Friday, December 24, 1999
Federal judges bans arrests of homeless
But police allowed to remove from streets
The Associated Press
CLEVELAND — A federal judge issued a temporary restraining order late Thursday to prevent police from arresting homeless people sleeping in some parts of the city.
However, the judge allowed police to continue removing the homeless from a downtown area that includes Public Square, where five people protesting the new policy were arrested early Thursday after refusing to leave a makeshift tent village.
The American Civil Liberties Union filed a lawsuit Thursday in response to the arrests.
Mayor Michael R. White announced late last month that police would step up enforcement aimed at panhandlers and street crime, but advocates for the homeless say the crackdown is actually aimed at the city's estimated 3,000 homeless people.
Mr. White's move followed an announcement by New York Mayor Rudolph Guiliani that street people who refuse to move along when ordered by New York police would be arrested.
The ACLU lawsuit, filed on behalf of four homeless men in Cleveland, alleges that by preventing homeless people from sleeping on city property, the city violates the Constitution.
“The people who end up on city streets are using steam grates just to stay alive,” said Ray Vasvari, the ACLU's Ohio legal director. “The action by the city criminalizes homelessness.”
City Safety Director Henry Guzman said the people arrested Thursday morning didn't have a permit to be in the park and their heaters posed a safety risk.
“It is clear that the city's enforcement effort is not only legal, it is humanitarian,” said Law Director Cornell Carter.
City and ACLU officials met Thursday, but were unable to come to an agreement that would have prevented filing of the suit.
“The people who end up on city streets are using steam grates just to stay alive,” said Ray Vasvari, the ACLU's Ohio legal director. “The action by the city criminalizes homelessness.
“The city is using a sidewalk-obstruction ordinance ... and a disorderly conduct ordinance. But it's hard to engage in disorderly conduct if you're sleeping,” he said.
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