AUSTIN ADVOCATE

Sleeping Is Not a Crime in Austin
By Clif Taylor

On September 28, 2000, the Austin City Council struck the words “sleeping” or “making preparations to sleep including the laying down of bedding” from the City’s “No Camping” Ordinance. This action came on the heels of Magistrate Jim Coronado’s ruling that one cannot criminalize sleeping. This followed 4 years of intense pressure by House the Homeless, Inc. seeking relief from the ordinance.

After receiving notice that tickets were still being issued to individuals who were not camping but merely sleeping, Richard Troxell(Director of Legal Aid for the Homeless, and President of House the Homeless, Inc.) became concerned. Under the Open Records Act, he requested a copy of all “no camping” tickets issued since the ordinance was amended by City Council following the judges ruling.

Out of 453 tickets made available, Troxell found 195 tickets charging a violation of “camping in public area” where different police officers wrote things like “sleeping on cardboard,” or “sleeping and using backpack as pillow.” The Austin American Statesman conducted its own independent investigation and found a similar pattern of abuse where tickets were issued for camping when people were merely sleeping. Furthermore, most of the tickets contained the word “transient” in the mailing address instead of addresses like the Austin Resource Center for the Homeless or the Salvation Army where individuals can receive mail. Each violation can carry a fine of $200. If the charged individual fails to show up at court; jail time can result. In addition to going to jail, individuals can theoretically be denied access to housing by the Austin Housing Authority for up to ten years because of having a “criminal record.”

Last September, House the Homeless, Inc. held a meeting where 45 homeless people discussed the issue. After the meeting, they reduced their concerns to writing and delivered it to the City of Austin. Specifically, they called for suspension in the issuance of all “no camping’ tickets where people are merely sleeping; a letter to be issued by the police stating that sleeping is legal anywhere in the City of Austin other than in a park after curfew or unless it blocks a passageway or on private property without permission; and the retraining of police officers about the legality of sleeping and the associated issuance of tickets with the use of the word “transient” and the routine failure to properly note a mailing address on the tickets.

In early October 2002, writing on behalf of police Chief Stan Knee, Assistant Chief Jim Fealy wrote that the City of Austin Police department is preparing to reeducate its officers regarding the “no camping” ordinance and enforcement policy; will make it clear to officers that “sleeping” is not in violation of the ordinance; is preparing to make a short training film designed to ensure that officers understand the ordinance; and recognizes that utilizing mailing address such as the Salvation Army, the ARCH, etc., would assist the formal communications between homeless citizens and the police and court system.

A few days later, the Senior Chief of the City of Austin Law Department wrote, “If a case is filed that only refers to sleeping, without sufficient evidence to support a conviction for camping, then the citation would be dismissed.” Similarly, John Wall the chief prosecutor for the Downtown Austin Community Court, said that the city refuses to prosecute 95 % of the citations that he sees because prosecutors and police officers have not offered sufficient legal justification for writing them. “I expect the officers to know what the law is,” Wall said, “‘Sleeping on bench’ and ‘bed mat’ do not constitute camping.”

Troxell says that the ordinance is unconstitutional and “its just bad social policy.” He questions how you can ticket someone for sleeping in public when there aren’t any alternatives. Troxell points out that there aren’t an adequate number of shelter beds and minimum wages of $5.15 per hour don’t afford anyone enough money to rent an apartment under their own initiative.

The success of this defense resulted from the combined efforts of House the Homeless and Texas Rural Legal Aid. Richard Troxell, Director of Legal Aid for the Homeless (an outreach Project of Texas Rural Legal Aid) and President of House the Homeless, Inc. and the National Chairman for the Universal Living Wage Campaign (www.UniversalLivingWage.org) provided the information in this article.

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Better Living Through Homelessness
By Coq A Pelli

INTRODUCTION

I recently had a conversation in a coffee shop with two other folk. One was the barista, the other a fellow customer with whom the barista seemed reasonably well acquainted. This conversation took place at four in the morning, while I was in the coffee shop in question to get out of a torrential downpour.

The conversation centered on the nature of art, as we all were, in our own minds, artists (the barista being a musician, the other patron a comic, and myself a writer). The question that defined the conversation was, ‘ which came first- the art, or the artist?’

The barista held forth that art exists of and for itself - that artists are ever seeking it, to bring it into their awareness and mold it to their will. That art is itself a substance beyond their will. I took the stand that art is craft of human hands, which, when shared has an emotional effect on observers other than the craftsman. The comic didn’t really take either of those sides, instead he focused on the thought of the artist inviolate - laboring without hope of recognition to make palpable their unique knowledge of self.

I bring this conversation up because I have recently been pondering, ‘ which came first- the homes, or the homeless? ‘

Is the home something that exists with or without our seeking it? A force of nature, the very stage upon which our odd little drama is played out? Is the home a thing that only exists by the sharing of shelter & hearth by folk? Or is the home something we each individually generate of our own desire to understand our own natures?

Maybe none of these definitions are accurate. Maybe that’s why our cultural commentators call it the “ problem of homelessness “, because a practical & useful definition of homelessness doesn’t exist.

Personally I raise these questions because I have myself experienced this thing called homelessness, though I prefer to refer to it as an addiction to nomadism. In the classic twelve step sort of process, I am going to try to face this situation by making an honest and searching moral inventory. This Inventory will be composed in a pattern of alternating macro- and micro- cosmic views of the issue at hand.

To say this metaphorically: if all these words are but leaves in a forest where the trees are the pastimes of folk, then I will be climbing the tall trees to look out over the forest. Upon descent, I will build a fire from those dead branches dislodged in my climb. The fire will boil water, and in that water will steep the fruits and leaves of this flora of thoughts - which I will share with you as we stand by this hearth to share warmth and understanding.

Understanding how to achieve, ‘better living through homelessness’.

PART THE FIRST :
THE PRIMORDIAL SAVAGE

From the highest branch I have yet climbed (which is off the trunk of a mighty cedar we commonly call 2003) I look back at history as recorded by the hands of humanity.

The earliest root of known writing is at the delta of the Mesopotamian river valley, where the rivers Tigris and Euphrates run their courses. Here, ten millennia ago stood a city called UR. In Ur their was recorded the story of how their king Gilgamesh befriended a Man named Enkidu.

Enkidu was what many would call a ‘savage’ when Gilgamesh first heard of him. He lived naked and wild in the forests. As the first recorded animal rights activist he came to the attention of the king due to the complaints of hunters whose snares and traps he had undone to protect his friends the animals.

Gilgamesh and Enkidu became fast friends once Gilgamesh shared the fruits of domesticity - wine, women, and song - and the food, OH the Food! Enkidu was a primitive scavenger type, accustomed to a life of constant motion and peril. This ancient method benefited Enkidu in providing him with incredible strength and agility.

Nonetheless, it is also a life of great privations. On the other hand, the lifestyle of a farming community includes a great variety of foods - and UR was a great marketplace - the groceries of a dozen communities mingled at Her docks. Enkidu was joyously overwhelmed - but eventually he longed for his former life of simple carefree wandering. When he tried to return, he found he had lost the knack of his old way of living.

It is at this point that Enkidu becomes homeless. In Enkidu’s experience, Gilgamesh takes him out of his communion with nature, introduces him (with wild dramatic and comedic affect) to city life, brings him with him on dangerous adventures and in the end, attempts to raise Enkidu from the dead (which effort only succeeds in annoying Enkidu’s spirit). Throughout this process, it is never a specific building or set of surroundings that makes Enkidu comfortable - he eventually adapts to each setting he is in. For him a lack of shelter cannot happen - he sheltered by his skin and his wits. In fact, it is the experience of living indoors and being part of human society that disorients & eventually becomes the incubator of brooding attitudes and depression.

When Enkidu realizes he is cut off from his old way of life (the animals fear and flee from him after he loses his virginity) he gives his heart in brotherhood to Gilgamesh. Then his natural instincts kick in and begins adapting. In his case, “home is where the heart is”.

It is in a quest to find towering cedars to cut down and build a door for Gilgamesh’s home that Enkidu’s life in the body ends. He is slain by giant half tree/half man creature named Humbaba for attempting to take the trees by force and destruction from their natural place. Then and there, in death, Enkidu is finally at home again. When Gilgamesh begs his ghost to aid him further, Enkidu denies him, wishing only to rest.

After defeating Humbaba, Gilgamesh felled the trees himself, and so to this cedar I am perched in shall fall. The sound of its crashing to the forest floor is a question,” which came first, homes or homelessness?” Enkidu was at home when he interacted with those he chose to love. Though he suffered bouts of ‘homesickness’, he longed to be in his former environment only until he decided to love the new one.

Was his life improved by these moments of ‘homesickness’ - the physical evidence of his ‘homelessness’? In each changed situation he learned more of the beauty and splendor of life. Somewhere in the wreckage of the plundering of the forest by Gilgamesh and his pragmatic ilk there resounds still the echo of our moral, our cadence, our purpose for these words. I don’t know if you or I can help each other understand homelessness, or how to live better. This dilemma is as old as society itself.

Please join us for Part Two of this series in the April, 2003 issue.

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Jury trial, for what?
By Douglas W. Crawford

The story is that not for the first time a homeless camper, Mr. Ronald Cummings, is being given his chance to defend himself in a court of law.Several other times a court of law has been brought to the brink of going to a jury trial for such reasons. However, the pre-court hearings have usully dismissed the cases before they made it that far. On February 27th, 2003, a court case for a camping citation will be contested in front of a jury.

To me, this seems to be a little extreme to say the least. Why is it the city of Austin, Texas, and the citizens that support the decisions made by the elected officials of the city council are not able to see what is really happening here. We are wasting valuable monies on ridiculous pursuits. All of this because we are too prideful to admit that we made a mistake.

The basic needs of humanity are at stake here. As the homeless are allowed to live in and around the city of Austin, Texas, we are discriminated against and refused the right to erect temporary dwellings in order to provide for our basic needs.

These are needs of shelter. Take a look at the city’s decision to ignore the students who erect tents in front of the Frank Erwin center in order to be first in line to get tickets to the Texas vs. Oklahoma basketball game on a recent Monday night.

They lined up on Sunday afternoon and started erecting their tents. Did they receive citations for their illegal actions? To the best of my knowledge they did not. Now to me that seems like a clear case of discrimination or in other words looking the other way. O.k. let’s look the other way for students to get good seats to a very popular game but lets go harass the homeless for seeking shelter from the cold, wet weather - or from the mosquitoes and other detrimental environmental hazards of living on the streets of a major Texas metropolitan area.

As the words of one of the Hill Country citizens who I ran into on the bus so righteously said and I quote Mr. Garth Masters who is a Capital Metro bus operator. “ The law should make sense...I think it’s a waste of resources...there ought to be provisions for situations...the law should not work against those who are trying to provide for their basic needs!” This bus operator over heard me as I was discussing the up-coming trial on his ‘Dillo shuttle and could not resist making a very intellectual and honest comment that he very well felt needed attention.

Thank you, Mr. Masters. The truth is that the city council needs to re-evaluate their decision on the camping issue and repeal the city ordinance. There ought to be a way to resolve this and stop the stupidity. There is no other reason for this other than it is ridiculous and unfair. It is a waste of taxpayer monies and is a tool that is abused by some in a position to abuse it. Not all are at fault here but there are those that are and they know who they are. Stop it now and repeal before it goes any further. We are not amused at your silly, prideful attitudes and wasteful ways. Get with the times and be a part of the solution, not a part of the problem.

I personally invite one or more city council members to step up and take the credit for doing the right thing. Come on, some one be the Hero!!!

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A.P.D. Let's Play Baseball
By Danny "Doc" Barrow

Roll up your windows, lock your doors and reel-in tha children! Sound familiar? Sure does ta me. That’s tha way I used to react when I saw homeless people askin’ for a handout. I now know exactly how that feels. Still don’t respect an aggressive beggar or those scam artists that seem to be everywhere. Guess that’s why I chose ta vend this here newspaper instead of “flyin’ a sign” and givin’ nothin’ back ‘cept makin’ people feel good ‘bout themselves for havin’ helped ya out.

I take great pride in my work. Vendin’, writin’ and bein’ involved with this Homeless Media Project has helped me get my self-esteem back. I also see this happenin’ with many of tha other vendors. Tha ones who are patient and give this paper a chance will most likely find out things ‘bout themselves they never or jus’ forgot. Self-esteem is a kinda funny thing. Lower it is, tha lower ya can go. Tha higher it is, tha possibilities are endless.

Now, bein’ a vendor is not as easy a job that ya mite think. We get it from all sides. Between all tha other vendors, “flyers”, bucket-heads, aggressive panhandlers, a few rude citizens and tha “bad hair day cops”, it can be hard ta make a buck. But of all these things, dealin’ with some “bad hair day cops” is tha toughest.
Many housing-impaired persons (our vendors included) are ticketed, jailed or harassed on a regular basis. One of our vendors has been given at least a dozen bogus citations in less than a year. Tha charges, for tha accused, range from aggressive panhandlin’, pedestrian in or on tha roadway, criminal tresspassin’, campin’, interferin’ with public duties (my personal favorite), J-walkin’ (“Hey, look...it’s Barney Fife!”) ta jus’ ‘bout anythin’ they can think of.

Now, I’m not sayin’ that these are necessarily bad cops. But their biases and prejudices are definitely showin’ and I’m not sayin’ that all cops are like these few “bad hair day cops”. For every bad incident I’ve ever had, I can think of at least twenty good ones.

On January 20th, I was workin’ on an island at 5th and Lamar. An area Police Supervisor pulled-up and motioned for me ta come there. As I’m walkin’ towards tha officer, he said, “Doc...Doc...Doc...You of all people should know better!” “You know I don’t allow anyone on that medium.”

Now I’m thinkin’ he mus’ mean the roadway divider otherwise known as a median. I responded, “Yes sir.”

“Let me see your ID,” he said.

“Here ya go.”

“An actual drivers license!” he said. Yada...yada...”Only your safety...” yada... yada...

“Here...yada...license and ticket.” Yada...yada... “I read that paper you gave to me. There is nothing in it,” he said with a grin.
That really hurt ‘cuz he knows I’m one of tha writers. I started tryin’ ta tell him ‘bout how special this paper was, but it was fallin’ on deaf ears.

“Anything else,” he said.

“No sir,” I responded.

“Stay off that island or next time your going to jail,” he said

I said, “Yes sir.”

Walkin’ down tha street I put my glasses on ta look at tha ticket. After I read it, it got me ta thinkin’, “So, ya read tha paper that I gave ya. Said ta me thars’ nothin’ in it. Well, jus’ maybe I’ll give ya somethin’ a lil’ more interestin’ ta read next issue.”

I would like ta draw your attention to tha duplicate of tha actual “Misdemeanor Citation” given ta me by tha kind officer. Notice how he wrote tha word “Homeless” in tha space provided for “Residence/Address”. Yet there is an address on my DL that he was lookin’ at that reads “400 Nueces” which is considered to be my current address. Two lines below is a space provided for “Employer/Business Name” and “Occupation”. Should have read “Self-employed/Austin Advocate newspaper”, and “Writer/ Vendor/ Vendor Coordinator/ Vice-President of Homeless Media Project”. Guess tha officer doesn’t recognize what I do as a job. Also, my business address is 200 E. 8th Street and business phone number is (512) 457-0702. He was given all of this information, yet chose ta write tha word “None” in tha spaces provided. Maybe he was tryin’ ta make me look like someone who never works. Actually I work every day. Jus’ don’t get paid a lotta money - jus’ enough ta survive.

On a spiritual level though, this job is tha greatest. Workin’ with all tha people associated with this project has been enjoyable. Tha customers are really cool. Tha children’s eyes that I see lookin’ at tha bright neon colors on my shield. Had one little girl ‘bout 5 or 6 yrs. old tell her mommy, “Wish we could buy him a home.” I tol’ tha young-un, “I have a home sweetheart. Its jus’ spelled different. T...E...N...T.” She could spell ‘cuz she giggled. I’ll always cherish those positive moments in life.

Anyway, guess I’d better get ta tha point. We have a baseball team. Some of ya officers could use some “Homeless 101” and quite a few of us could use some “Cops 101”. Let’s get together and play a game of baseball. Learn to communicate better with one another. Lets see if we can’t work together by holdin’ a cooperative fun(d)raisin’ game of baseball. This is tha fourth time I/we have challenged A.P.D. to a game of baseball.

We await your answer. docbarrow@yahoo.com

Well, guess that’s it for me this issue. Thanx for all tha encouragement. And as always, Vaya con Dios. Go with God.

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Nickel and Dimed: On Not Getting By in America by Barbara Ehrenreich
Book review by Billy Menz

My admiration of Barbara Ehrenreich developed from years of reading The Progressive magazine. Her articles pose issues under the radar of the mainstream media yet concern many common Americans. In journalism terms she is a muckraker. Muckraking is defined as the search to expose political or commercial corruption. Many more journalists were of this genre before corporations began telling reporters what to report, and more importantly, what not to report. Ehrenreich attempts to write for the underprivileged, disenfranchised and neglected citizens of our country.

Ehrenreich’s new book, Nickel and Dimed: On Not Getting By In America, solidifies her place as one of America’s top journalists and takes her muckraking style to a new level. Working undercover as a low-wage worker, Ehrenreich exposes the inequalities of America’s many not so sought after professions. Simply trying to make ends meet on a low-wage job, she worked in three cities: Portland, Maine; Minneapolis, Minnesota and Key West, Florida. She quickly discovered what many Americans already know—one job is not enough. Working as a diner waitress, a hotel housekeeper and a Wal-Mart drone, she experienced firsthand the inequalities our country’s labor system. The book discusses the issues that many Americans don’t understand about work in America. Particularly captivating were her tales of Wal-Mart, America’s largest retailer and union censure.

The book’s appeal stems from Ehrenreich’s uncommon look at low-wage America. Interviews and memoirs from low-wage workers can offer a picture of the poor, but nothing replaces hands-on, first-person experience of low wage work. Both her background as an educated journalist of the middle class and her ability to adapt socially and culturally bring out a humor, wit and realism that keeps the book moving for the reader. Considering Ehrenreich was on assignment for this book and her checkbook has been helped since its publishing, her motives for writing this book were far from altruistic. Still, her commitment to integrity and true investigative journalism leaves the reader with a new respect for the writer and the profession of journalism.

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Caveman Ethics
By Tumen Soliz

The self-proclaimed leaders of the free world need to think and act in humanistic terms. On the question of electricity (December 2002), I believe that North Korea would gladly give up nuclear power as would anyone in exchange for reasonably priced renewable energy technology.

Until a practical plan that protects the worker as well as the environment is offered, renewable energy will largely remain ideological. Until the business community admits that materialism is stifling true spiritualism, the business community will meet resistance. Financial carnivores and American arrogance are bringing international conflict home. The financial allure that temps spiritually devoid individuals to come to the United States is exported to other ruthless so-called leaders. Today the report is that young people in China think Christmas is chic, it’s international, it’s party time. In Bethlehem it is a war zone. Why does it take a hunger strike against the neo-capitalist Russian machine for Siberian Air Traffic Controllers to get a raise? Should we consider the Iraqi wargames the neo-Olympics?

Having been at the forefront of innovation, America is in danger of being relegated to the corner. Individuals concerned with self-enrichment claim compassion and hide behind religion. They confuse rhetoric with reality. Stealing Earth’s resources in the name of progress and allowing Earth’s indiginous people to suffer are Neanderthal efforts. Those same individuals are ready to demonize anyone who questions their misguided authority.

The human experience has taught self-preservation well; now we must learn mass preservation. Conservative eyes must not be blinded by profits over people. My friend McGee’s English nephew says, “A liberal is someone who cares intensely about justice and injustice.” Conservative eyes must see clearly that demonizing ideas will never generate positive changes for a peaceful future—clean environment and sanitary conditions for all people.

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