When penalties for laying down bedding on state property are greater than or equal to penalties for assault, driving under the influence...our criminal justice system is not upholding justice — it is creating criminals.

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Many thanks to friend and colleague Lindsey Krinks for a well constructed and thoughtful opinion on HB 2638/SB 2508.  This law was clearly constructed and enacted to thwart the efforts of community members who, sick of being powerless in a government that is supposedly "governed" by "We the People," stood together and demanded accountability and responsibility from their legislators and policy makers.

However, with this new legislation in effect, police and community "leaders" have yet another way in which to criminalize the behavior of those who are simply trying to find a place to lay their heads at night without fear of attack or exposure to the natural elements.  This law will have serious repercussions across the state, and you can believe that it will be used with scalpel-like precision against those experiencing homelessness to persecute them further in the hopes of either driving them farther out of the city or locking them up; either way reducing the perception of homelessness upon our city streets.

This "band aid" solution, crafted as a knee jerk response to rid the glaring spotlight shined by Occupiers onto the reality of the poverty they experience as a direct result of the mismanagement, complicity, ignorance and arrogance by government officials on both sides of the aisle, will suffer from the law of unintended consequences.  As these results begin to materialize, anyone who has suffered a conviction for "sleeping" on state property (the absurdity of this is beyond comprehension) will find the path off the street that much more difficult, now saddled with a misdemeanor.

In a city continually touted as the Buckle of the Bible Belt, there appears to be some mighty unchristianlike behavior happening at the hands of local legislators and public servants.

Kudos to Governor Haslam, who this morning stated that he wanted police to act only in "flagrant violations" of the law.  Unfortunately, one thing I've learned about police is that when they are given an inch, they often take a mile, and become very creative in how they interpret the laws. While many police act honorably and compassionately when conditions warrant, many also do not.  Those cops are the ones I'm most concerned with as they patrol with yet another way to harass and badger those least able to defend themselves against police misconduct.

I hope that state legislators recognize the error of their ways, but it's always easier to put a law on the books than to remove one.  I'm afraid the stage has been set, time will tell how the actors will interpret their new lines...

New legislation criminalizes homelessness

1:19 AM, Mar. 12, 2012 

Written by

Lindsey Krinks

On March 2, Gov. Bill Haslam signed HB 2638/SB 2508 into law, making camping, sleeping and cooking on state property a Class A misdemeanor punishable by up to 11 months and 29 days in jail and a $2,500 fine. While this law was targeted at Occupy Nashville, it has devastating consequences for our unhoused neighbors — the thousands of men, women and children across Tennessee who are left to live and die on our streets.

Many are unable to find refuge because on any given night, there are not enough shelter beds or affordable housing units to accommodate everyone in need. They have nowhere else to go but the streets and public spaces, yet this law further victimizes them for doing so. With the passage of this law, the state of Tennessee is criminalizing the right to exist as a human being.  This law is not only unconstitutional and disproportionate — it is morally unacceptable.

When penalties for laying down bedding on state property are greater than or equal to penalties for assault, driving under the influence, trespassing on private property, destruction of private property, leaving the scene of an accident, shoplifting, reckless driving and many other crimes that have real victims, our criminal justice system is not upholding justice — it is creating criminals.

We stand with the American Bar Association, the National Law Center on Homelessness & Poverty, the Interagency Council on Homelessness, the National Coalition for the Homeless, National Health Care for the Homeless, the Western Regional Advocacy Project and many others who oppose the enactment of laws that punish people experiencing homelessness for carrying out non-criminal life-sustaining acts in public spaces like sleeping, eating or camping when no alternative private spaces are available.

 Instead of criminalizing homelessness, local governments and law enforcement officials should work with service providers, advocates and those who are unhoused to prevent, lessen and end homelessness. To address street homelessness, our state should dedicate more resources to creating more affordable housing, permanent supportive housing, emergency shelters, outreach programs and mental health and addiction services.

Homelessness and human suffering cannot be swept under the rug with legislation. We cannot lock people away — out of sight, out of mind — and declare success. Criminalization is not the answer.

We, the undersigned, call for this law to be repealed immediately before it has a chilling effect on our most vulnerable citizens and creates a greater cost burden on our local governments:
Charles Strobel; John Lozier, National Health Care for the Homeless; the Rev. Don Beisswenger; Lindsey Krinks, Autumn Dennis, Lauren Plummer, Jennifer Ward and Ingrid McIntyre, all of Open Table Nashville; Andrew Krinks, The Contributor; Father Bill Dennler; Bill Friskics-Warren, United Neighborhood Health Services; Rusty Lawrence, Urban Housing Solutions; Laurie Green, Southern Alliance for People & Animal Welfare; Dr. Beth Shinn, Vanderbilt University; Paul Boden, Western Regional Advocacy Project; Steve Reiter, Committee on Police/Homeless Issues; Darria Hudson, Matt Frierdich and Greg Gardener, all of Vanderbilt Divinity School; Brett Flener, Lipscomb’s Institute for Law, Justice, and Society; Katie Knies, Vanderbilt University Law School; Clemmie Greenlee, Nashville Peacemakers; Matt Preston, Urban Housing Solutions; Jeannie Alexander; Randy Goodman; Keith Caldwell; Megan Macaraeg; Ben Morton; Sarah Wilson; David Wilson; Michael Custer; Alesandra Bellos; Rachel Davies; Darlene Neal; Dr. Dana Carpenter, Preston Shipp, Megan Inman, De’Yuna Bailey, Michelle Sanchez, Andrea E. Yancey, Sequina Caro, Jill Schiely, Kayleigh Butterfield, Eric Heath, Tyler M. Conger, Timothy Wills and Tim Talley, all of Lipscomb University; Cecil Burnley, Michael Mooney and Grant Winter, all of Lipscomb University and Room in the Inn.