Original Post Date
2001-11-20 12:00 AM
Original Body
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pby Liam Holt/p
p On Thursday 27th, September 2001, an Ordinance tobr /
amend Public Works Code 1407-1415 was debated by thebr /
Rules Committee - a board consisting of Supervisorsbr /
Tony Hall, Matt Gonzalez and President Tom Ammiano.br /
This was the third in a series of meetings discussingbr /
new municipal legislation proposed by President Tombr /
Ammiano which would require that twenty four hourbr /
notice be provided before the removal of unattendedbr /
personal property. This legislation is being foughtbr /
for by homeless people and their advocates to protectbr /
the basic civil liberties of those living on thebr /
streets. /p
pThe basis of the legislation is the humanbr /
right to own personal property. The legislation hasbr /
become embroiled in many issues and has highlightedbr /
many conflicts in the city. The concerns voiced by thebr /
Parks Authority and Department of Public Works (DPW)br /
pertained, for the most part, to the increasedbr /
workload they would shoulder and the possiblebr /
ambiguities that the legislation might cause./p
pReferring to the previous two meetings, Supervisorbr /
Gonzalez, who chaired the board, prefaced thebr /
discourse by stating, “I think that the way that thisbr /
whole discussion is being framed is losing sight ofbr /
why people are compelled to do this. If many rulesbr /
which exist were implemented properly, then there wouldbr /
not necessarily be a need for this legislation.br /
Unfortunately, the reality, when seeing the videobr /
tapes which show what happens when there are encountersbr /
between the DPW, police and the homeless isbr /
disturbing.”/p
p The concerns of the Park Department are chieflybr /
that the legislation would contradict existingbr /
anti-encampment laws. The department continues to pushbr /
for amendments to exempt parks from the notificationbr /
requirement citing a lack of resources to do so.br /
However, John Viola of the Coalition for the Homelessbr /
makes the point that, “It is important to recognizebr /
that this is a statute about people’s basic rights.br /
[Concerns regarding work burden] may not be the mostbr /
appropriate way to look at this legislation.” /p
p Indeed, if departments are not able to consider these rightsbr /
with current staffing and procedures then thatbr /
situation urgently needs to be examined. The samebr /
necessity to reevaluate the importance of civilbr /
liberties also applies to similar concerns from thebr /
DPW regarding the feasibility of giving individualbr /
notice. The discussion needs to be brought back, firstbr /
and foremost, to those basic rights that must bebr /
considered. /p
pThe DPW head, Ed Lee, did suggest positive action.br /
Speaking of collaborative and rehabilitativebr /
initiatives, Mr. Lee said, “We have put brooms in thebr /
hands of people in Caesar Chavez and have seenbr /
results.” Referring to an initiative to encouragebr /
collaboration rather than conflict at clean-ups in thebr /
area, he rightly highlights the efficacy of suchbr /
shifts of attitude. He continued, “We have contractsbr /
with the San Francisco League of Urban Gardeners; itbr /
is their business to encourage homeless to build jobbr /
skills and help us clean streets during hours when webr /
cannot. We are very committed to going further in thatbr /
direction. Obviously not everyone can do that, but forbr /
those that are capable and willing we will encouragebr /
that.”/p
p Those advocating the legislation (including thebr /
Coalition for the Homeless, POOR news, and homelessbr /
people) cite, above all, the need to protect thebr /
homeless, a vulnerable population who are alreadybr /
massively disadvantaged by their situation. Kathleenbr /
Gray, a homeless woman and member of the coalitionbr /
pointed to the inefficiencies and dangers of currentbr /
practices. “When you have systems which givebr /
people blankets and medicines,” she said, “then turn around andbr /
take them away, [it] is not only wasteful of resourcesbr /
it is also very debilitating.” (See “Where’s Mybr /
Stuff?” by Clive Whistle, POOR News Network, 7/10/01)/p
pGray emphasised, "This legislation is aboutbr /
permitting people to own things, to accumulate things,br /
to go beyond just collecting bottles in a cart, tobr /
have some nice clothes to enable to them to work abr /
job.” She makes an important point about the currentbr /
vicious cycle: Even if a homeless person can work,br /
they cannot guarantee the safety of their possessions,br /
they cannot save or accumulate property in order tobr /
better their situation. She continued, “This is aboutbr /
people’s right to own property. [That right] is selfbr /
empowering, and those who are self empowered improvebr /
their lives. When their lives are improved, thebr /
neighborhood is improved.” /p
p Ms. Gray referred to earlier comments by members ofbr /
the 7th Street Commercial Association (SSCA) andbr /
residents of the Potrero Hill area. The feeling frombr /
these groups was that this legislation would makebr /
their lives and business more difficult by augmentingbr /
the accumulation of trash in those areas. The debatebr /
has evoked strong feelings in many, some based onbr /
perceptions which the homeless community is constantlybr /
battling. /p
pMaurine Sullivan of the SSCA implored, “Webr /
are very concerned about this. To do an ordinance likebr /
this would really cripple all of us who live and workbr /
there. There was a cart in our driveway with brokenbr /
bottles and syringe needles; it was terrible. I ambr /
upset with that. The kids have a bad problem. We havebr /
to escort employees after dark. We know thebr /
statistics, we know [that some] are felons, we [alsobr /
realise] that there are those who are mentally ill whobr /
seriously need our help. You have got to help us. Webr /
cannot be going through human excrement all the time.”/p
pSullivan voices the erroneous fears shared by manybr /
residents and business owners: that this legislationbr /
will worsen these problems by hampering the police andbr /
DPW in their work. The legislation does not intend tobr /
do so. The language clearly accommodates the necessitybr /
to remove articles posing a health risk (i.e. syringesbr /
and broken glass) and the retrieval of stolen propertybr /
(the abandoned shopping carts which are repeatedlybr /
cited as cluttering large areas). /p
pSupervisor Gonzalez attempted tobr /
assuage Sullivan’s fears about the “felons.” Speaking frombr /
his experience as a public defendant he contested, “I think when you’re speaking about felons,br /
there is a huge difference betweens felons who havebr /
engaged in violent activities and those who havebr /
become felons due to very minor [infringements]. I canbr /
assure you that you would not be scared of [thebr /
majority of felons], and the ones that you would bebr /
sc
/ppared of are in the state prison.”br /
Ms. Sullivan’s comments further highlighted thebr /
need for this legislation as she asserted, “Abr /
very small percentage of people have personal propertybr /
in carts, they have all manner of objects that theybr /
have gathered from goodness knows where, they are notbr /
personal items.” This one sentence is justificationbr /
enough for the legislation. Ms. Sullivan, the DPW, and thebr /
police are not in any position to determine what mightbr /
be useful to a homeless person or what might be valuedbr /
personal property. Ifbr /
individuals are notified that their belongings will bebr /
removed if not claimed, they will make that judgmentbr /
call; they are the only ones who can and they are thebr /
only ones who have a right to./p
pThe concerns of the affected departments, worriedbr /
residents and business people are currently based uponbr /
conjecture. The reality is that the homeless arebr /
currently vulnerable; their lives are at risk. If thisbr /
small piece of legislation can help then it should bebr /
accepted, it should be given a chance. As Supervisorbr /
Gonzalez points out, the Sunset provision will providebr /
monitoring of the of the legislation. Post-br /
implementation it will determine its effects ˆ”bothbr /
positive and negative” and will make sure that it isbr /
effective in its goals. If problems determine thebr /
necessity, the board may modify the language of thebr /
ordinance to facilitate the well-being of all. Whatbr /
should not be confused is the legislation’s intent./p
p During the course of discussion, Supervisors Tonybr /
Hall and Matt Gonzalez and others have reiterated manybr /
times that it is not only the city that will removebr /
unattended property. When homeless people are forcedbr /
to leave property unguarded, “whether it be to work abr /
job, to go to hospital, because they are arrested orbr /
just because they must use the bathroom,” thatbr /
property may be stolen or removed by those notbr /
authorized to do so. The point has been repeatedlybr /
made that the ordinance in question only goes a verybr /
small way towards providing security for homelessbr /
people. Their property can only be secured if betterbr /
facilities are provided- that is, storage lockers.br /
This legislation is only a first step, a very basicbr /
protection of the civil liberties of the homeless. /p
pThe storage issue was expanded upon in Thursday’sbr /
meeting by George Smith of the Mayor’s Office on thebr /
Homeless. Mr. Smith outlined that there are threebr /
storage facilities currently in operation: 219 lockersbr /
at South Beach Resource Center, 100 at Bayview Hopebr /
Center, and a center serving 375 low-income andbr /
homeless people at 150 Otis street, a total of aroundbr /
700 storage units. Mr. Smith said his office wasbr /
exploring possibilities to expand, mentioning thebr /
use of shipping containers and the creation ofbr /
self-storage sites along the lines of systems inbr /
operation at airports. Mr. Smith said that he had madebr /
a recommendation to the Mayor to convene a meeting. Hebr /
suggested that this meeting would consist of abr /
dialogue around the storage issues and requested helpbr /
from advocates and interested parties. It is verybr /
clear that providing safe storage is the essentialbr /
next step, all parties agree on this. /p
pIt has been pointed out that many interested partiesbr /
may be precluded from this discussion due to the factbr /
that the board meets on a nine to five schedule. Ifbr /
you are unable to attend meetings because you arebr /
unavailable at these times, your comments can bebr /
directed to board by mail. Write to:/p
pCity Hallbr /br /
1 Dr. Carlton B. Goodlet Place Room 244br /br /
San Francisco, CAbr /br /
94102/p
pAlso, all video taped meetings can be observed remotelybr /
on Channel 26 or at a href="http://www.ci.sf.ca.us/" title="www.ci.sf.ca.us/"www.ci.sf.ca.us//a. Video tapes ofbr /
meetings may be requested from the main offices of thebr /
public library, where they are stored for up to 30 daysbr /
after the meeting. To order video tape copies or tobr /
enquire about the scheduling of meetings call (415)br /
557-4293.br /
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