Proposed Des Moines Homeless Ordinance Is Unethical

Jason Benell lives in Des Moines with his wife and two children. He is a war veteran, former city council candidate, and president of Iowa Atheists and Freethinkers.

Many are concerned about the direction the Des Moines City Council is taking, particularly with regard to the homeless population – some of our most disadvantaged neighbors and fellow citizens. This approach exposes the apparent goal of the sitting council members who support this policy: they do not believe that homeless people deserve the same level of respect and dignity as other citizens. They are willing to push them outside the city limits of Des Moines, if not out of our society altogether.

The proposed ordinance, which is scheduled to go to trial on July 22, stems from a recent U.S. Supreme Court decision that effectively allows local governments to criminalize homelessness. In the case known as Grants Pass vs. JohnsonSix conservative justices ruled that upholding criminal laws banning sleeping in public does not violate the Eighth Amendment’s prohibition against “cruel and unusual punishment.”

It is odd that a city council made up entirely of registered Democrats would rush to expel its most vulnerable voters as soon as Republicans make a decision.

Speaking to the Des Moines Register, City Councilman Chris Coleman euphemistically described his proposed ordinance as a more “assertive” way to deal with the sighting of a homeless person or their belongings. If the ordinance passes, the city would abandon the more humane and ethical complaint-based system it has used for decades. Under current policy, authorities can remove a camped person if there is a properly filed complaint with the city.

This complaints system is far from perfect, but it requires at least a minimum level of engagement before action is taken to address homeless camps.

The new approach would drastically change how the city deals with such situations, and remove any level of community involvement. In effect, the Des Moines Police Department would have carte blanche to remove, harass and target anyone they deem to be in violation.

According to the proposed ordinance, no person shall occupy a campsite or camp (broadly defined as sleeping) on ​​a public property. This all-encompassing policy would not require a complaint, probable cause, or any other reason to generate a 24-hour notice to vacate. Instead, if a law enforcement officer believes you are camping, they could initiate a process to forcibly remove you from the property and destroy or confiscate all of your belongings.

The language goes further, allowing the city to unilaterally relinquish “items that appear to have been stolen” (how do you know?) or things that “have no apparent monetary value or utility.” Basically, if you’re caught camping in the city of Des Moines, you’re subject to search, seizure, and prosecution. You’re at greater risk of incarceration, all at the discretion of law enforcement.

The ultimate goal of such a change in city policy appears to be to get as many homeless people as possible out of Des Moines, or into a system that has no resources to help them.

Proponents of the ordinance, like Coleman, have acknowledged that it’s not a holistic solution. He told the Des Moines Register that the community needs to show “tough love,” adding that “it takes both a carrot and a stick.”

I have to ask: Where is the love here? Where are the holistic solutions? Is there an accompanying funding plan to ensure the city provides resources to house people who have been forcibly removed? The ordinance calls for no jail time, but does impose a $50 fine for a violation. That sounds like a stick without a carrot.

Additionally, the ordinance would provide a defense for homeless citizens if they agree to community service. This means that homeless people are expected to work for the city for free, or they will be charged with multiple offenses and have to pay fines.

Why should the least fortunate among us be forced to become unwilling government servants, pay multiple fines, and start their lives over again after the city has destroyed their property, and created a criminal record for the “offense” of being poor and homeless? Where does the future lie for them under this proposed ordinance? How can they get a job, clean themselves, or even find a place to use the bathroom if they are searched and seized when a police officer sees them with a backpack and a pillow?

The City of Des Moines can and must do better for our citizens, for all of our citizens. Yes, that even means our homeless neighbors. Homelessness is a serious problem. It is difficult and for many it can seem unmanageable, but that does not mean we should take these kinds of punitive measures.

We should not have to rely on charities and nongovernmental organizations to care for our most vulnerable citizens and neighbors, especially when they are already busy and often at the whim of donors. Des Moines needs a more permanent solution to a long-term problem. The city has the capacity, resources, ingenuity, and yes, compassion as a civic institution to care for our citizens. The research supports this.

The city could build more affordable public housing while also increasing funding for programs that serve at-risk populations. Instead of shifting responsibility to a militarized police force, the city could invest in long-term solutions and public works programs that would reduce the need for such a force.

The council could even propose an ordinance that would allow public camping in controlled and designated areas. While that would be far from a solution, it would not exacerbate the problem by banning all camping.

I am very disappointed in my civic leaders that this is even coming to a vote. I am even more disappointed by the lack of transparency in this process. Local governments should look, work and live like the people they represent, using a well-informed approach based on data and long-term solutions. This is not the case at all.

This is an attack on the homeless for the “crime” of being homeless. It is not something that residents of Iowa’s largest city can be proud of. We can and must do better. Des Moines City Council, do the right thing: vote against this ordinance.

Top image of Des Moines City Hall, photographed by James Steakley in 2009. Photo licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported license.