counseling, medical care and employment assistance. The right also to beg or panhandle in public spaces, and to communicate to others in other reasonable ways for other similar purposes.

SECTION 4. Posting – A notice entitled "DECLARATION OF HOMELESS PERSON’S BILL OF RIGHTS" and containing the text in this resolution will be conspicuously posted in all public parks and on the notice boards of all municipal buildings.

SECTION 5. Application of Resolution – This resolution shall apply to state, county, and municipal agencies and employees, including all law enforcement officers and officials, as well as private actors.

SECTION 6. Documentation of Incidents – To ensure equitable and cost effective enforcement of the Homeless Person’s Bill of Rights, every local law enforcement agency shall annually compile, review, and make available to any inquiring party, the number of citations, arrests, and other enforcement activities made pursuant to laws prohibiting the following:

a)      Obstructing a sidewalk, whether by a person or personal property;
b)      Loitering;
c)       Sitting;
d)      Lying down;
e)      Camping;
f)       Public lodging;
g)      Sleeping in a public place;
h)      Soliciting donations;
i)        Bathing in public places;
j)        Sharing or receiving food;
k)      Inhabiting or sleeping in a vehicle;
l)        Violating public park closure laws;
m)    Trespassing;
n)      Preparing and/or cooking food.
o)      Storage of personal property in outdoor, public spaces.

SECTION 7. Severable – The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.


SECTION 8. Damages and attorney's fees – In any civil action alleging a violation of this Act, the court may award appropriate injunctive and declaratory relief, actual damages, and reasonable attorney's fees and costs to a prevailing plaintiff.

Tuesday, August 23, 2016

Endorsements for the Homeless Citizens Bill of Rights Campaign Florida


We are seeking endorsements from around the State of Florida for the Homeless Citizens Bill of Rights Campaign. I am pleased to announce that the campaign has been endorsed by:


National Coalition for the Homeless

National Law Center on Homelessness and Poverty  (endorsement letter)

Homeless Helping Homeless, Inc.  (endorsement letter)

The Well

Speak Up Florida!

Poor People's Economic Human Rights Campaign Florida 

National, Refuge Ministries

TheRevolutionary Road Radio Show

October 22nd Allianceto End Homelessness

Great Harvest International  (endorsement letter)

Food Not Bombs --West Palm Beach 

Food Not Bombs -- Pensacola 

Food Not Bombs -- St. Petersburg

Broward Coalition to End Homelessness 

Miami Homes for All  (endorsement letter) 

The Maureen A. Abbott LOVE THY NEIGHBOR FUND, INC. (endorsement letter)

South Florida Chapter of the National Lawyers Guild (endorsement letter)

Homeless and Hungry, Inc.

The Homeless Teacher 

Humanists of West Florida, Pensacola

Sean's Outpost (Pensacola)

Satoshi Forest Sanctuary  (Pensacola)

Greater Miami-Dade Chapter of the ACLU (endorsement letter)

Homeless Citizens of Tampa (citizen endorsers) 


Read all about it: A Homeless Bill of Rights (Revolution)

Tuesday, August 2, 2016

Bill of Rights for Florida Citizens Experiencing Homelessness (Final)

Bill of Rights for Citizens Experiencing Homelessness

     The criminalization of homelessness -- the punitive social reaction to life-sustaining behaviors and activities engaged in by persons experiencing homelessness-- has been dramatically on the rise across the nation for more than two decades. This regressive approach in response to burgeoning homelessness, implemented primarily via the agency of municipal government, has been documented in seminal reports from the National Coalition for the Homeless, National Law Center on Homelessness and Poverty, and other regional homeless advocacy organizations. Citizens in nearly every state in the nation have suffered an increase in the number of laws prohibiting life-sustaining activities like camping, sleeping in vehicles, begging/panhandling, performing bodily functions (even in the absence of public restrooms), storing personal property outdoors and, perhaps most egregiously, the sharing of food by both secular and faith-based institutions.
       These oppressive measures serve no documented function whatsoever in terms of moving society in the direction of ending homelessness. Thus, in response, homeless persons and advocates have united to bring ‘Right-to-Rest’ or Homeless Bill of Rights legislation to their respective states. Three states now include HBoR’s among their statutes – Rhode Island, Connecticut and Illinois – while a host of others-- California, Washington, Colorado, Oregon, and Delaware -- have proposed similar legislation in recent years but have yet to see them passed. Deleware’s legislature is considering a Homeless Bill of Rights at the time of this writing.
         A variety of reports suggest Florida may be the #1 state in the nation in terms of its criminalization of homelessness. Florida therefore needs to adopt such a measure for the protection of the basic human rights and dignity of homeless persons more than any other state.

Proposed Bill of Rights for Florida Citizens Experiencing Homelessness

Short title. – This chapter shall be known and may be cited as the "Homeless Bill of Rights."

Legislative intent. –  Currently, many persons are enduring homelessness--, they lack a permanent, nighttime residence as a result of economic hardship, a severe shortage of safe and affordable housing, and a shrinking social safety net. It is the long-standing policy of this State that no person should suffer unnecessarily from the elements (cold, heat, rain, etc.), be deprived of food or shelter (or the basic rights incident to both), or be subject to discrimination based on his or her housing status. It is the intent of this chapter to ameliorate the adverse effects visited upon families, individuals and our communities when the State’s residents lack permanent housing; to create a society where all people, regardless of their housing status, are valued and treated with dignity and respect and where their human, legal, and civil rights are protected ; and to be guided by the principle that  basic shelter is a human right.


SECTION 1. Definition of Homeless – For the purposes of this resolution, “homeless” means lacking a fixed, regular, and adequate residence; or having a primary residence in a shelter, on the street, in a vehicle, in an enclosure or structure that is not authorized or fit for human habitation, or substandard apartments or dwellings; or staying doubled up temporarily with friends or families; or staying in transitional housing programs; or staying anywhere without tenancy rights; or staying with one or more children of whom they are the parent or legal guardian in a residential hotel or motel whether or not they have tenancy rights .

SECTION 2. Definition of Harassment – “Harassment” means a knowing and willful course of conduct by law enforcement, public or private security personnel, or a private citizen directed at a specific person or group of persons, especially because of their lack of housing, that a reasonable person would consider as seriously alarming, seriously annoying, seriously intimidating, seriously threatening, seriously tormenting, or seriously terrorizing a person so as to disrupt, change, or alter their behavior or location.

SECTION 3. Bill of Rights – All natural persons are equal before the law and have inalienable rights, among which are the rights to acquire, possess and protect property. No person's other rights, privileges or access to public services may be denied or abridged solely because he or she is unable to enjoy those property rights[JT13] . Every person, regardless of housing status, has the following rights :

a)  The Right to Housing.  The right to housing, which is a basic human right, as stated in Article 25   of the Universal Declaration of Human Rights, which states: “Everyone has the right to a            standard of living adequate for the health and well-being of himself and of his family, including        food, clothing, housing and medical care and necessary social services, and the right to security           in the event of unemployment, sickness, disability, widowhood, old age or other lack of       livelihood in circumstances beyond his control;” thus, the State, counties, and local         municipalities will take measurable steps to intervene in the housing crisis in order to provide safe and affordable emergency and/or transitional shelter and permanent housing for people experiencing homelessness, including for those who are extremely-low-income (ELI), and forbid                discrimination against persons seeking housing based on their  housing status, their source of   income (including Federal Housing Choice Vouchers ), or lack of a fixed or permanent mailing address.
b)            The Right to Equal Treatment. The right to equal treatment under the law by all State, county, and municipal agencies, without discrimination on the basis of housing status or source of      income, and equal protection of the laws and due process by law enforcement and prosecuting   agencies and the courts;
c)            The Right to Employment Fairness. The right not to face discrimination in seeking, obtaining, or maintaining employment due to the lack of a permanent residence or a permanent mailing address, or because the mailing address is that of a homeless shelter, or a homeless or social  services provider; 
d)            The Right to Personal Safety. The right to personal safety, which shall include protection from violence based upon housing status and law enforcement and the Attorney General's recording and reporting of all such incidents;
e)            The Right to Enjoy Public Space. The right to use and move freely in public spaces, including sitting, lying down, sleeping, or resting in public spaces, which shall include but not be limited to public sidewalks, public parks, public transportation and public buildings, in the same manner as any other person and without discrimination on the basis of his or her housing status; 
f)             The Right to Rest. The right to rest or sleep in temporary shelter, such as any legally-parked        motor or recreational vehicle or a self-erected shelter (e.g., a tent), on public or, with the               owner’s permission, private property, for the purpose of immediate survival of persons, and              their pets, without harassment  by law enforcement officers or others;
g)            The Right to Medically Necessary Treatment and Behavior. The right to medical                 care, free from discrimination based on housing status. All human beings, regardless of housing status, have the same basic needs to defecate, urinate, and access clean water and other living necessities. All   persons, whether permanently housed or experiencing homelessness, should have the    opportunity to perform these basic human functions  in public locations and facilities, which       includes public parks and buildings, with dignity and relative privacy under hygienic circumstances and conditions, in clean, safe, highly accessible facilities, free to all persons;
h)  The Right to Vote. The right to vote, register to vote, and receive documentation necessary to  prove identity for voting, without discrimination due to housing status; 
i)    The Right to Personal Property. The right to protection of personal property, in accordance         with Article 1, Section 9 of the State Constitution, which states no person shall be deprived of              life, liberty or property without due process of law, which includes: 1) the preservation of personal identification   and records, including documentation of government benefits, legal proceedings and familial records, 2) storing unhoused people's belongings for 60 days without charge, and 3) the right to a reasonable expectation of privacy in his or her personal property to the same extent as personal property in a permanent residence; and,
j)   The Right to Social Exchange.  The right to give and accept food, water (or other non-alcoholic    beverages) and shelter, in public spaces or elsewhere, and to connect persons experiencing       homelessness with organizations that provide shelter or transitional housing and social              services, such as mental health or substance abuse counseling, medical care and employment   assistance. The right also to beg or panhandle in public spaces, and to communicate to others in              other reasonable ways for other similar purposes .

SECTION 4. Posting – A notice entitled "DECLARATION OF HOMELESS PERSON’S BILL OF RIGHTS" and containing the text in this resolution will be conspicuously posted in all public parks  and on the notice boards of all municipal buildings.

SECTION 5. Application of Resolution – This resolution shall apply to state, county, and municipal agencies and employees, including all law enforcement officers and officials, as well as private actors.

SECTION 6. Documentation of Incidents – To ensure equitable and cost­ effective enforcement of the Homeless Person’s Bill of Rights, every local law enforcement agency shall annually compile, review, and make available to any inquiring party, the number of citations, arrests, and other enforcement activities made pursuant to laws prohibiting the following:
a)            Obstructing a sidewalk, whether by a person or personal property;
b)            Loitering;
c)            Sitting;
d)            Lying down;
e)            Camping;
f)             Public lodging;
g)            Sleeping in a public place;
h)            Soliciting donations;
i)             Bathing in public places;
j)            Sharing or receiving food;
k)             Inhabiting or sleeping in a vehicle;
l)          Violating public park closure laws;
m)            Trespassing;
n)            Preparing and/or cooking food.
o)            Storage of personal property in outdoor, public spaces.

SECTION 7. Severable – The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SECTION 8. Damages and attorney's fees-  In any civil action alleging a violation of this Act, the court may award appropriate injunctive and declaratory relief, actual damages, and reasonable attorney's fees and costs to a prevailing plaintiff. 







Wednesday, July 13, 2016

Daytona Beach Homeless Bill of Rights


The citizens of Daytona Beach are working on a homeless citizens bill of rights. Here is the link.

Here is a link to a court opinion on the Daytona Beach "sleeping ordinances"

(Previous Draft Version) Bill of Rights for Citizens Experiencing Homelessness (Alternative Draft)

     The criminalization of homelessness, defined as the punitive social reaction to life-sustaining behaviors and activities engaged in by persons experiencing homelessness, has dramatically been on the rise across the nation for better than two decades. This regressive approach in response to burgeoning homelessness has been documented in seminal reports from the National Coalition for the Homeless, National Law Center on Homelessness and Poverty, and other regional homeless advocacy organizations. Implemented primarily via the agency of municipal government, nearly every state in the nation has seen an increase in the number of laws prohibiting life-sustaining activities like camping, sleeping in vehicles, begging/panhandling, performing bodily functions (even in the absence of public restrooms), storing personal property outdoors and, perhaps most egregiously, the sharing of food by both secular and faith-based institutions.
        In response to these oppressive measures which serve no documented function whatsoever in terms of moving society in the direction of ending homelessness, homeless persons and advocates have united to bring ‘Right-to-Rest’ or Homeless Bill of Rights legislation to their respective states. Three states now include HBoR’s among their statutes – Rhode Island, Connecticut and Illinois – while a host of others have brought forth similar proposals in recent years but have yet to see them passed: California, Washington, Colorado, Oregon, and Delaware. The latter’s legislature is considering a Homeless Bill of Rights at the time of this writing.

          Florida, which a variety of reports suggest may be the #1 state in the nation in terms of its criminalization of homelessness, arguably needs to adopt such a measure for the protection of the basic human rights and dignity of homeless persons more than any other.

Proposed Bill of Rights for Florida Citizens Experiencing Homelessness

Short title. – This chapter shall be known and may be cited as the "Homeless Bill of Rights."

Legislative intent. – At the present time, many persons are enduring homelessness, that is, the lack of a permanent, nighttime residence, as a result of economic hardship, a severe shortage of safe and affordable housing, and a shrinking social safety net. It is the long-standing policy of this State that no person should suffer unnecessarily from the elements (cold, heat, rain, etc.), be deprived of food or shelter (or the basic rights incident to both), or be subject to unfair discrimination based on his or her housing status. It is the intent of this chapter to ameliorate the adverse effects visited upon families and individuals and our communities when the State’s residents lack permanent housing, and create a society where all people, regardless of their housing status, are valued and treated with dignity and respect, and their human, legal and civil rights are protected.

SECTION 1. Bill of Rights – All natural persons, female and male alike, are equal before the law and have inalienable rights, among which is the right to acquire, possess and protect property. No person's rights, privileges or access to public services may be denied or abridged solely because he or she is experiencing homeless. Every person, regardless of housing status, has the following rights:
a)      the right to housing, which is a basic human right, as stated in Article 25 of the Universal Declaration of Human Rights, which states: “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control;” thus, the State and local municipalities will take measurable steps to intervene in the housing crisis in order to provide safe, affordable emergency shelter and permanent housing for people experiencing homelessness, including for those who are extremely-low-income (ELI), and forbid discrimination against persons seeking housing because they may not have a fixed or residential mailing address or because they only have a post office box or social service agency as a mailing address;
b)      the right to equal treatment under the law by all State and municipal agencies, without discrimination on the basis of housing status, and equal protection of the laws and due process by law enforcement and prosecuting agencies;
c)      the right not to face discrimination in obtaining or maintaining employment due the lack of a permanent residence or a permanent mailing address, or because the mailing address is that of a homeless shelter, or a homeless or social services provider; 
d)     the right to personal safety, which shall include: protection from violence based upon housing status, and law enforcement’s recording and reporting of all such incidents;
e)      the right to use and move freely in public spaces, which shall include but not limited to public sidewalks, public parks, public transportation and public buildings, in the same manner as any other person and without discrimination on the basis of his or her housing status; 
f)       the right to rest or sleep in temporary shelter, such as any legally-parked motor or recreational vehicle or a self-erected shelter (e.g., a tent), on public or private property, for the purpose of immediate survival of persons, and their pets, without harassment by law enforcement officers or others, especially when there is an inadequate availability of suitable shelter and housing, and law enforcement shall give such persons fifteen (15) days’ notice, except in the case of a public health crisis or other emergency, to displace such persons from an encampment or relocate the temporary shelter(s);
g)      the right to emergency medical care, free from discrimination based on housing status; 
h)      the right to vote, register to vote, and receive documentation necessary to prove identity for voting, without discrimination due to housing status; 
i)        the right to protection of personal property, in accordance with Article 1, Section 9 of the State Constitution, which states no person shall be deprived of life, liberty or property without due process of law, which includes: 1) not having identification or personal records, especially documentation of mainstream benefits, legal proceedings and familial records, discarded or destroyed by law enforcement or others, 2) storing displaced people's belongings for 60 days without charge, and 3) the right to a reasonable expectation of privacy in his or her personal property to the same extent as personal property in a permanent residence; and,
j)        the right to give and accept food, water (or other non-alcoholic beverages) and shelter,  in public spaces or elsewhere, and to connect persons experiencing homelessness with nonprofits that would provide them with shelter or transitional housing and "wrap-around services," such as counseling, medical care and employment assistance.

SECTION 2. Basic Human Functions – All human beings, regardless of housing status, have the same basic needs to defecate, urinate, and access clean water and other living necessities. All persons, whether permanently housed or experiencing homelessness, should have the opportunity to perform these basic human functions in public locations and facilities, which includes public parks and buildings, with dignity and relative privacy under hygienic circumstances and conditions, in clean, safe, highly accessible facilities, free to all persons.

SECTION 3. Posting – A notice entitled "DECLARATION OF HOMELESS PERSON’S BILL OF RIGHTS" and containing the text in this resolution will be conspicuously posted in all public parks and on the notice boards of all municipal buildings.

SECTION 4. Application of Resolution – This resolution shall apply to county and municipal agencies and employees, including all law enforcement officers and officials, as well as private actors.

SECTION 5. Documentation of Incidents – To ensure equitable and cost­ effective enforcement of the Homeless Person’s Bill of Rights, every local law enforcement agency shall annually compile, review, and make available to any inquiring party, the number of citations, arrests, and other enforcement activities made pursuant to laws prohibiting the following:
1.          Obstructing a sidewalk, whether by a person or personal property;
2.          Loitering;
3.          Sitting;
4.          Lying down;
5.          Camping;
6.          Public lodging;
7.          Sleeping in a public place;
8.          Soliciting donations;
9.          Soliciting donations at certain restricted locations, including citing people for panhandling;
10.      Bathing in public places;
11.      Sharing or receiving food;
12.      Inhabiting or sleeping in a vehicle;
13.      Violating public park closure laws;
14.      Trespassing, unless the trespassing charge is coupled with any other misdemeanor or felony.
15.      Preparing and/or cooking food.

SECTION 6. Definition of Homeless – For the purposes of this resolution, “homeless” means lacking a fixed, regular, and adequate residence, or having a primary residence in a shelter, on the street, in a vehicle, in an enclosure or structure that is not authorized or fit for human habitation, substandard apartments, dwellings, doubled up temporarily with friends or families, staying in transitional housing programs, staying anywhere without tenancy rights, or staying with one or more children of whom they are the parent or legal guardian in a residential hotel or motel whether or not they have tenancy rights.

SECTION 7. Definition of Harassment – “Harassment” means a knowing and willful course of conduct by law enforcement, public or private security personnel, or a private citizen directed at a specific person or group of persons, especially because of their lack of housing, that a reasonable person would consider as seriously alarming, seriously annoying, seriously intimidating, seriously threatening, seriously tormenting, or seriously terrorizing a person so as to disrupt, change or alter their behavior or location.

SECTION 8. Severable – The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

    Damages and attorney's fees.  In any civil action alleging a violation of this Act, the court may award appropriate injunctive and declaratory relief, actual damages, and reasonable attorney's fees and costs to a prevailing plaintiff. 


Wednesday, July 6, 2016

Introduction

     The criminalization of homelessness, defined as the punitive social reaction to life-sustaining behaviors and activities engaged in by persons experiencing homelessness, has dramatically been on the rise across the nation for better than two decades. This regressive approach in response to burgeoning homelessness has been documented in seminal reports from the National Coalition for the Homeless, National Law Center on Homelessness and Poverty, and other regional homeless advocacy organizations. Implemented primarily via the agency of municipal government, nearly every state in the nation has seen an increase in the number of laws prohibiting life-sustaining activities like camping, sleeping in vehicles, begging/panhandling, performing bodily functions (even in the absence of public restrooms), storing personal property outdoors and, perhaps most egregiously, the sharing of food by both secular and faith-based institutions.
        In response to these oppressive measures which serve no documented function whatsoever in terms of moving society in the direction of ending homelessness, homeless persons and advocates have united to bring ‘Right-to-Rest’ or Homeless Bill of Rights legislation to their respective states. Three states now include HBoR’s among their statutes – Rhode Island, Connecticut and Illinois – while a host of others have brought forth similar proposals in recent years but have yet to see them passed: California, Washington, Colorado, Oregon, and Delaware. The latter’s legislature is considering a Homeless Bill of Rights at the time of this writing.
          Florida, which a variety of reports suggest may be the #1 state in the nation in terms of its criminalization of homelessness, arguably needs to adopt such a measure for the protection of the basic human rights and dignity of homeless persons more than any other.

The working draft which follows is being published as a tool for promoting our group’s – Florida Homelessness Action Coalition (FL-HAC) – effort to attract a wide range of support from other homeless advocacy org’s, civil social justice groups, faith-based institutions, legislative sponsors and others.  If your group wishes to formally endorse and/or help promote our effort please email Jeff Weinberger of the Fort Lauderdale-based October 22nd Alliance to End Homelessness, at browardhomeless@gmail.com; or Adam Tebrugge, Florida ACLU Staff Attorney, at atebrugge@aclufl.org.