Homeless Exclusion Districts: How California Business Improvement Districts Use Policy Advocacy and Policing Practices to Exclude Homeless People From Public Space (2018)
Business improvement districts (“BIDs”) are private groups funded by local property assessments that play an increasingly large role in managing public space in California cities. First authorized by state law in the 1960s to help revitalize struggling urban areas, BIDs have grown considerably in number and influence, especially since 1994 when the State Legislature reduced public oversight of BIDs and expanded their assessment and spending authority.
Today, approximately 200 California BIDs collect hundreds of millions of dollars annually in compulsory property assessment revenue, which they spend on a wide range of activities. Researchers and policymakers have paid little attention to the rise of BIDs and their growing influence on municipal and state affairs. BIDs typically are located in downtown areas where businesses are concentrated. These same areas in California often have a high concentration of homeless people, including many people who are unsheltered.
In this report, we share research findings about the relationship between California BIDs and the criminalization of homelessness. Our key finding is that BIDs exclude homeless people from public spaces in their districts through policy advocacy and policing practices. BID involvement in social services is experienced by homeless people as an additional form of surveillance and harassment.
Our findings raise several legal concerns. When BIDs spend property assessment revenue on local and statewide policy advocacy, they may violate California law. BID spending on policy advocacy with revenue from assessments of publicly owned properties raises special statutory and constitutional concerns. Further, BID policing practices may violate the legal rights of people experiencing homelessness and expose BIDs to criminal liability.
The findings and legal concerns inform several key recommendations, spelled out in more detail in the report. First, the State Legislature should amend state laws that grant BIDs broad authority to collect and spend property assessment revenue and to operate largely independent of government oversight. Second, city governments should provide more careful scrutiny and regulation of BID activities within their jurisdictions. Finally, BIDs should assume greater accountability to all district residents and visitors.
Making Families Pay: The Harmful, Unlawful, and Costly Practice of Charging Juvenile Administrative Fees in California (2017)
While regressive and discriminatory criminal justice fees have been described and critiqued in the criminal justice system for adults, this is the first in-depth study of the practice of charging families for their children’s involvement in the juvenile justice system in a state (California).
Our research reveals that juvenile administrative fees undermine the rehabilitative purpose of the juvenile system. They cause financial hardship to families, weaken family ties, and undermine family reunification. Because Black and Latino youth are overrepresented and overpunished relative to White youth in the juvenile system, families of color bear a disproportionate burden of the fees.
Some counties charge juvenile administrative fees to families in violation of state and federal law. Most counties net little revenue from the fees. Because of the high costs and low returns associated with trying to collect fees from low-income families, most of the fee revenue pays for collection activity, not for the care and supervision of youth.
Fee debt can cause families to spend less on positive social goods, such as education and healthcare, which imposes long term costs on families, communities, and society by prolonging and exacerbating poverty.
In light of our findings that fees are harmful, unlawful, and costly, we make the following recommendations to California policymakers:
- To end their harmful impact on youth and families, the state should repeal laws that permit the assessment and collection of juvenile administrative fees.
- To redress unlawful practices, counties should reimburse families for all payments they made on improperly charged juvenile administrative fees.
- To understand the consequences of costly practices like juvenile administrative fees, the state and counties should collect and maintain better data in the juvenile system.
California's New Vagrancy Laws: The Growing Enactment and Enforcement of Anti-Homeless Laws in the Golden State (2016 Update)
This report updates our 2015 study on the enactment and enforcement of anti-homeless laws in California with new ordinance data from cities and updated arrest data from the FBI’s Uniform Crime Reporting Program. We find that California cities are enacting and enforcing anti-homeless laws in record numbers. In contrast with historical post-recession trends, arrests of people who are homeless continue to rise in spite of an improving economy. Further, cities appear to be arresting people increasingly based on their homeless status as opposed to any concrete unlawful behavior.
High Pain, No Gain: How Juvenile Administrative Fees Harm Low-Income Families in Alameda County, California (2016)
National attention is focused on racial and economic discrimination in the criminal justice system. Racially disproportionate interaction with the system leaves people of color with significantly more court-related debt. While criminal court debt has been described and condemned in the adult system, this issue has received virtually no attention in the juvenile system, where fees undermine rehabilitative goals.
This report presents research findings about the practice of assessing and collecting fees on families with youth in the juvenile system in Alameda County, California. The County charges these fees to thousands of families who are already struggling to maintain economic and social stability, and the financial burden appears to fall most heavily on families of color. Although the fees are supposed to help the county recoup expenses, its own data suggest that the County barely recovers the most direct costs of collection.
The report calls for an immediate moratorium and repeal on the assessment and collection of these regressive and racially discriminatory fees (NB: On March 29, 2016, the Alameda County Board of Supervisors imposed a fees moratorium and asked the relevant county departments to prepare for a full repeal by June 28, 2016).
California’s New Vagrancy Laws: The Growing Enactment and Enforcement of Anti-Homeless Laws in the Golden State (2015)
Vagrancy laws conjure up a distant past when authorities punished people without a home or permanent residence. Whether the objects of pity or scorn, vagrants could be cited or jailed under laws selectively enforced against anyone deemed undesirable. Although such laws have generally been struck down by courts as unconstitutionally vague, today’s “vagrants” are homeless people, who face growing harassment and punishment for their presence in public.
More than one in five homeless people in the country lives in California, and two-thirds are unsheltered. The state legislature has done little to respond to this widespread problem, forcing municipal governments to address homelessness with local laws and resources. Cities have responded by enacting and enforcing new vagrancy laws — a wide range of municipal codes that target or disproportionately impact homeless people.
Through extensive archival research and case studies of several cities, the report presents detailed evidence of the growing enactment and enforcement of municipal anti-homeless laws in recent decades as cities engage in a race to the bottom to push out homeless people. It concludes with a call for a state-level solution to end the expensive and inhumane treatment of some of California’s most vulnerable residents.
U-Visas for Immigrant Victims of Hate Crimes: A Practice Guide for Advocates (2014)
Immigrants — and LGBT immigrants in particular — are especially vulnerable to hate crimes. If immigrant victims of hate crimes cooperate with authorities in the prosecution of their perpetrators, they may be eligible for U Visas. But many immigrant victims, advocates and certifying agencies are not aware that hate crimes can be qualifying crimes for U Visa purposes.
While there are general U Visa practice manuals, this short guide is designed to assist advocates representing immigrant victims of hate crimes, including:
- information about the U Visa, including qualifying (enumerated and non-enumerated) crimes;
- a description of hate crimes and how they can constitute qualifying crimes for U Visa purposes;
- best practices for representing immigrant victims of hate crimes, including how to identify non-enumerated hate crimes, obtain certification of such crimes, and draft a supporting declaration; and
- sample U Visa forms and other advocacy resources.
Model Fair Debt Buying Practices Act (2014)
The Model Fair Debt Buying Practices Act would regulate the activities of a person or entity that has purchased charged-off debt. It would establish clear procedures, minimum documentation requirements, and affirmative obligations before a debt buyer can: (1) contact a debtor, (2) initiate a lawsuit, and (3) obtain and collect on a judgment. The Act will help to curb some of the worst abuses in the debt buying industry, ensure that consumers are not forced to pay debts they do not owe, and reduce frivolous lawsuits in state courts.
The report was prepared by clinic students for ALICE/State Information Exchange and submitted during the notice and comment period on proposed debt buyer regulation to the Consumer Financial Protection Bureau in February 2014.
Financial Costs for Youth and their Families in the Alameda County Juvenile Justice System: A Guide for Advocates (2014)
This manual was prepared by law school clinic students for lay advocates assisting youth and their families in Alameda County’s juvenile justice system. In addition to court-ordered restitution (to repay victims for economic loss) and restitution fines (which go to the California State Restitution Fund), youth and their families are assessed fees for things like juvenile hall, probation supervision, drug testing, GPS monitoring and public defenders. The manual describes these costs and how to mitigate their impact on low-income youth and families already struggling with the burdens of court involvement and poverty.
Recommendations to Promote Horizontal Integration in California (2014)
This report sets forth a set of concrete recommendations asking the State Legislature to leverage the state’s health insurance marketplace, Covered California, to link health insurance applicants with other benefits for which they may be eligible. Given the Affordable Care Act’s emphasis on “horizontal integration” and streamlined applications, it is fitting for California to push ahead on reforms that will make it easier for families to take advantage of necessary supports.
The report recommends increased data sharing between several programs, modernization of program rules, as well as additional research and study.
The Obamacare Opportunity: Implementing the Affordable Care Act to Improve Health, Reduce Hardship, and Grow the Economy for All Californians (2013)
States are implementing the Patient Protection and Affordable Care Act (ACA), which will expand health coverage to tens of millions of Americans. At the same time, many states, including California, have low participation rates among eligible individuals and families in key safety net and work support programs. This policy report, written on behalf of the Next Generation, describes how California can take advantage of ACA implementation to increase access both to health coverage and to vital public benefit programs.
Does Sit-Lie Work?: Will Berkeley’s “Measure S” Increase Economic Activity and Improve Services to Homeless People? (2012)
In November 2012, Berkeley voters will decide whether to enact Measure S, an ordinance that would ban sitting on public sidewalks during business hours in the City’s commercial districts.
Proponents of the “Civil Sidewalks Ordinance” – called “Sit-Lie” in the municipalities which have enacted such laws in recent years – argue that it will: (1) increase local economic activity (“saves jobs”), and (2) improve services to homeless people (“helps people”).
To test whether Sit-Lie laws deliver on these promises, we reviewed data on economic activity and homeless services in other Sit-Lie jurisdictions nationally, statewide and locally; surveyed community organizations, municipal human services and economic development agencies, business groups and police departments in more than a dozen Sit-Lie jurisdictions, including seven in California; and consulted local stakeholders about implementation challenges and opportunities.
Although there are limits to the data gathered – and more research needs to be done to answer these questions with more precision – we report multiple findings with no meaningful evidence to support the arguments that Sit-Lie laws increase economic activity or improve services to homeless people.