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12-20-17 Health and Public Safety
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12-20-17 Health and Public Safety
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City Council - City Clerk
City Council - Document Type
Committee Mtg Minutes
City Counci - Date
12/20/2017
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There is nothing that prevents a homeless person from living under a viaduct if that is their <br /> choice. The rights of the homeless include the right to be free from oppression in that regard. <br /> This is only a starting point and is designed to raise consciousness of the problem. <br /> He went on, As previously mentioned,the first Homeless Bill of Rights was enacted in Rhode <br /> Island in 2012. Prior to that in 1998, Puerto Rico enacted a very comprehensive Bill of Rights <br /> and they are quoted in the memorandum. Puerto Rico is a little bit different than the rest of the <br /> States because in the territory's constitution,homelessness or housing status is a suspect <br /> classification. This means they are entitled to additional rights simply because they are a suspect <br /> class such as being a minority. Ordinances or laws against a suspect class are subject to more <br /> scrutiny than any other class. The Puerto Rican Bill of Rights is very extensive and it grants <br /> many rights that no other Bill of Rights has granted. To be honest, I have not found any writings <br /> describing what effect the Puerto Rican Bill of Rights has had. I don't know if it has been a <br /> success,but it is very comprehensive. Rhode Island was the first state to enact a Bill of Rights in <br /> 2012 and it is their model that most cities and states have followed when enacting their own Bill <br /> of Rights. He then expounded the rights vested in Rhode Island's Bill of Rights. All in all there <br /> are seven(7)basic rights. There is a right to use and freely move in and around public spaces in <br /> the same manner as any other person without discrimination on the basis of housing status. There <br /> is a right to equal treatment of State and Municipal agencies without discrimination on the basis <br /> of housing status. There is also a right not to face discrimination in seeking or maintaining <br /> employment due to his or her lack of permanent mailing address, or the mailing address being <br /> that of a shelter or a social service provider. There is a right to emergency medical care free from <br /> discrimination based on his or her housing status. There is a right to vote, register to vote and <br /> receive necessary documentation to prove identity for voting without discrimination based on his <br /> or her housing status. There is a right to protection of disclosure of his or her personal records of <br /> information that are given to homeless shelters and other service providers without proper legal <br /> authority. <br /> He continued, There is a HIPA law where certain health information is protected from disclosure <br /> to essentially anyone without a waiver of confidentiality. Lastly,there is a right to reasonable <br /> expectation of privacy in his or her personal property. This means if you are staying under a <br /> viaduct or in a park, you have a right of privacy that someone,while you are gone, is not going <br /> to root through your belongings. Connecticut follows closely behind Rhode Island in passing a <br /> Homeless Bill of Rights. What is significant about Connecticut's is that it identified who the <br /> Statute was aimed at. There has been an emphasis throughout all cases on the right to rest in <br /> public spaces and the right to protect oneself from the elements in a non-obstructive manner. <br /> There is also a right to eat, share, accept or give food in any public space where food is not <br /> prohibited. Some municipalities had enacted ordinances that made it illegal to give food to <br /> homeless individuals. There is also an explicit right to occupy a motor vehicle provided the <br /> vehicle is legally parked on public property or private property with permission by the property <br /> owner. These rights, as you can see,were enacted to address the wrongs that were imposed by <br /> many municipalities across the country. <br /> He went on, Indianapolis has a different kind of model. Indianapolis battled with a Homeless Bill <br /> of Rights between their Council and their Mayor for three (3) or four(4) years. Indianapolis did <br /> try to pass a Homeless Bill of Rights similar to Rhode Island's. Though it passed their Council, it <br /> 3 <br />
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