Homes Not Handcuffs

Fighting the criminalization of homelessness in Austin, Texas

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Ordinances and policies that criminalize those who experience homelessness are a common practice in the US and exist in many cities across the country.  Falling asleep, standing still, sitting down, and many other actions are necessary for any human being’s survival. Yet, many in many cities across the country these life-sustaining behaviors are treated as  criminal acts when performed in public places by people with nowhere else to go.
According to the report of the National Law Center for Homelessness and Poverty, in a survey conducted in 2013, 74% of people experiencing homelessness reported that they do not know a place where it is safe and legal for them to sleep, more and more. The criminalizing trend had not skipped Austin. In Austin, sitting or lying down in the downtown Austin area and camping in public places anywhere in the city used to be was forbidden, and there were also different limitations on panhandling in place, targeting those who experience homelessness.

Alvis Sanderson, Gathering Ground actor testifying about how the No Sit / No Lie ordinance almost cost him his life

In winter of 2017, Gathering Ground created and performed  No Sit / No Lie, a performance  that brought out the impact of the criminalizing ordinances, and involved the audience in a process of envisioning more just policies and ordinances. It was evident that the ordinances impact the majority of those who experience homelessness in town, resulting in fines that they can’t pay and end up as unpaid tickets that turned into arrest warrants. For some others the fear of being arrested or harassed by the police caused them to look for a spot to sleep in dangerous places, pushing them to isolated locations where they can not ask for help if needed. For everyone, these ordinances clearly sent one insulting message: you are welcomed here, and we, the Austin community, want to push you to the outskirts of our vision so we don’t have to see you around.
In 2018, inspired by Colorado Right to Rest Act, Gathering Ground expanded its advocacy capacity for the homeless community beyond the stage. Together with other Austin based organizations: Grassroot Leadership, Texas Fair Defense Project, Austin DSA and others, we formed the Homes not Handcuffs coalition to push for decriminalization of people who experience homelessness in Austin.  For over a year, the coalition worked to advance the repeal of the ordinances. 
We toured No Sit / No Lie around different locations central to the homeless community to share our vision and to mobilize others who experience homelessness to fight for the repeal of the ordinances. 
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In March of 2018, in response to the lack of action taken by Austin city officials, the Grassroots Leadership Action Research Collective (ARC) and Gathering Ground Theater launched a participatory research project to gather information to elevate the stories and perspectives of the people being criminalized by the ordinances. The research culminated in a report that strengthened our existing understanding: the ordinances only impose another burden on those who are experiencing homelessness, making it harder for them to escape homelessness, perpetuating the crisis of homelessness and not offering any real relief or solution. 
Sharae Walker and James Mosley speaking at an Austin DSA panel on the criminalization of homelessness

Sharae Walker and James Mosley speaking at an Austin DSA panel on the criminalization of homelessness

Steve Harrell’s testimony at City Hall on the harm of the ordinances and their lack of effectiveness

In June of 2019, the Austin City Council voted to drastically modify the ordinances criminalizing homelessness in town. The ban on camping across town was changed to a ban on camping in a limited area downtown, or when it “endangers the health and safety of the individual or the public." The No Sit / No Lie ordinance was changed to a “ no obstructing” ordinance, and the ordinance limiting panhandling was replaced by one forbidding “aggressive confrontation,” thus not criminalizing the action of asking for money or other help from people on the street. 
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Steven Potter and Alvin Sanderson testifying at City Hall in favor of amending the three criminalizing ordinances.

Social Media Highlights

 

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Homes Not Handcuffs: How Austin Criminalizes Homeless

In March 2018, in response to the lack of action taken by Austin city officials, we launched a participatory action research project with the Grassroots Leadership Action Research Collective (ARC) to gather information about three city ordinances criminalizing sitting and lying, camping, and soliciting for Austinites experiencing homelessness. The project sought to elevate the stories and perspectives of people being criminalized by the ordinances.