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Demand Letter to Council to Follow the Constitution and Repeal the Survival Ban

December 20, 2019 by Jonathan Leave a Comment

December 20, 2019
Dear Denver City Council,

This letter is to demand the City of Denver follow the lead of the Supreme Court which let stand the 9th Circuit ruling find Camping Bans unconstitutional.

Monday December 16th 2019, the Supreme Court of the United States ruled that they will not review the Ninth Circuit case, Martin v. City of Boise, 902 F.3d 1031 (9th Cir. 2018), thus upholding their ruling that it is cruel and unconstitutional to punish unhoused people for resting in public when they are involuntarily in public space.
In finding Boise’s ordinances unconstitutional as applied to Robert Martin and the other plaintiffs, the Ninth Circuit reasoned that people who are involuntarily in public space cannot be punished for universal and unavoidable human conduct, such as sitting, lying down, and sleeping. As was first held in Jones v. City of Los Angeles,1 punishing conduct that is involuntary and inseparable from homeless status is akin to punishing a person simply because he or she is homeless – a cruel result that cannot be tolerated under the Eighth Amendment.
The ruling makes clear that to determine involuntary presence in public space, courts must not look merely to whether housing or temporary shelter beds are empty, but to whether they are accessible. Access to adequate shelter means that a person has actual access to shelter that meets the person’s needs, taking into consideration disability, religious belief, and other individual factors.

Denver’s “Unauthorized Camping Ban” 38-86.2, just like the Boise ban, makes it illegal to “use any form of protection from the elements other than one’s clothing.” Just as in the Boise case, Denver’s shelter beds are not accessible for countless people who are unhoused and forced to sleep outside due to a wide array of factors including but not limited to: work hours, pet policies, being ban from the shelter, more belongings than fit in the space, lottery waits, and countless more reasons. Furthermore, a shelter can only reasonably be considered accessible if the unhoused person can safely access and be in the shelter. If an individual is more safe outside than in the shelter, they cannot be forced into a shelter as a jail.

Here in Denver CO right now a municipal judge is already hearing a motion to dismiss a Camping Ban ticket issued to Jerry Burton as unconstitutional. This motion names numerous constitutional rights that are being violated by the law in addition to those named in the Boise case, including discrimination and state created danger by putting homeless people at greater risk under this law. This case will likely be appealed to higher courts and cost the City of Denver millions of dollar (that could be spent on housing) and years to defend unless you, Denver City Council, end all of this immediately by voting to repeal the camping ban.

Denver City Attorney’s Offices is quoted saying, “We believe Denver’s ordinance is carefully crafted and thoughtfully enforced.” Denver’s ordinance criminalizes the same acts as the Boise ordinance and all other similar ordinances which were found unconstitutional – so it seems Denver’s ordinance was carefully written to be unconstitutional as was the case in cities across the country. If the Denver Camping Ban is “thoughtfully enforced” it appears the thought is how police can be used most effectively to harass and terrorize suffering people, keep the homeless community trapped in homelessness, and in greater danger. Police have “thoughtfully” forced 23,674 unhoused people to “move along” for violating the Camping Ban. In Unhealthy By Design: Public Health Consequences of Denver’s Criminalization of Homelessness, the survey of almost 500 homeless people in Denver found that after Camping Ban enforcement, “Women who have found more hidden sleeping locations report a 50% higher rate of robbery, a 60% higher rate of sexual assault, and more than 3 times the rate of physical assault.” The survey also found that, “Among all those who have been instructed by police to quit using shelter from the elements, there is a 71% higher rate of frostbite, a 39% higher rate of dehydration, and twice the rate of heat stroke.”

Denver City Attorney’s Offices is also quoted saying, “Our primary focus, first and foremost, is on connecting people with services, including overnight shelter, of which there are typically a couple hundred vacant beds or mats each night.” As has already been noted, Denver shelters do not stand up to the “accessibility” test on which the 9th Circuit ruled Camping Bans unconstitutional and shelters cannot be treated as jails where unhoused people are forced. Furthermore, the claim that the camping ban connects people with services is an absolute lie. Rather the opposite, Camping Ben enforcement pushes people away from services, disconnects outreach workers from clients, and makes it harder for them to exit homelessness. In The Denver Camping Ban: A Report from the Streets, the survey of over 500 homeless people in Denver found that when contacted for the Camping Ban, “Only 12% of respondents were advised by police of available social services; 4% of respondents said the police contacted an outreach worker to help them.” Rather than being connected with services, “66% of respondents who used to sleep downtown say they now usually sleep in more hidden and unsafe locations. 20% say they more often sleep in outlying neighborhoods or in surrounding cities, and travel long distances to get there. And 73% report being turned away from shelters with some frequency.”

By not intervening in the Boise case, the Supreme Court keeps the ruling in place that these laws against public survival are unconstitutional. In order to uphold the constitution all cities, not just those in the 9th circuit, must overturn their Camping Bans.

We demand you, Denver City Council, make the righteous choice NOW and end the Camping Ban before we have to spend millions more dollars and years in courts. Follow the action from the Supreme Court (yes even this Supreme court!) and end this unconstitutional law NOW.

Read More https://www.theguardian.com/law/2019/dec/16/supreme-court-wont-revive-homeless-camping-ban

Filed Under: #right2rest, #StopTheSweeps, Denver Homeless Out Loud

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WRAP has the power of collective mobilization whil WRAP has the power of collective mobilization while remaining accountable to the realities of local communities. By bringing together some of the fiercest organizations fighting homelessness, for 21 years WRAP has developed a unique structure that combines documented street outreach, movement building, and national policy work, helping us bridge the local-national divisions that have hindered homeless organizing for the last four decades.
 #HousekeysNotSweeps #HousekeysNotHandcuffs #WeWillNotDisappear
Check out WRAP sweeps handout to learn the truth d Check out WRAP sweeps handout to learn the truth directly from the streets on the impact of sweeps! 

WRAP members continue to fight sweeps in their communities through utilizing documented street outreach to dispel stereotypes on what a “sweep” actually is. 

Sweeps fracture communities, displace people, & damage physical and mental health. 

When asked, what alternatives/services were people offered? 88% were not offered any services and 74% had all of their belongings thrown away at the sweep. Sweeps are not a solution to addressing homelessness but rather another phase in the cycle of homelessness! 

This handout is available for use! Go to bit.ly/wrapsweepszine to download. 
Learn more and connect with the nearest WRAP member and join the fight against sweeps! 

All members are tagged in the post and the list can be found on our link tree. List below:

 @coalitiononhomelessness
 @housekeysactionnetworkdenver
 @humanrighttohousingcollective
 @judismidnightdiner
 @lacanetwork_official
 @loveandjusticeinthestreets
 @unumissoula
 @streetspiritnews
Check out WRAP sweeps handout to learn the truth d Check out WRAP sweeps handout to learn the truth directly from the streets on the impact of sweeps! 

WRAP members continue to fight sweeps in their communities through utilizing documented street outreach to dispel stereotypes on what a “sweep” actually is. 

Sweeps fracture communities, displace people, & damage physical and mental health. 

When asked, what alternatives/services were people offered? 88% were not offered any services and 74% had all of their belongings thrown away at the sweep. Sweeps are not a solution to addressing homelessness but rather another phase in the cycle of homelessness! 

This handout is available for use! Go to bit.ly/wrapsweepszine to download. 
Learn more and connect with the nearest WRAP member and join the fight against sweeps! 

All members are tagged in the post and the list can be found on our link tree. List below:

 @coalitiononhomelessness
 @housekeysactionnetworkdenver
 @humanrighttohousingcollective
 @judismidnightdiner
 @lacanetwork_official
 @loveandjusticeinthestreets
 @unumissoula
 @streetspiritnews
Sweeps are a way to push people further into the m Sweeps are a way to push people further into the margins of society and out of the public eye. They are a sham response to a manufactured issue. Sweeps will never solve homelessness, instead they play into the vicious cycle of homelessness. 

Organizers keep fighting back! Our outreach to the community tells us the trends of criminalization, dehumanization, & a gap in actually moving towards viable solutions are on full display. 

Criminalization of poor and unhoused people will continue to expand so long as the reins on America’s neoliberal approach to fiscal and social policy remain untethered. 

We must seek the commonalities between our communities in order to thread the power of our organizing together! 

*Note: This is an abridged version of the full article which can be found on our blog at bit.ly/fightsweeps 

Continue to support the work of WRAP members. All members are tagged in the post and the list can be found on our link tree. List below: 

@coalitiononhomelessness
@housekeysactionnetworkdenver
@humanrighttohousingcollective
@judismidnightdiner
@lacanetwork_official
@loveandjusticeinthestreets
@unumissoula
@streetspiritnews

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For 21 years, we’ve worked alongside @lacanetwork_ For 21 years, we’ve worked alongside @lacanetwork_official and other local groups, with community outreach guiding all our campaigns. 

The #Right2Rest Bill was introduced in Colorado, Oregon, and California, and WRAP member groups in all three states built it together from the same outreach to our collective community. 

It lost nine times across those states. 

The point was never just the bill. The point was the movement behind it. #HousekeysNotSweeps #HousekeysNotHandcuffs #WeWillNotDisappear
As part of our 21st Anniversary Celebration, we ho As part of our 21st Anniversary Celebration, we hosted an IG Live conversation between Paul and General Dogon with @lacanetwork_official about why WRAP was created: the idea of building a broader network of community organizations down for the serious fight for dignity and respect for our communities. 

We know that our job as organizers is to connect accountable organizations and build power collectively, because that makes us all stronger, it makes us all smarter, and it gives us more skills. #WRAP21 #HousekeysNotSweeps #HousekeysNotHandcuffs
The systems are doing what they were built to do: The systems are doing what they were built to do: displace people, criminalize poverty, protect profit. WRAP + our members organize and fight for dignity and respect.

Every one of us has a role right now; If you have resources, you make space for the folks with time, skills, & energy to work that magic. Every dollar keeps us moving.

$21, $210, or $2,100...it all keeps WRAP + members in sync. Link in bio!
Every day we witness the criminalization of povert Every day we witness the criminalization of poverty and homelessness where local governments across the country unleash the force of the State against people forced to live in public space. Blaming unhoused people for the fact homelessness exists while they continue to ignore the devastation of public and affordable housing program for people.

Read our post to understand what sweeps are and how they’re used in the cycle of homelessness! #StopTheSweeps
San Francisco, CA. We have an abusive government! San Francisco, CA. We have an abusive government! Speak out against cuts to senior & disability programs! April 15 Join the board of supervisors' budget committee hearing to share your story! Meet at noon for an action. Hearing begins at 1:30pm Room 278
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✨Help us raise $2,100 by the end of today! 
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