No ground to stand or sleep on
We hate to say we told you so, but we told you so.
For more than a year, we've written stories predicting that once Fort Lauderdale's infamous Tent City came down, the city would again have homeless people sleeping in city parks, leaving officials with the dilemma of what to do with them.
Last week, when the $9.5 million Homeless Assistance Center reached capacity, that's exactly what happened.
In an apparent attempt to follow a federal judge's ruling on a landmark Miami case, Fort Lauderdale police initially announced that they would suspend park rules that prohibit people from being in city parks at night. The rule suspension would allow homeless people to sleep in city parks or at the beach without fear of arrest.
Less than a day later, as phones in City Hall rang nonstop with calls from outraged homeowners, city officials backpedaled vigorously and said no one would be allowed in their parks after hours to sleep or do anything else.
Homeless men and women and their advocates question whether the city is treading on shaky legal ground. Mayor Jim Naugle, however, is unconcerned.
"The Pottinger decision was based on Miami not having any servoces for the homeless," he says, referring to the landmark Miami case in which U.S. District Court Judge Clyde Atkins ruled that cities should provide "safe zones" for the homeless. "Because we have a continuum of care, we're OK. No safe zone is needed."
Others, however, have different interpretations of Atkins' decision. In addition to originating the idea of safe zones, loosely defined as areas where the homeless can go without fear of arrest, Atkins also ruled that the homeless shouldn't be arrested for what are known as "life-sustaining activities." Sleeping, it would seem, would qualify.
Already, public interest lawyers are closely watching the city's actions. At least one homeless man has begun researching city records. Richard Courtney, who sued the city in hopes of keeping Tent City open until city officials pledged not to harass the homeless, has found one case in which a homeless man was arrested simply for simply sleeping at the beach. He suspects there are others. Any one of them could become Fort Lauderdale's equivalent of Pottinger.
So, after spending $9.5 million in public and private money, it seems the city is right back where it started, and to many, a lawsuit may be the only way to resolve the issue.
The homeless and their advocates say the most logical way to resolve the problem and avoid lengthy and expensive legal fights would be for the city to establish an emergency shelter. Unlike the Homeless Assistance Center, which is tightly regulated, a shelter would simply be a place where homeless people could go to sleep, eat and stay out of the weather and the public eye.
But Naugle closes the door quickly on talk of an emergency shelter. "We are not interested in having another Tent City or safe zone in our city," he says with authority.
We suspect it's just beginning - again.