Eight
homeless men and activist groups persuaded a federal judge that police officers
were overstepping their boundaries, seizing property they deemed to be abandoned,
but which the homeless claimed belonged to them.
San
Juan and Sixth Streets, for instance, just a few blocks away from freshly
redeveloped condos attracting prosperous newcomers to a reinvigorating
downtown, reek of urine.
From
tents, to broken bicycles, to mountains of dirty clothes, to buckets of pee:
stacks of seemingly useless things take up more than half of the
sidewalks.
In
the middle of the all the dirt and piled objects there are people sitting
there, some sleeping, some staring into space. For the homeless people of Skid
Row, this is their home, and those are their belongings.
“What
we have on Sixth Streets is like the show hoarders,” said LAPD Central Division
Senior Lead Officer Deon Joseph. “You see this right here?” he asked while
pointing at a photograph, “That’s a human being laying among garbage. We found
two people dead in situations just like this. That’s what the advocates are
fighting for, for their right to sit on the sidewalk and do that, and it hurts
because it’s more challenging for us to protect them and save their lives.”
It
has been this way for more than a year, since in April, 2011 eight homeless men
sued city, specifically the LAPD and the Bureau of Street Services, of
illegally confiscating and destroying their property without a warrant or
without notice, thus violating their Fourth Amendment rights against
unreasonable search and seizure.
California
Central District Judge Philip Gutierrez agreed, issuing the Tony Lavan
injunction – named after one of the eight homeless men. The city appealed, and
the Ninth Circuit Court of Appeals has yet to decide the outcome of the case.
What
the court order has established is a deadlock, with police taking a hands-off
approach while trash piles up on the sidewalks, firefighters find the
occasional dead body buried beneath the piles and the quality of life keeps
decreasing.
“What’s
happening now after the injunction is that we can’t touch [the property in the
streets] at all. The city can’t clean it up,” said Joseph. “There are people
with mental illnesses who will hoard things they don’t need and pile it on the
sidewalk. They’ll use it for toilet tissue, urinate on it, and it never gets
used, but then they say it’s theirs and we can’t touch it even though it’s
obviously garbage to us.”
But
community members say officers’ hands are not really tied like Joseph claims.
According to Kevin Michael Key, a former public defendant and current community
coordinator for the Los Angeles Poverty and Department and part-time employee
of the United Coalition East Prevention Project, officers are
interpreting the court order in a way that legitimizes the confiscation of
homeless’ property. Now that the court barred cops from unreasonably taking
people’s belongings and discarding it, he said, officers are letting the
situation get out of hand to show what happens when property isn’t seized.
“I
don’t like all the garbage on the streets, but I think there’s a difference
that people can discern between private, personal property and discarded junk.
But the police don’t want to take the time to distinguish that; they’re very
abusive of their power,” said Key.
Joseph,
however, believes there’s a conspiracy that stems from the community itself,
claiming there are advocates on Skid Row who encourage the homeless to pile
garbage on the streets just to test officers.
“I
do believe homeless people have the right to property, but when you’re setting
up broken furniture and throwing clothes and trash all over the sidewalk,
that’s different – that’s a health and safety issue and hazard,” said Joseph.
But
the injunction doesn’t actually bar police from removing all property, it
prohibits them from “seizing property in Skid Row absent an objectively
reasonable belief that it is abandoned, presents an immediate threat to public
health or safety, or is evidence of a crime, or contraband,” according to the
document.
Despite the court’s clear statement
regarding items that present an immediate public health or safety threat, officers
still don’t remove the buckets of urine that sit in plain sight along the
sidewalks, making the conditions of Skid Row even more detrimental to the
homeless’ lives.
Key’s
theory is thus not unfounded – there is evidence suggesting officers are indeed
abusing the power, and it’s further proven in the LAPD’s attempt to justify
property seizures.
“The
City maintains that the Fourth Amendment does not apply to Plaintiffs’ property
because ‘it is well established that individuals who leave items in public
places do not have a reasonable expectation of privacy in them,’…The Court is
troubled by the City’s straight-faced misstatements of the law,” reads the
injunction.
Joseph
said he supports the homeless’ right to own the necessary things that help them
get by, but his disapproval for the Lavan court order stems from the resulting
drug trade, which the police had successfully reduced with the Safer Cities
Initiative but that has escalated within the past year due to the injunction.
With
the Safer Cities Initiative, started in September of 2006, 50 extra police
officers were placed in the 50-block area of Skid Row with the goal of reducing
crime in the community, and according to statistics, the reform had its
success.
The
year before SCI was put in place, 93 people died in Skid Row, 18 of which died
in the streets in conditions that, according to Joseph, looked just like they do
today. But in 2009, at the height of police efforts, only 63 people died in the
community and only five of them died in the streets.
“We
erased this, we took away the blight, the means for them to destroy themselves,
to urinate and defecate and create a health and safety hazard, and hide
narcotics from high level dealers who were employing the homeless to sell their
drugs,” said Joseph.
However,
in the past year 123 people died in the same area, 15 of which died in the
streets, and police believe it’s directly related to the injunction.
Prior
to April, 2011, in addition to SCI, there was a standing agreement between the
ACLU and the LAPD that barred the homeless from setting up tents or sleeping on
the sidewalk between the hours of 6 a.m. and 9 p.m. because of the crime that
spurred from it. Tents don’t present any kind of imminent health or safety
hazard and the agreement is now invalid as suggested by the Lavan order.
“A
lot of people in tents are in tents because they’re working with the criminal
element,” said Joseph. “Inside the tents you’ll have cocaine, marijuana,
stashed cash, narcotics paraphernalia and things of that nature.”
Some
of the people on Skid Row aren’t poor homeless individuals, they’re gang
members from the outside who come in and build a drug-trading network,
employing homeless drug addicts to sell narcotics. According to Joseph, they
use the tents and piled up furniture and trash as hiding places to continue
their business and the injunction is preventing the LAPD from keeping the
streets crime- and drug-free.
Joseph’s
concern is validated by several videos showing drug
dealings that were successfully hidden from plain view by the heaps of random
objects.
“What
you see here is this guy in the red shirt, he’s a Blood gang member, and this
girl right here, he’s a Blood gang member as well,” he pointed out as we
watched the video. “And now he’s walking over toward her and handing her a bag
of drugs, and she’s going to prepare it and package it for sale.”
But
despite the presence of the trash in the streets, cameras provided by Skid Row
organizations were able to catch several crimes on tape. So community members
like Key wonder why, since the LAPD has these videos and knows who the larger
drug dealers are, it isn’t conducting investigations that target the powerful
players in the drug trade.
“I’ve
seen the police rush up and bust drug users and it went from two cops show up
to ten. You would think it was a
major narcotic trafficking bust, but it turns out it was a poor homeless guy
selling a small amount of crack to keep his addiction going,” said Key.
Skid
Row members are also concerned about the negative repercussions small drug
busts have on both the individual’s future and on the community as a whole.
“The
police sends addicts to prison, and then when they get out they’re in a worse
situation because they aren’t eligible for housing or food stamps, and have a
hard time finding a job because prison doesn’t cure addiction and a lot of
folks are now violent,” said General Dogon, a member of the LA Community Action
Network, an organization that primarily aims to protect the rights of the
homeless community.
In
response, Joseph claimed that busting the guys at the bottom of the pyramid is
necessary to discourage other members of the community to get involved in the
business and he further added that not even gang members are being punished
like they should.
Community
members have heard officers’ reasoning plenty of times, but they’re not
convinced; to them, police are focusing most of their attention on racial
profiling and handling petty crimes like jaywalking violations, explained
Dogon.
“People
on crutches, blind people, people in wheel chairs who can’t cross the street
fast enough, the police [doesn’t] care,” said Dogon. “But if you’re on the
other side of town jaywalking you’re probably not going to get ticketed because
that’s not what matters.”
However,
the situation in Skid Row is different than that in the other side of town –
the LAPD strictly abides by a zero-tolerance policy that’s justified by the
broken window theory: if officers allow even the smallest misdemeanors to take
place, they are promoting an air of lawlessness that wrongly imparts an idea of
accepted disregard for authorities.
“We
wrote a whole lot of tickets and it worked, people were more respectful of the
law. I don’t apologize for one ticket; if it helps save lives and bring crime
down, then absolutely,” said Joseph.
One
may wonder how a homeless man can pay off a jaywalking ticket, but the
repercussions are not as great as they seem – the real problems start when
tickets turn into warrants because people refuse to go to court, not because
they’re unable to pay the fees, said Joseph.
The
LAPD also created the Streets or Services program, which aimed to keep
misdemeanor arrestees out of jail and place them instead into programs that
suit their needs.
“For
people who successfully completed the program, whether for housing, mental
health, drug addiction or alcohol, we rip up the ticket as if it never existed,”
said Joseph.
The
program is currently on hold due to lack of funds, but Project Homeless Alternatives
to Living on the Streets created by the City’s Attorney’s Office still exists,
although it too, to a smaller degree. The project encompasses the same goals as
LAPD’s program, but it also allows a city attorney to
decide against prosecution if a county social worker determines that the person
in question would benefit from available services.
Although
in a previous case named Fitzgerald v. City of Los Angeles the court opined
that Streets or Services and other offered resources aren’t enough to eliminate
or reduce homelessness in Skid Row, it cannot be said that the LAPD or the city
have made no efforts to improve the lives of the homeless community.
Ultimately,
the dynamics of Skid Row aren’t as black and white as is portrayed by the media
and by activist groups. There is evidence of officers abusing their power, but
there is also evidence of police attempts to better the quality of life for the
homeless of Skid Row.
Though
the two opposing sides blame each other, they both wish to have a violence- and
drug-free community. However, their approaches to finding a solution are much
different and the chaos resulting from the current stalemate is only increasing
the friction between the LAPD and the homeless.