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Indybay Feature
Houston's Anti-Homeless Civility Ordinance Set to Expand
On Monday May 8, The Houston City Council's Committee on Homeland Security and Public Saftey met about expanding the Civility Ordinance to new neighborhoods.
On Monday May 8, The Houston City Council's Committee on Homeland Security and Public Saftey met about expanding the Civility Ordinance (other media coverage: 1, 2) to new neighborhoods. These ordinances (past coverage: 1, 2) prohibit people from sitting or lying on sidewalks between 7 a.m. and 11 p.m, and "aggressive panhandling." Currently they are in effect downtown and midtown, and may be on the verge of expanding into Avondale, Hyde Park, and Old Sixth Ward.
In the session on Tuesday May 9, the opening prayer was dedicated to the homeless, and Randall Kallinen, the President of the Houston ACLU, and Nick Cooper spoke out against the ordinance.
For more information on the war against homelessness, see the National Coalition for the Homeless website.
For more information:
http://houston.indymedia.org/news/2006/05/...
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Like the canaries in the mineshaft, the laws which target homeless people foretell the upcoming loss of civil rights for the rest of us. When the public allows such innocent activities as sitting down, lying down (in a non-obstructive manner) or the act of falling asleep, the civil rights of us all are eroded.
When the City can censor a sign asking for food, the City is preparing the way to censor signs that criticize the government.
Constitutional law calls for content-neutral consideration of 1st amendment issues. Yet a sign forbidding asking for food is not content neutral (see Santa Cruz MC 9.10.010 section a and MC 9.10.020).
Finally, these laws are not constitutional as applied because homeless people are disproportionately targeted for enforcement. Selective enforcement is illegal under the 14th amendment's due process clause.
Evil triumphs when good people do nothing.
When the City can censor a sign asking for food, the City is preparing the way to censor signs that criticize the government.
Constitutional law calls for content-neutral consideration of 1st amendment issues. Yet a sign forbidding asking for food is not content neutral (see Santa Cruz MC 9.10.010 section a and MC 9.10.020).
Finally, these laws are not constitutional as applied because homeless people are disproportionately targeted for enforcement. Selective enforcement is illegal under the 14th amendment's due process clause.
Evil triumphs when good people do nothing.
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