Not in Anyone's Backyard

83 Pages·2013·6.94 MB·English

by  Nancy A. Wright

Santa Clara Law
Santa Clara Law Digital Commons
Faculty Publications Faculty Scholarship
1-1-1994
Not in Anyone's Backyard: Ending the "Contest of
Nonresponsibility" and Implementing Long-Term
Solutions to Homelessness
Nancy A. Wright
Santa Clara University School of Law, [email protected]
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Recommended Citation
2 Geo. J. on Fighting Poverty 160
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NOT IN ANYONE'S BACKYARD:
ENDING THE "CONTEST OF
NONRESPONSIBILITY" AND
IMPLEMENTING LONG-TERM
SOLUTIONS TO HOMELESSNESS
Nancy Wright
War on Poverty could be won in "the near
3
necticut attempted to force indi- future."
vgeern ttsw teon trye-lfoivcae tey etaor so tahgeor, sCtaotens- Unfortunately, the future is now here,
by enacting legislation that denied the and poverty remains. According to Cen-
poor any welfare benefits during their sus Bureau figures, in 1993 the number
first year of residency in the state. The of Americans living below the poverty
United States Supreme Court invali- level4 reached 39.3 million, the highest
dated that law on the basis that it inter- number in ten years.5 Despite the aggre-
fered with an indigent's constitutional gate growth of the overall economy, the
right to travel freely among the various average American household experi-
states.' The Court's invalidation of the enced a decline in income in 1993, and
statute sent a message to the states that more than a million Americans6 fell into
legislation leading to an interstate "con- poverty.7 Robert Greenstein, Executive
test of nonresponsibility" for the poor is Director of the Center on Budget and
unconstitutional and would not be toler- Policy Priorities, blames the increasing
ated. Acting at about the same time, the number of poor Americans on persistent
United States Congress enacted the Eco- unemployment, widespread cuts in social
nomic Opportunity Act (known as the services by the states, and a failure by the
War on Poverty) in hopes of solving the federal government to close gaps in the
problems faced by millions of Americans safety net of public assistance.8
who were still living as indigents, despite Americans living below the poverty
the fact that the Depression had ended level can be roughly divided into three, Nancy Wright is an
two decades before.2 At the time of its sometimes overlapping, categories: the Assistant Professor of
Law at Santa Clara
enactment, political activists and econo- working poor, the welfare poor, and the
University School of
mists predicted that "with an active gov- homeless. At one end of the poverty
Law. *
ernment and a growing economy," the continuum is the first category, the work-
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ing poor. The working poor encompass homeless individuals has started to de-
nearly one out of every five Americans velop problems with alcoholism, drug
who work full-time yet remain in poverty. addiction, or mental illness after losing
In some cases, the working poor are even their homes, further losing the ability to
worse off financially than those who re- regain a roof over their heads.'8 Ulti-
ceive public assistance.9 The second cat- mately, these stricken individuals swell
While the egory, the welfare poor,10 include fifteen the ranks of the homeless who need
number of million Americans receiving public assis- comprehensive treatment for their dis-
homeless tance, either as their only income or as a abilities. In time, reinstating their eco-
escalates, supplement to a job that does not pay a nomic assistance is not enough; compre-
living wage." The third and final cat- hensive treatment is also needed.
intolerance and
egory, the homeless, occupy the opposite Entire families are also driven into
hostility towards
end of the poverty continuum. Ten years homelessness, through a combination of
the homeless have
after the homeless first began bedding the economic recession and the govern-
also grown.
down on the nation's sidewalks, the num- ment's indifference to their problems.
ber of homeless people has increased According to a November 1992 report
tenfold, and it is now estimated that as from the Center on Budget and Policy
many as three million people in the Priorities, the plight of many families
United States are without homes.'2 The who have housing is so precarious that
homeless are defined by their lack of a "one major economic jolt, like an unex-
permanent place to live, but also include pected medical bill or a sudden job layoff,
individuals whose lack of housing is only
can push these families over the edge
part of the problem and who have a into homelessness.' 9 In 1993, a survey of
myriad of physical and mental disabili-
twenty-six major cities conducted bythe
13
ties as well.
U.S. Conference of Mayors found, for the
Many poor Americans are moving along
first time, that there are as many home-
the poverty continuum into increasing
less families as there are homeless single
indigency rather than moving away from
men.20 Nationwide, there are more than
poverty. This trend must not continue. 500,000 homeless children.21
The gap between the working poor and
While the number of homeless esca-
the welfare poor may be measured by a
lates, intolerance and hostility towards
loose hold on ajob which is made increas-
the homeless have also grown.22 The
ingly precarious by the recent economic
source of this "compassion fatigue" 23 is
downturn. 14 An array of grim statistics
clear: For more than twelve years, Ameri-
documents widespread distress among
cans have watched in dismay the growing
the United States work force, including a
number of homeless people on street
drop in average wages after inflation and
a startlingjump in permanent job losses. 15 corners, in doorways, in cardboard box
"homes," in parks, in libraries, and in
Welfare rolls throughout the nation show
every other conceivable public place. Once
an alarming increase as more and more
romanticized as impoverished casualties
Americans are laid off or terminated
of an uncaring society, America's home-
from the work force. For the first time,
individuals are facing the inability to less are now more likely to be labelled as
support themselves and their families pathological predators who spoil down-
without public support. 16 town areas and threaten suburbia.24
Similarly, the gap between the welfare Americans, as a result, experience "com-
poor and the homeless hinges on both the passion fatigue" and harden themselves
adequacy and the availability of public to the pain of the homeless by brushing
assistance. In fact, many welfare recipi- off their entreaties for help and seeking
ents become homeless when assistance ways to get them out of their sight and
is reduced or terminated.17 Unfortu- out of their communities.25 If society
nately, a significant percentage of "new" cannot solve the problems of homeless
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Not in Anyone's Backyard
people, at least the public can make them gents to move in the wrong direction and
disappear by placing them in someone further into poverty. In an effort to
else's backyard. survive in the face of repressive legisla-
The escalating problems of homeless tion and "catch-all codes" criminalizing
people also acts as a catalyst for the homelessness, indigent poeople have been
spread of compassion fatigue to the wel- forced to depart from a particularly indi-
fare poor. Instead of helping those on the gent-hostile city or state in search of a
poverty continuum as they have in the more indigent-friendly city or state.36
past, the nation's more affluent citizens This migration has led to restrictive regu-
now turn their backs and close their lations in even the most liberal communi-
pocketbooks on society's less fortunate ties because those communities wish to
members, which in turn exacerbates their avoid becoming magnets for America's
37
risk of becoming homeless.26 The public throwaway citizens.
hostility toward the welfare poor is but- Homeless people are doomed by this
tressed by myths that surround society's cycle of compassion fatigue and legisla-
indigents.27 Perhaps in an effort to belie tive repression. Unless the cycle can be
their own vulnerability in an unstable broken, there is little hope that the
economic world,28 empathy burnout leads problems of homelessness and indigency
many members of the public to blame will be solved. As Henry Cisneros said:
the poor for their lot in life.29 In dealing "This fatigue in the battle against home-
with the problems of America's impover- lessness means that the nation's leader-
ished citizens, a vicious cycle is created ship-in Washington, in our state capi-
because compassion fatigue and intoler- tals and in our local communities-has
ance for the problems of homelessness to ensure that in their weariness, Ameri-
and indigency leads to more poverty and cans do not turn this fight into a war on
homelessness. the homeless themselves."'38 If Ameri-
Much of the public perceives that legis- cans are able to avoid facing poverty
lation establishing programs to help indi- problems by pushing indigents from one
gent people has failed, and that spending community to another, those on the pov-
more money will only increase the prob- erty continuum will ultimately be denied
lem.30 Unfortunately, legislators are re- the basic essentials of life. Carried to its
sponding to the public's dissatisfaction extreme, the "Not In My Backyard"
with legislation for the poor and concern phenomenon will become "Not In Any-
with the country's economic instability. one's Backyard."
Politicians at the federal, state, and local Breaking the cycle of compassion fa-
levels have in one way or another tight- tigue and ending the contest of nonre-
ened welfare requirements and decreased sponsibility involve recognizing the many
payments,31 reduced subsidized hous- categories of poverty and responding with
ing,32 prohibited sleeping or resting in nationally-mandated assistance programs
public places,33 forbade begging or pan- tailored to the different needs of those on
handling,34 and even criminalized home- the poverty continuum. For those whose
35
lessness. needs are primarily economic, the solu-
These laws are not only ineffective and tions should provide decent, affordable,
inhumane public policy but some of this and permanent housing and other neces-
repressive legislation violates constitu- sities of life by increasing the availability
tional guarantees such as Due Process, and the adequacy of public assistance.39
free speech, cruel and unusual punish- At the same time, innovative programs
ment, Equal Protection, and the right to must be developed to enable all able-
travel. Rather than enabling homeless bodied homeless individuals and welfare
and poor people to move along the pov- recipients to move away from poverty
erty continuum and then out of poverty, toward economic independence.40 Ulti-
this legislation has caused America's indi- mately, those who work should re-
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ceive decent wages and be allowed to dling ordinances on the grounds that
41
leave the poverty ranks permanently. aspects of the regulations violate the Due
For a significant percentage of the Process or Equal Protection Clauses of
homeless, however, housing, financial, the Constitution. Part II next describes
and employment assistance is not enough the more broadbased "substantive" legal
because they may also have severe men- challenges directed against catch-all codes
fI-I]omelessness is tal or physical problems that must be criminalizing homelessness. These chal-
a continuing comprehensively treated before they can lenges are based on the right to travel,
problem that will become independent, functioning mem- free speech, the Fourth Amendment, the
not be alleviated bers of society.42 Some of the problems of Eighth Amendment, and the Equal Pro-
unless cities, the most severely disabled homeless may tection Clause. Finally, Part III details
states, and the involve long-term treatment, or there the many faces of the homeless and
describes some enlightened programs
may just be no solution; nevertheless, a
federal
dealing with the sources of their multi-
minimum standard of living-a roof over
government are
faceted problems. These programs pro-
one's head, food, and health care-
forced to
vide homeless people with temporary
should be the right of all Americans.
take some
shelter, permanent affordable housing,
This article asserts that homelessness
responsibilityf or treatment for mental and physical dis-
is a continuing problem that will not be
homeless people abilities, and opportunities for employ-
alleviated unless cities, states, and the
and are prevented ment.
federal government are forced to take
from continuing This article concludes with the hope
some responsibility for homeless people
to push them that if these successful programs can be
and are prevented from continuing to
from one expanded nationwide, some of the prob-
push them from one community to an-
lems of homeless people will be allevi-
community to
other in a never-ending contest of nonre-
ated, if not solved. However, this can only
another in a sponsibility. Repressive legislation and
happen if all communities are forced to
never-ending catch-all codes that criminalize homeless-
confront homelessness rather than be
contest of ness and allow the contest to continue
allowed to continue the contest of nonre-
nonresponsibility. must be challenged. However, these legal
sponsibility by pushing their homeless
challenges are merely interim measures
citizens into someone else's backyard.
and must be accompanied by the creation
This article suggests that every commu-
and implementation of long-term solu-
nity must face the problems presented by
tions designed to attack and alleviate the
homelessness and work together to imple-
sources of homelessness.
ment effective and humane solutions.
Part I of this article describes some of The goal of America's social policy should
the complexities of understanding and be to assist the homeless and the poor to
dealing with the problems of homeless- move along the poverty continuum from
ness and indigency with the hope that we homelessness, towards the ultimate goal
can replace compassion fatigue with com- of adequate, full-time employment and
passionate understanding and action. Part economic independence.
I initially presents an overview of the
escalating numbers of the working poor,
the welfare poor, and the homeless, and I. THE ESCALATING PROBLEMS OF
discusses their increased need for shel- INDIGENCY AND HOMELESSNESS IN THE
ter, food, and other necessities of life. NEVER-ENDING CONTEST OF
Part I then describes the public's "Not In NONRESPONSIBILITY
Anyone's Backyard" response as well as
A. Indigency in the United States
the executive, legislative, and judicial
responses to homelessness. Part II dis- In 1992, the number of people living in
cusses the "semantic" legal challenges poverty rose for the third consecutive
that can be brought against anti-camp- year to 36.9 million, increasing three
ing, anti-begging, and aggressive panhan- times as fast as the overall population.43
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Not in Anyone's Backyard
In October of 1993, the Census Bureau 1. Escalation in the Number of Working Poor
reported that, despite the end of the Who Are at Risk ofH omelessness
latest recession, the poverty rate rose in According to a March 1994 study con-
thirty-three states.44 By the end of 1993, ducted by the Commerce Department,
the Census Bureau revealed that the pov- the percentage of gainfully employed
erty rate rose to 15% of the population, Americans receiving poverty-level wages
with 39.3 million Americans living below rose sharply during the past decade, and
45
the poverty level. nearly one in five full-time employees
America's poverty population has were counted among the working poor.53
shown some other demographic changes The study showed that in 1992, 18% of
since the 1970s. For example, because Americans with year-round, full-time jobs
the population has become much less earned less than $13,091. 54 In 1979, only
agricultural and rural than in the past,46 12% of full-time workers earned compara-
poverty has deepened and become more bly low wages.55 Full-time workers with
concentrated. In 1990, almost twice as families of four, who were earning less
than the poverty level, rose by 50% over
many people as in 1980 were living in
the past thirteen years.56 In fact, the
census tracts where at least 40% of the
low-wage sector is the fastest growing
residents were poor.47 The number of
part of the labor force today.57 Commen-
people living in these "ghetto" areas rose
tators describe the working poor as being
from 3.7 million in 1970, to 5.6 million in
1980, and to 10.4 million in 1990.48 part of a "risky and often cruel world
where good workers bounce from employ-
The 1993 Census revealed a 22.7%
ment to unemployment, to welfare and
increase in poverty among young chil-
back, accumulating long resumes of low-
dren, with 15.7 million of all children
pay, low-skill, dead-end jobs, worrying
classified as poor.49 The data show that
about health insurance, child care and
47% of all poor children who live in
the employee pension they may never
households with incomes less than half of get."58 According to the Tufts University
the official poverty level are more likely
Center on Hunger, Poverty, and Nutri-
to suffer extreme poverty than ever be-
tion Policy, which examined the most
fore.50 In April 1994, a three-year study recent Census data, "[h]alf of our fami-
prepared by the Carnegie Corporation lies are experiencing declining wages,
confirmed that 3 million American chil- and the other half are those who have
dren, or nearly one-fourth of all infants always been struggling near poverty."'59
and toddlers, live in poverty.51 One of the The working poor's precarious eco-
most frightening examples of the devas- nomic position means that they are con-
tating effect of poverty on infants was tinuously at risk of becoming homeless or
revealed in a November 1993 report done not being able to afford adequate food
by the Department of Health and Hu- and shelter.60 A March 1994 hunger sur-
man Services. The report found that vey, for example, revealed that 44% of
throughout the United States thousands the working poor believed that they would
of babies were abandoned in their hospi- not need donations of food to feed them-
tal cribs by parents unwilling or inca- selves and their families, but three
pable of taking them home.52 months later had to rely on such dona-
In addition to the phenomenon of tions; 28% claimed employment at some
increased indigency in the United States, level and 21% said that they had been
two major trends have emerged. First, unemployed for less than three months.61
the number of working poor who are at The forces behind the trend of full-time
risk of becoming homeless has swelled. or part-time workers living in poverty are
Second, the risk of becoming homeless well-known. The nation is moving away
has escalated for the welfare poor. from higher-paying manufacturing jobs
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in the auto, steel, chemical, and other of December 1993, 8.3 million Americans
industries, and towards lower-paying ser- were looking fruitlessly for employment.73
vice jobs, ranging from retail stores to Compounding the problem, the aver-
fast-food restaurants.62 In addition, the age length of unemployment has grown
minimum wage has failed to keep pace longer in recent years, due in part to
with inflation. During most of the 1960s rapid changes in technology that made
and 1970s, a full-time job that paid mini- some jobs obsolete.74 Less than one in
mum wage was sufficient to maintain a nine workers remained unemployed for
family of three above the poverty line.63 six months or more in the 1970s,75 but by
By 1991, a full-time job that paid mini- the 1980s, that ratio had grown to nearly
mum wage left a family of three nearly one in six.76 In 1992, one in five workers
$2000 short of the poverty line income was unemployed for six months or more,
and a family of four nearly $5000 below with three out of four workers losing
the poverty level.64 At the current mini- their jobs permanently that year.77
mum wage of $4.25 per hour, full-time, In addition to the increased number of
year-round minimum wage work yields a recently unemployed workers needing
gross income of only $8500 per year, or
public assistance, the escalation of the
about $700 per month.65 As of 1990, the
welfare poor is reflected in the general
Fair Market Rent66 for a two-bedroom
increase in the number of requests for
apartment in the lowest-cost metropoli-
public assistance. The number of AFDC
tan community exceeded 40% of these
recipients rose by an average of 659,000
67
earnings. people each year from 1989 to 1994.78
The number of food stamp recipients
also grew by more than one-third be-
2. Escalationi n the Number of Welfare Poor
tween 1990 and 1994.79 Requests for
Who Are at Risk of Homelessness
emergency rent assistance to prevent
In addition to the escalating risk of
evictions showed a marked increase as
homelessness among the working poor,
well. According to the Jewish Board of
the risk of homelessness for the welfare
Family and Children's Services, fromJuly
poor is on the rise. There are three
1992 to May 1993 requests for emergency
factors that contribute to this trend: an
rent assistance rose by 40%.8' A "good
increase in the number of recently unem-
portion" of the 1350 pleas involved people
ployed individuals who need public assis-
who lost their jobs or saw their hours
tance; an increase in requests for public
drastically reduced after years of employ-
assistance; and a decrease in AFDC ben-
ment.81 The Department of Health and
efits.
Human Services reported that by June
To begin, many new members of the
1993, the number of AFDC families
welfare poor were part of the low-wage
work force until the recent economic topped 5 million for the first time ever.82
downturn resulted in the loss of their Nine months later, a record 15 million
jobs. In 1990, even before the recession people were receiving AFDC, including
hit with full force, 2.2 million Americans 10 million indigent children83 and single
permanently lost their jobs.68 Many more women who comprised 95% of the
people joined the ranks of the unem- adults.84 One of the country's leading
ployed once the recession began.69 By welfare experts, Democratic Senator
May 1991, 303,000 people had been out Daniel Moynihan of New York, noted
of work for more than twenty weeks and that one in three American children born
had thus exhausted their unemployment in 1980 and eight out of ten African-
benefits.7° Only 20% of these unem- American children will wind up on wel-
85
ployed people lived in states that offered fare.
extended federal benefits71 while the re- The increase in welfare needs occurred
maining 80% had to rely on welfare.72 As even in the country's most affluent states.
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Not in Anyone's Backyard
For example, in the five years from 1988 recently decreased the money available
to 1993, the AFDC caseload in California for their AFDC programs. In 1992, AFDC
grew 47%, which is more than four times benefits were cut more than in any year
faster that the state's population growth since 1981, and 43 states and the District
of less than 9%.86 Some of the most of Columbia either cut or froze the ben-
dramatic increases occurred in wealthy efits, despite a 3% annual increase in the
counties such as Orange County, which cost of living.98 In addition, many states Statisticald ata
had by far the highest growth rate among tightened the eligibility requirements for show that AFDC
the state's fifty-eight counties, and re- AFDC assistance.99 Because of changes benefits declined
corded a staggering 106% increase in in eligibility, only 58% of poor children in real terms over
caseloads since the 1988-89 fiscal year.87 received AFDC benefits in 1989, com- the past two
As of March 1994, more than 2.6 million pared with 81% twenty years earlier.00 decades.
Californians were receiving AFDC.88 Unfortunately, while AFDC benefits
have plummeted, housing costs have sky-
A final trend that is accelerating the
rocketed. 01 During the 1980s, the coun-
risk of homelessness for the welfare poor
try lost nearly 2 million units that rented
is the decreasing amount of available
for $300 per month or less. 02 In many
AFDC. After adjusting for inflation, di-
parts of the country, AFDC recipients
rect federal aid to cities to support pov-
are at risk of homelessness because of
erty programs has fallen more than 60%
unaffordable rent. As of July 1991, the
since 1981.89 According to a study re-
average maximum AFDC grant for three
leased on March 26, 1991, by the Food
people was $416 per month,0' 3 while the
Research and Action Center, a Washing-
average Fair Market Rent level for a
ton-based anti-hunger advocacy group,
two-bedroom apartment was $544 per
one in eight American children does not month.14 This means that the average
have enough to eat, largely because of
inadequate federal assistance programs.90 rent was $128 more than the maximum
AFDC grant.
Statistical data show that AFDC ben-
The disparity between AFDC grants
efits declined in real terms over the past
and Fair Market Rent is even greater in
two decades. Far from spinning out of
the more affluent states. For example, as
control, as of March 1994, AFDC pay-
of May 1994, California was paying the
ments, adjusted for inflation, declined
fourth highest level of benefits in the
46% since 1970.91 Between 1972 and nation-607 per month for a parent and
1991, AFDC benefits for a mother of two two children.10 5 However, the payment
children with no income declined by 41% was less than the Fair Market Rent for
in constant dollars.92 If the same mother two bedroom apartments in the major
earned $7500 per year, her benefits would California cities of San Diego ($711),
have declined 93% during the same pe- Oakland ($798), Los Angeles ($804), San
riod.93 Even after the value of non-cash Jose ($883), and San Francisco ($962). 106
benefits, such as food stamps, is counted, If cost of living benefits are taken into
average welfare benefits decreased an account, other states pay higher ben-
estimated 26% between 1972 and 1992.94 efits.'07 However, the lack of affordable
As of 1990, the combined benefits from rentals presents a nation-wide problem.
food stamps and AFDC amounted to only In New York City, as of January 1994,
72% of the poverty level in the median welfare recipients were paying rents ex-
state.95 In fact, for a family of three, the ceeding 150% of their shelter allow-
average monthly grant in 1990 was set at ance.108 Since 1988, New York welfare
$377, less than half the poverty level.96 payments have been frozen at a maxi-
The combined total from food stamps mum of $286 per month for a family of
and AFDC purchased 26% less in 1990 three while the median rent at the begin-
than it did in the early 1970s.97 ning of 1994 was $475 per month.109 The
To make matters worse, many states freeze led to a lawsuit by welfare recipi-
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ents who claimed that the allowance was "homeless," their only common denomi-
too low to prevent homelessness."10 In nator being their lack of a home."18 For
1990, the New York State Court of Ap- example, the "homeless" include women
peals ruled that the allowance must bear with children who are no longer able to
a "reasonable relation" to the cost of share an apartment with relatives, Viet-
housing."I Pending the decision of a nam veterans who bed down at shelters
Not only is the lower court as to whether the current at night and shine windshields during the
homeless allowance meets that standard, New York day, panhandlers, crack addicts, alcohol-
populationf ar City is paying higher allowances on an ics, and people who suffer from mental
more numerous emergency basis to some 16,000 families illness. 119
that were threatened with eviction and A report released by the Clinton Ad-
than once
112
homelessness. ministration in February 1994 attributed
estimated, the
part of the marked rise in homelessness
problems that
B. Homelessness in the United States to the emptying of mental hospitals and
accompany the increase in crack cocaine abuse.120
homelessness are The problems related to indigency and
Additionally, the decline in wages for
alsof ar more homelessness in the United States often
working Americans who lacked a high
go hand in hand. Two factors have con-
complex.
school education and the decrease in
tributed to this occurrence: (1) the in-
public assistance payments left many
crease in the homeless population; and
people unable to afford rent.121 As a
(2) the growing number of requests for
result, two pools of people who are at risk
emergency financial assistance for food
of becoming homeless were created. The
and shelter.
smaller, but more visible pool, includes
the drug addicts or the mentally ill;122
1. Increase in the Homeless Population
the larger, but often hidden group, con-
In 1984, the Department of Housing tains those suffering from chronic pov-
and Urban Development (HUD) re- erty who are plunged into homelessness
leased its first estimates of the size of the by a sudden crisis. 123 Indeed, a 1992 study
homeless population in the United States, of New York City's shelters revealed that
revealing that 250,000 to 350,000 people more than one-third of the single shelter
were homeless. 13 Over the past ten years, dwellers and two-thirds of the families
this number has increased ten-fold and it had become suddenly homeless during
24
is now estimated that as many as 3 the prior year.1
million people who live in the United Unfortunately, the population of home-
States are homeless.114 A draft of the less Americans includes an evergrowing
Clinton Administration's plan to end number of families. For the first time in
homelessness, released on February 16, the ten years of the 1993 Status Report,
1994, concludes that the problem is "far there were as many homeless families as
larger than commonly thought.""15 In there were homeless single men,125 with
May 1994, the Clinton Administration each group representing about 43% of
endorsed the estimate that 7 million the total homeless population.126 James
Americans were homeless at some point Scheibel, Mayor of St. Paul, Minnesota
between 1985 and 1990.'16 and Co-Chairman of the Conference's
Not only is the homeless population far Task Force on Hunger and Homeless,
more numerous than once estimated, the describes homelessness as having "many
problems that accompany homelessness faces" and stresses that "it is important
are also far more complex. All too often for Americans to understand that for
those on the poverty continuum who are every single homeless man they may
without homes are referred to as though encounter in the street, there is a mem-
they were a single discernible group. 117 In ber of a homeless family somewhere in
fact, many different kinds of people are their city needing the same help."' 27
lumped together under the rubric of Perhaps the most astonishing demo-
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Not in Anyone's Backyard
graphic is that nationwide there are more needs for shelter had declined over the
than 500,000 homeless children, 28 and years and was worse than at any time
every night 61,500 to 100,000 homeless since the surveys began in 1988.1" In the
children sleep in emergency shelters, wel- 1993 Status Report, two out of three
fare hotels, abandoned buildings or cars, cities reported that they could not pro-
or, even worse, they are exposed to the vide adequate food for those who re-
perils of the.open street.129 In addition, quested it.'45 Moreover, an average of
there are at least one million runaway 25% of shelter requests by homeless indi-
teens,130 who often go unnoticed as part viduals and 29% of requests by homeless
of the homeless population. Besides be- families were unmet. 146 Finally, every
ing too young to work legally or sign city surveyed expected requests for emer-
rental leases that could get them off the gency food to increase during 1994, and
street, these teenagers must confront all but three of the cities expected re-
both their inexperience and their prob- quests for shelter to increase as well. 147
able inability to handle the pressures of
living on the street. 131
Even in the country's most affluent C. The Not in Anyone's Backyard Responses
Against the Homeless and the Indigent
states, the homeless population is increas-
ing. California, for instance, enjoys the
ninth highest per capita income in the
1. Manifestations of the Not in Anyone's
United States; 132 yet, the California Right
Backyard Responses in Other Countries
to Housing Campaign estimated in 1990
The problem of homelessness, and the
that there were as many as 250,000
homeless individuals in the state.133 Of resultant Not in Anyone's Backyard re-
this number, approximately one-third sponse, is not, of course, limited to the
were members of homeless families.134 United States. Homeless people are in-
Although ranked only fourteenth in popu- creasingly seen begging in Paris subways,
lation size, San Francisco had the dubi- sleeping in Moscow train stations, and
ous distinction of having the highest camping in London parks. In other coun-
concentration of homeless people in the tries, homeless people suffer harassment,
United States.135 torture, and are even murdered. Indeed,
the continuing escalation of homeless-
2. Increase in Requestsf or Emergency ness and indigency in other countries and
FinancialA ssistancef or Food and Shelter the injuries that homeless people have
The increase in the homeless popula- sustained, should serve as a wake-up call
tion is linked to the increased number of to the dire consequences of trying to shift
requests for emergency financial assis- responsibility for the poor to someone
tance for food and shelter. The most else's backyard rather than dealing with
recent Status Reports reveal that re- the problem directly.
quests for emergency food rose by 22% in In Europe, hard economic times and
1990,136 26% in 1991,137 and 13% in the disintegration of nations have left
1993.138 Similarly, demands for emer- hundreds of thousands of people home-
gency shelter increased by 24% in 1990,139 less.148 Although exact figures are diffi-
13% in 1991,140 and 10% in 1993.141 The cult to obtain, European agencies that
1993 Status Report also revealed a 30% deal with homeless people report that
increase in the number of families with incidences of homelessness have risen
children seeking food and shelter. 142 since the mid-1980s.149 For example, as
Of even more concern, a significant num- of February 1992, Germany had 150,000
ber of cities could not meet the food and registered homeless people and about
shelter needs of their indigent citizens.143 250,000 people from outside Germany
In fact, the 1993 Status Report showed were seeking asylum, many living in shel-
that the ability of cities to meet families' ters while they waited for their cases to
VOLUME II, NUMBER 2 (SPRING 1995)
HeinOnline -- 2 Geo. J. on Fighting Poverty 168 1994-1995