The Grapes of Bruce

Things picked up in 1996 right where they left off, with the city council passing an ordinance that seems destined for lengthy and costly court challenges. In addition to those flaws, critics say the mayor's new "anti-homeless" ordinance may tie up the city municipal court docket with scores of new Class C offenders, creating additional taxpayer burdens. Indeed, the ordinance is so awash with problems that half the councilmembers responsible for it admitted that it wasn't a solution.

"I don't feel comfortable with this ordinance. There's a better solution somewhere," said Gus Garcia, who nonetheless joined Max Nofziger, Ronney Reynolds, and of course, Mayor Bruce Todd last Thursday in voting to make it illegal to sleep and camp in public places. Jackie Goodman voted "No," Eric Mitchell abstained, and Brigid Shea was absent.

Former transient and flower trafficker Nofziger also said the ordinance wasn't the "solution." In fact, in an attempt to defend his vote, Nofziger served up a list of points that seemed more like arguments against the ordinance: "We have a housing shortage. We are in a situation where you may not be able to find housing. [This ordinance] is not very satisfying, frankly. This is a negative enforcement approach."

So why do it? "I heard from the community," said the outgoing councilmember.

The community to which Nofziger refers probably watched Thursday's council meeting from their homes or workplaces; two representatives of the Downtown Austin Alliance (DAA) were the only supporters of the encampment ordinance who appeared to speak at last week's meeting. Jose Martinez, head of the DAA, promised that the ordinance would keep businesses from fleeing the central city. The other DAA rep called the new law a "moral victory" for Austin's business community.

On the other side of the debate, a homeless woman called "Mother Love" and another two dozen homeless or homeless supporters wielded protest signs and angry faces. They charged the council with class discrimination and unconstitutional tendencies. Many speculated on the law's potential costs to the city's enforcement system -- when it goes into effect on January 15, thousands of Austin's homeless will be subject to arrest. Since the city has less than 500 shelter beds, that means as many as 5,500 homeless could get treated to a $70-a-day-jail stay. The San Francisco Coalition on Homelessness, which opposes a similar law recently passed in its city, estimates that authorities there have spent 5,280 hours and $160,000 a month enforcing it.

But the mayor didn't let such figures squelch his determination. "We don't back down from law enforcement because it costs money," he said after the vote. "And we will enforce the law."

Opponents promised it would be challenged. Carl Hickerson-Bull, who intends to vie for Nofziger's seat this spring and is a flower salesman himself, summed it up best: "The ordinance is impossible to enforce equally, which is the test of all laws in our society."

Similar "anti-homeless" laws that criminalized sleeping in public, passed in 1992 in Miami and in 1994 in Dallas, have already flunked that test -- both were found unconstitutional at the district court level. (The Miami case is on its way to an appellate court.)

The courts ruled that, as in Austin, the cities didn't enough have enough homeless shelters to serve the entire homeless population. Thus, many homeless had no choice but to live in public, and of course, carry out life-sustaining acts, like sleeping, in public.

Austin's new law, however, while it prohibits sleeping in public, focuses on homeless camps and laying down bedding to sleep. That's the key difference, says Deborah Thomas, a city attorney who wrote the law. "Our new one attempts to narrow in on not just sleeping. It's a living accomodations test."

Still, a ruling on whether such materials are essential to sustaining life has not been made and Thomas acknowledges that a case against the city could go either way. "We don't have anything to say, one way or the other," says Thomas.

A legal challenge could come soon. "We'll defend ourselves," said Richard Troxell, president of House the Homeless. "If it takes a lawsuit, that's what we'll do." The group has already drafted a defense packet to present to the homeless when they're arrested, but is short on the cash needed to create more.

If the law is challenged, a proposition by Nofziger could remove Troxell's argument that the city doesn't have enough facilities to shelter the homeless. Nofziger's ordinance would allow religious organizations to be exempt from Drainage Utility fees if they provide sleeping quarters for the homeless. Nofziger pulled the proposal from last week's agenda, however, perhaps because Shea's absence may have meant a deficiency of "Yes" votes.

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The council also unanimously agreed to accept a $175,000 grant from Public/Private Ventures, a non-profit that seeks to encourage positive youth development. The city and Austin Interfaith, a coalition of religious groups, will participate in a joint venture that will spend the funds according to a Youth Charter, developed last year by neighborhood residents of East and South Austin. It calls for 500 youth to do community service and neighborhood improvement projects, such as installing security lights on the homes of elderly residents. The target neighborhoods are represented by the school zones of Zavala, Metz, and Sanchez elementaries.

The grant money wasn't even accepted before Lori Renteria, of the United East Austin Council, demanded that six neighborhood-appointed reps sit on the steering committee that will implement the plan. Garcia, sponsor of the motion, said he'd amend the ordinance to have the city manager "look into" to Renteria's request. She shouted from the audience that that wasn't acceptable. The mayor fired back that yes, it was. Eric Mitchell requested that she explain her reasoning. She argued that the committee is stacked with representatives who were hand-picked by Austin Interfaith. Garcia agreed to amend the resolution, adding three additional slots to the committee.

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This week in council: Mitchell will call for a moratorium on at least $2 million in funds from the city's housing department that haven't yet been authorized for spending by the council. Mitchell says the housing department needs direction. Also, Nofziger's proposal to cut Drainage Utility fees for churches providing housing for the homeless will return.