2021/03/03 Council Agenda Packet

CEREBRATE LAW, PLLC resolve this case; it need only hold that the Eighth Amendment outlaws the punishment of unavoidable conduct that we know to be universal. Moreover, unlike the hypothetical hard cases that concerned the Powell plurality, the conduct at issue in the instant case is entirely innocent. Its punishment would serve no retributive purpose, or any other legitimate purpose." "Regardless of the causes of homelessness, individuals remain homeless involuntarily, including children, families, veterans, and individuals with physical and mental health disabilities. Communities nationwide are suffering from a shortage of affordable housing. And, in many jurisdictions, emergency and temporary shelter systems are already underfunded and overcrowded.... Criminalizing public sleeping in cities with insufficient housing and support for homeless individuals does not improve public safety outcomes or reduce the factors that contribute to homelessness." "Criminal records can create barriers to employment and participation in permanent, supportive housing programs. Convictions under these municipal ordinances can also lead to lengthy jail sentences based on the ordinance violation itself, or the inability to pay fines and fees associated with the ordinance violation. Incarceration, in turn, has a profound effect on these individuals' lives.... Thus, criminalizing homelessness is both unconstitutional and misguided public policy, leading to worse outcomes for people who are homeless and for their communities." The United States Interagency Council on Homelessness has released numerous resources that seek to end criminalization of homelessness by state and local governments. The USICH notes "[r]ather than helping people to regain housing, obtain employment, or access needed treatment and service, criminalization creates a costly revolving door that circulates individuals experiencing homelessness from the street to the criminal justice system and back." A 2016 report on criminalization from USICH states that "[r]ather than passing laws and pursuing practices that criminalize behaviors associated with homelessness, such as camping, public sleeping, sitting on sidewalks, or soliciting money in public, we must adopt constructive alternative policies and practices that put people on a path to stable housing. Communities should offer alternatives to criminalization by creating comprehensive and seamless systems of care; collaborating with law enforcement, health and behavioral health, and social service providers on outreach and engagement and coordinated entry and assessment efforts; and developing strategies that provide alternatives to prosecution and incarceration." The City of Everett must treat the local members of the houseless community as members of the community. The arbitrary exclusion of houseless individuals from equal protection under the law and from obtaining housing is inexcusable. Such a measure will not benefit anyone locally and will waste precious resources on policing and incarceration while further degrading the justice system and its ability to serve everyone in the community equally. Sincerely, Spencer Baldwin Managing Attorney Cerebrate Law, PLLC Spencer@cerebrate.us Re: Council Bill 2102-06 Page 3