Dear Religious Leader,
I am writing to you to solicit your support of a campaign that is being conducted to help Tempe’s homeless population. Currently there are several laws in Tempe that criminalize wholly nonviolent offenses that are generally committed by homeless people. Most of these laws are new, having been enacted between 1997 and 1998. These laws include the Sidewalk Sitting Ordinance, the Aggressive Solicitations Ordinance, and the Urban Camping Ordinance. It is on the latter that we have decided to focus our energy.
The Urban Camping Ordinance, the text of which is included with this letter, is a de facto criminalization of public sleep. In effect, it defines all public spaces as off limits areas for storing possessions, sleeping, and living. A violation of this ordinance will result in a Class 1 Misdemeanor charge, which can result in high fees or jail time. In addition, when homeless people either do not pay their fees or observe the conditions of their plea bargains (common plea bargains in Tempe include being banned from the Mill area), they may be subject to longer jail sentences.
For your information, Tempe does not have an overnight homeless shelter. Although it is beginning to work with its homeless youth populations during the day, the City has thus far not been willing to deal with providing basic resources to these populations. Its response to these issues has generally been to criminalize them.
Criminalization is not a solution to the problem of homelessness. Many homeless individuals are suffering from mental illness, and many are simply victims of factors such as the poor economy and family violence. The jail and prison systems do not provide the correct treatment for any of these problems. In fact, the prison system often contributes to the homeless population because it does not generally provide adequate job training or transitional housing, and because it can exacerbate mental conditions. It also does not provide sufficient contact with community organizations such as yours.
I am writing to you today to encourage your participation in this campaign by sending a letter to Tempe’s Mayor and City Councilmembers, by encouraging members of your congregation to sign the enclosed petition, and by alerting them to the issue. I hope you will be willing to be involved in one or more of these actions. For further information, please feel free to contact me personally.
Sincerely,
Elizabeth Venable
Free to Camp Coalition
1825 N. 16th Ave.
Phoenix, Az 85007
[email protected]
97.25 8-21-97 Urban camping 23-90, 23-91, 23-92
ARTICLE IV. URBAN CAMPING
Sec. 23-90. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Camp means resident in or using a public park, preserve, street or other public place for living accommodation purposes; including, but not limited to, activities such as erecting tents or any structure providing shelter, laying down bedding for the purpose of sleeping, storing personal belongings, starting a fire, regularly cooking or preparing meals, or living in a parked vehicle.
Preserve means any real property designated by the city council as a preserve.
Public park includes all city parks and playgrounds.
Public street includes all public streets and highways, public sidewalks, public benches and public parking lots.
Public place includes public plazas, transportation facilities, schools, attractions, monuments, and any improved or unimproved public area.
(Ord. No. 97.25, 8-21-97; Ord. No. 2002.22, 8-1-02)
Sec. 23-91. Prohibited acts.
No person shall camp in any public park, preserve, street or place; except in areas specifically for such use, or specifically authorized by permit.
(Ord. No. 97.25, 8-21-97; Ord. No. 2002.22, 8-1-02)
Sec. 23-92. Penalty.
Any person convicted of a violation of any provision of this article shall be guilty of a class 1 misdemeanor punishable as set forth in § 1-7 of this code.
(Ord. No. 97.25, 8-21-97)