Criminalising homelessness is not just cruel: it’s costly, too

An officer from the Sheriff's Department and a social worker walk the homeless encampment in Anaheim, California in February 2018. Image: Getty.

Increasingly, local laws punish Americans who are homeless.

By severely restricting or even barring the ability to engage in necessary, life-sustaining activities in public, like sitting, standing, sleeping or asking for help, even when there’s no reasonable alternative, these laws are essentially persecuting homeless men, women and children.

As law professors who study how laws can make homelessness better or worse, we encourage cities, suburbs and towns to avoid punishing people who live in public and have nowhere else to go. One big reason: these “anti-vagrancy laws” are counterproductive because they make it harder to escape homelessness.

Many paths to not having a home

Why do at least half a million Americans experience homelessness at any time?

Researchers find that most people who become homeless have nowhere to live after being evicted, losing their jobs or fleeing an abusive partner.

Many emergency homeless shelters are perpetually full. Even those with beds to spare may enforce rules that exclude families, LGBTQ youth and people with pets.

And when homeless people can stay in shelters, often they may only spend the night there. That means they have to go somewhere else during the daytime.

More laws

As the number of people facing homelessness increases, local residents are demanding that their elected officials do something about the homeless people they encounter in their daily lives. The leaders of cities, towns and suburbs are often responsive.

But more often than not, municipalities don’t address the underlying problems that cause homelessness by, say, providing sufficient permanent housing, affordable housing or shelters with minimal barriers to entry. Instead, criminalising homelessness is growing more popular.

Over the last decade, city-wide bans on camping in public have increased by 69 percent while city-wide panhandling bans rose by 43 percent, according to the National Law Center on Homelessness and Poverty.

Advocates such as the American Civil Liberties Union frequently challenge these laws in court. Judges often strike down such laws on the grounds that they violate constitutionally protected rights, such as the freedom of speech or due process.

Still, more and more communities keep trying to outlaw homelessness.


Criminalising homelessness is ineffective

Not only do we and other legal experts find these laws to be unconstitutional, we see ample evidence that they waste tax dollars.

Cities are aggressively deploying law enforcement to target people simply for the crime of existing while having nowhere to live. In 2016 alone, Los Angeles police arrested 14,000 people experiencing homelessness for everyday activities such as sitting on sidewalks.

San Francisco is spending some US$20 million per year to enforce laws against loitering, panhandling and other common conduct against people experiencing homelessness.

Jails and prisons make extremely expensive and ineffective homeless shelters. Non-punitive alternatives, such as permanent supportive housing and mental health or substance abuse treatment, cost less and work better, according to research one of us is doing at the Homeless Rights Advocacy Project at Seattle University Law School and many other sources.

But the greatest cost of these laws is borne by already vulnerable people who are ticketed, arrested and jailed because they are experiencing homelessness.

Fines and court fees quickly add up to hundreds or thousands of dollars. A Sacramento man, for example, found himself facing $100,000 in fines for convictions for panhandling and sleeping outside. These costs are impossible to pay, since the “crimes” were committed by dint of being unable to afford keeping a roof over his head in the first place.

And since having a criminal record makes getting jobs and housing much harder, these laws are perpetuating homelessness.

Joseph W. Mead, Assistant Professor, Cleveland State University and Sara Rankin, Professor of Lawyering Skills, Seattle University.

This article was originally published on The Conversation. Read the original article.

 
 
 
 

What Citymapper’s business plan tells us about the future of Smart Cities

Some buses. Image: David Howard/Wikimedia Commons.

In late September, transport planning app Citymapper announced that it had accumulated £22m in losses, nearly doubling its total loss since the start of 2019. 

Like Uber and Lyft, Citymapper survives on investment funding rounds, hoping to stay around long enough to secure a monopoly. Since the start of 2019, the firm’s main tool for establishing that monopoly has been the “Citymapper Pass”, an attempt to undercut Transport for London’s Oyster Card. 

The Pass was teased early in the year and then rolled out in the spring, promising unlimited travel in zones 1-2 for £31 a week – cheaper than the TfL rate of £35.10. In effect, that means Citymapper itself is paying the difference for users to ride in zones 1-2. The firm is basically subsidising its customers’ travel on TfL in the hopes of getting people hooked on its app. 

So what's the company’s gameplan? After a painful, two-year long attempt at a joint minibus and taxi service – known variously as Smartbus, SmartRide, and Ride – Citymapper killed off its plans at a bus fleet in July. Instead of brick and mortar, it’s taken a gamble on their mobile mapping service with Pass. It operates as a subscription-based prepaid mobile wallet, which is used in the app (or as a contactless card) and operates as a financial service through MasterCard. Crucially, the service offers fully integrated, unlimited travel, which gives the company vital information about how people are actually moving and travelling in the city.

“What Citymapper is doing is offering a door-to-door view of commuter journeys,” says King’s College London lecturer Jonathan Reades, who researches smart cities and the Oyster card. 

TfL can only glean so much data from your taps in and out, a fact which has been frustrating for smart city researchers studying transit data, as well as companies trying to make use of that data. “Neither Uber nor TfL know what you do once you leave their system. But Citymapper does, because it’s not tied to any one system and – because of geolocation and your search – it knows your real origin and destination.” 

In other words, linking ticketing directly with a mapping service means the company can get data not only about where riders hop on and off the tube, but also how they're planning their route, whether they follow that plan, and what their final destination is. The app is paying to discount users’ fares in order to gain more data.

Door-to-door destinations gives a lot more detailed information about a rider’s profile as well: “Citymapper can see that you’re also looking at high-profile restaurant as destinations, live in an address on a swanky street in Hammersmith, and regularly travel to the City.” Citymapper can gain insights into what kind of people are travelling, where they hang out, and how they cluster in transit systems. 

And on top of finding out data about how users move in a city, Citymapper is also gaining financial data about users through ticketing, which reflects a wider trend of tech companies entering into the financial services market – like Apple’s recent foray into the credit card business with Apple Card. Citymapper is willing to take a massive hit because the data related to how people actually travel, and how they spend their money, can do a lot more for them than help the company run a minibus service: by financialising its mapping service, it’s getting actual ticketing data that Google Maps doesn’t have, while simultaneously helping to build a routing platform that users never really have to leave


The integrated transit app, complete with ticket data, lets Citymapper get a sense of flows and transit corridors. As the Guardian points out, this gives Citymapper a lot of leverage to negotiate with smaller transit providers – scooter services, for example – who want to partner with it down the line. 

“You can start to look at ‘up-sell’ and ‘cross-sell’ opportunities,” explain Reades. “If they see that a particular journey or modal mix is attractive then they are in a position to act on that with their various mobility offerings or to sell that knowledge to others. 

“They might sell locational insights to retailers or network operators,” he goes on. “If you put a scooter bay here then we think that will be well-used since our data indicates X; or if you put a store here then you’ll be capturing more of that desirable scooter demographic.” With the rise of electric rideables, Citymapper can position itself as a platform operator that holds the key to user data – acting a lot like TfL, but for startup scooter companies and car-sharing companies.

The app’s origins tell us a lot about the direction of its monetisation strategy. Originally conceived as “Busmapper”, the app used publicly available transit data as the base for its own datasets, privileging transit data over Google Maps’ focus on walking and driving.  From there it was able to hone in on user data and extract that information to build a more efficient picture of the transit system. By collecting more data, it has better grounds for selling that for urban planning purposes, whether to government or elsewhere.

This kind of data-centred planning is what makes smart cities possible. It’s only become appealing to civic governments, Reades explains, since civic government has become more constrained by funding. “The reason its gaining traction with policy-makers is because the constraints of austerity mean that they’re trying to do more with less. They use data to measure more efficient services.”  

The question now is whether Citymapper’s plan to lure riders away from the Oyster card will be successful in the long term. Consolidated routing and ticketing data is likely only the first step. It may be too early to tell how it will affect public agencies like TfL – but right now Citymapper is establishing itself as a ticketing service - gaining valuable urban data, financialising its app, and running up those losses in the process.

When approached for comment, Citymapper claimed that Pass is not losing money but that it is a “growth startup which is developing its revenue streams”. The company stated that they have never sold data, but “regularly engage with transport authorities around the world to help improve open data and their systems”

Josh Gabert-Doyon tweets as @JoshGD.