Hate Crimes Follow Local Laws That Criminalize Homelessness

When cities and towns enact laws that prohibit loitering, panhandling, camping, eating in public or otherwise make it a crime to be homeless, the justification is often that public safety benefits.

As it turns out, violent crimes against homeless people are more common in areas that criminalize homelessness. A study (pdf) conducted by the National Coalition for the Homeless found that not only is violence against the homeless on the rise, but that there is a well-documented connection between increased police action and hate crimes against the homeless.

Consider the fate of 53-year-old Gerald Wudarski of Eugene, Oregon. On June 28, 2009, Wudarski, who was homeless, wandered onto private property in search of returnable aluminum cans. The property owner, Corey Freeman, confronted Wudarski, chased him, and then punched Wudarski in the head.

When a neighbor called police, Wudarski was charged with criminal trespassing while Freeman's aggressive act resulted in no charge. It was not until later, when Wudarski died as a result of his head injuries, that Freeman was indicted on second-degree manslaughter and second-degree assault charges.

Perhaps Wudarski erred in entering private property, but there is certainly something very wrong when someone finds it acceptable to chase and assault a man who was merely attempting to make an honest buck by collecting cans. Even more troubling is the response by law enforcement, that it is not OK to be homeless, but it is OK to hit people who are homeless.

It is hard to expect the general public to consider homeless people to be worthy of the same rights, privileges and protections when there are laws that make life-sustaining activities, like eating and sleeping in public, a crime.

Further, watching law enforcement officers tell homeless people to leave public parks, benches and street corners or slash tents in homeless encampments suggests that homeless people do not deserve respect, or have the same basic civil and human rights as everyone else. Sadly, it is a message far too many are hearing.

Just last week nine people between the ages of 13 and 20 were arrested for an assault on a homeless man in Port Angeles, Washington. It is believed the attack took place after the homeless man refused to give his beer to the group. Apparently, by their logic, the man already didn't have a home, so why should he deserve to have beer.

This rising violence against the homeless has not gone unnoticed. A Senate judiciary subcommittee recently held a hearing to determine whether to classify crimes against the homeless as hate crimes. While this is a good first step, cities and towns must also eliminate laws, which are often unconstitutional, that criminalize homelessness. It is time to work towards ending homelessness instead of making it a crime.

Photo credit: Infrogmation