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.

 
 
 
 

To see how a city embraces remote work, look to Helsinki

A deeply rooted culture of trust is crucial to the success of remote work. (Sean Gallup/Getty Images)

When I speak to Anssi Salminen, an account manager who lives an hour outside Helsinki, he’s working from a wooden platform on the edge of a Finnish lake. With a blanket laid out and his laptop set up, the sun low in the sky, Anssi’s remote work arrangement seems blissful. 

“I spend around half of my time working somewhere else other than the office,” he says. “I can work from home, or on the go, and I also travel to the Netherlands once a month and work from there.

“The emphasis in my work has always been that it doesn’t matter when or where I work, as long as I get things done.”

For many people around the world, the shift to remote work was sudden, sparked by the coronavirus pandemic. Finland, however, is finding the transition much less significant. Before Covid-19, the Nordic nation already displayed impressive levels of remote working, with 14.1% of its workforce reporting usually working from home. Only the Netherlands has a comparable percentage of remote workers, while the UK lagged behind at 4.7%, and the US’s remote workforce lingered at around 3.6%

Anssi works for one of many Helsinki-based companies that offers its employees flexible policies around when and where they work. That arrangement is in part due to the Finnish capital’s thriving start-up scene. In spite of being a relatively small city by global standards it is home to over 500 technology start-ups. These companies are leading the way when it comes to keeping employees connected wherever they choose to work.

“Our company has a completely location-free working policy,” says Kasper Pöyry, the CEO of Helsinki-headquartered software company Gapps. “All meetings are made available for online participants and facilitated accordingly. Some employees have worked extensively from abroad on a working holiday, whilst others prefer the comfort and social aspects of the well-stocked office. Whatever works for our employees is what works for the company.”

Like Gapps, many Helsinki-based firms are deeply preoccupied with providing the necessary technology to attract talent in a vast and sparsely populated country. Finland has only 15 inhabitants per square kilometre, and companies understand that in order to compose teams of specialised expertise, they may have to seek talent outside of the city. Local governments take a similarly proactive stance toward technological access, and Helsinki offers free, unrestricted, high-speed Wi-Fi from city-wide hotspots, while the country as a whole boasts some of the best coverage in Europe. 

But encouraging remote work isn’t just about optimising the potential of Finland’s workforce – companies in Helsinki also recognise that flexibility has clear benefits for both staff and employees. 

“The idea of a good work-life balance is ingrained in Finnish culture,” says Johannes Anttila, a consultant at organisational think tank Demos Helsinki. “It goes back to our rich history of social dialogue between labour unions and employers, but also to an interest in delineating the rules of working life and pushing towards people being able to enjoy their private life. Helsinki has been named the best city in the world for work-life balance, and I think that this underlies a lot of the mentality around remote work.” 

For Peter Seenan, the extent to which Helsinki residents value their free time and prioritise a work-life balance prompted his move to the city ten years ago. He now works for Finnair, and points to Finland’s summer cottages as an example of how important taking time to switch off is for people in the country. These rural residences, where city residents regularly uproot to enjoy the Nordic countryside, are so embedded in Finnish life that the country boasts around 1.8 million of them for its 5.5 million residents

“Flexible and remote work are very important to me because it means that I don’t feel like I’m getting stuck in a routine that I can’t control easily,” he says. “When I’m working outside of the office I’ll go down to my local sauna and go ice swimming during the working day, typically at lunchtime or mid-morning, and I’ll feel rejuvenated afterwards… In winter time especially, flexibility is important because it makes it easier to go outside during daylight hours. It’s certainly beneficial for my physical and mental health, and as a result my productivity improves.”

The relaxed attitude to working location seems to pay off – Finland is regularly named the happiest country in the world, scoring highly on measures such as how often its residents exercise and how much leisure time they enjoy. With large swathes of unspoiled countryside and a national obsession with the outdoors, sustainability is at the forefront of its inhabitants’ minds, leading to high levels of support for measures to limit commuting. In January, Finland passed a new Working Hours Act, the goal of which was to help better coordinate employee’s work and leisure time. Central to this is cementing in law that employees can independently decide how, when, and where they work.

Yet enacting the new ruling is not as simple as just sending employees home with their laptops. For Kirsimarja Blomqvist, a professor of knowledge management at LUT University, perhaps the most fundamental feature that remote work relies upon is a deeply rooted culture of trust, which Helsinki’s residents speak of with pride. The anecdotal evidence is backed up by data which suggests that Finland boasts one of the highest levels of trust and social cohesion in Europe, and equality and transparency have always been key cornerstones of political thought in the country.

“Trust is part of a national culture in Finland – it’s important and people value it highly,” she explains. “There’s good job independence, and people are valued in terms of what they do, not how many hours they work for. Organisations tend to be non-hierarchical, and there is a rich history of cooperation between trade unions, employers, and employees to set up innovative working practices and make workers feel trusted and valued. 

“It’s now important that we ensure that this trust can continue to be built over technology, when workers might have been more used to building it face-to-face.”

As companies begin to look hopefully toward a post-Covid future, the complexities of remote work are apparent. Yet amid issues of privacy, presenteeism, and social isolation, the Helsinki model demonstrates the potential benefits of a distanced working world. The adjustment to remote work, if continued after the crisis, offers a chance to improve companies’ geographical diversity and for employers to demonstrate trust in their workforce. On these issues, Blomqvist believes other cities and employers can learn a lot from Helsinki.

“People are now beginning to return to their workplaces, but even as they do they are starting to consider the crisis as a jumping point to an even more remote future,” she says. “The coronavirus pandemic has been an eye-opener, and people are now interested in learning from Finland’s good practices… We are able to see the opportunity, and the rapid transition to remote work will allow other countries to do the same.”

Katie Bishop is a freelance writer based in Oxford.