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Monday, May 21, 2007

Politics The Big Letdown

Posted by Scott Moore on Mon, May 21 at 9:45 AM

This week, I called city council’s recent passing of a new sit-lie law and the extension of Portland’s Drug-Free Zones a “big letdown,” dashing the promising work they began two years ago by pulling out of the Joint Terrorism Task Force.

Here’s part of what I wrote:

Both laws are stunning examples of how easy it is for elected officials to sell out civil liberties in order to advance a perception of “safety” and “cleanliness.” Neither law does anything to address the root causes of crime or homelessness, nor do they—in reality—make the city any safer. The DFZs don’t end crack dealing; they merely shift it to other parts of town. And the sit-lie law? You’d have to be Travis Bickle to believe that downtown’s homeless population poses a safety hazard, or even a traffic hazard.

That elicited the following piece of unsigned fan mail, written by someone who apparently goes by the name “great mouth”:

Unfortunately this week’s commentary was a bit of a “Big Letdown”. You certainly make a valid point with regards to sit and lie ordinances masking the root causes of homelessness, however I vehemently disagree that such individuals should be allowed to continuously lay all over the streets in front of businesses.

Not a nuisance? Have you discussed this with any business owners, many who are withdrawing from downtown after 10-30 years in business? You state these individuals do not bother anyone. Falsehood as many are overly aggressive.

Would you be proud displaying this sort of sit and lie to visitors from other cities? It’s an eyesore. Why is it only the under 35 homeless set engages in this behavior? Your mode of thinking only encourages this behavior even more.

If I proposed individuals who think like you agree to let the sit and lie people do this in front of your home during evening hours, I’m sure you would be among the first with a complaint to city hall.

I consider my politics slightly left of middle and regretably [sic] your stance on such an issue is why so end up voting for the pathetic likes of the Bushites.

Thank you for writing in, but I’m afraid your thinking cap fell off when you started talking out of your ass. So, some clarification is in order. Peep my eloquent response after the jump.

I never said the downtown homeless population wasn't a nuisance. As with all populations, some percentage of the individuals are annoying as hell--including some of the listless, under-35 people you reference--and even the ones who keep to themselves create an unavoidable discomfort, especially for people prone to middle-class, white liberal guilt. I'm willing to believe that internal discomfort is even enough to keep some suburban shoppers from spending money downtown. In short, I know they "bother people," and never said otherwise.

But here's the thing, Mouthy: They, like everyone else, have a right to be in a public space, and you don't have a right to not be annoyed. The behavior that is being banned under sit-lie isn't criminal--yet city council has decided to criminalize it through this latest incarnation of the policy. City council's only justification for the sit-lie law is that it keeps the sidewalks clear for foot traffic (because they can't just say, "Yeah, we're doing this to placate the Portland Business Alliance, who, by the way, spends far more time lobbying city officials than any other group, chairs public safety work groups, and bankrolls every city election"). But I, for one, have never once had my path blocked by anyone sitting or lying on a sidewalk--by contrast, my ability to get to downtown businesses is constantly inhibited by all the irritating road construction currently happening there.

Clearly, the policy isn't about keeping traffic clear. What it's about, as "Great Mouth" so clearly pointed out, is keeping customers of PBA member businesses from having to see those icky homeless people. Considering Portland's looooong history of sweeping "undesirables" out to places they won't be seen, I'd like to think city council would think twice before extending policies that reinforce those tendencies. Guess I thought wrong.

And this is all not to mention the fact that a large percentage of Portland's homeless population (if not a majority) has mental health problems that are no longer being addressed by governmental agencies. Even the individuals who are strung out on drugs or alcohol have a dwindling number of places they can go for treatment due to funding cuts.

Portland's answer: Let's criminalize sitting or lying on a sidewalk. Brilliant. Thanks for being so damn progressive, city council.

Comments

Besides which, the new law says it's OK for three people to sit on the sidewalk "participating in an expressive event", but not one or two. If it's really about obstructions, one person would be less obstructive than three. And sitting quietly would be less intrusive than expressing themselves.

One of the specific things that rankles about this is that the 9th Circuit has struck down sit-lie laws when they fail to address the issue of where it is homeless people are supposed to be able to rest. The decision was that if you don't provide somewhere else for them to go, you can't also force them off the sidewalks--ie, they have to sit SOMEWHERE.

Which is why the idea emerged to tie sit-lie to the set of improvements such as benches, toilets and day-access centers. But unfortunately, the PBA is pushing to excuse the difficulty in getting THAT part of the issue together, and going ahead with the sit-lie part anyway.

(Gee, I hope no one tells the homeless people all it would seem they'd have to do is to sit together in groups of three -- obviously expressing their opposition to the sit-lie ordinance -- to be declared okey-dokey with the PBA

(Gee, I hope no one tells the homeless people all it would seem they'd have to do is to sit together in groups of three -- obviously "expressing" their opposition to the sit-lie ordinance -- to be declared okey-dokey with the PBA. Because then the sit-lie law would be pretty pointless. That's why I'm commenting in parentheses -- I didn't want the word to get out.)

A while back, a group of homeless youth in Eugene engaged in what was either an extended vigil-style protest, or just a serious bro-down for street punks. Whatever it was, they occupied the Wayne Morse Free Speech Plaza (brilliant choice of venue) to highlight the anti-homeless policies of the city government.

Ironically, the Free Speech Plaza is owned by the county (as its attached to the courthouse), so the city police didn't have jurisdiction. The combination of lack of police jurisdiction, and the fact that they would be kicking supposed protesters out of a free speech area caused the city and county governments to try some pretty amusing hijinx in an effort to expel the kids. My favorite was when they faked some sort of construction as an excuse to fence off the whole area and confiscate everyone's belongings.

Hopefully we'll see some similar hilarity from Portland Police in trying to enforce such a dubiously legal ordinance.

if it gets rid of a few of the mass amounts of drug dealers downtown/old town, BRAVO!

Hey good,

Guess what else would get rid of the mass amounts of drug dealers? Legalizing drugs.

Ritchie, is that the same as how legalizing gambling in Nevada got rid of all the casinos?

re: "(Gee, I hope no one tells the homeless people all it would seem they'd have to do is to sit together in groups of three -- obviously "expressing" their opposition to the sit-lie ordinance -- to be declared okey-dokey with the PBA. Because then the sit-lie law would be pretty pointless.)"

I've heard rumors that something like that might happen—someone needs to make sit-lie "protest" buttons for all homeless folks (and their supporters) to wear, so they become a demonstration against the sit-lie whenever they sit in groups of three.

Ritchie, is that the same as how legalizing gambling in Nevada got rid of all the casinos?

Well, gambling is now regulated and taxed in Nevada, and Las Vegas has become a desert version of Disneyland...

Scott: yes, but legalizing gambling didn't get rid of gambling purveyors. Similarly, it's daft to assert that legalizing drugs "would get rid of the mass amounts of drug dealers." It would merely legalize them, perhaps regulating and taxing them (since there's no one legalization proposal we're talking about), but certainly not getting rid of them.

It would get rid of the mass amounts of dealers on the street. Which is what good was looking for, right?

What Scott said.

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