Where I live in Bozeman, Montana, the City
Commission and many residents have been discussing proposed Ordinance 2147, “
Adopting
Regulations for Camping on City Right of Way.” Discussion centers on how much
residents should tolerate people who live in vehicles parked on city streets as
well as reasonable regulation of urban camping. Even some who work as homeless
advocates have claimed that the city is reasonable to consider these regulations.
For example, Bozeman’s Human Resource Development Council (HRDC) Housing
Director Brian Guyer
stated
recently:
“I understand that the issue of
urban camping is complicated, and I don't want to get in a situation where we
are trying to arrest our way out of homelessness,” Guyer said. “The city needs
a tool to enforce parking regulations to enforce some rules around urban
camping. So, I appreciate the empathy and the humanity that they’ve sort of
introduced with this ordinance. I support it. I think that you know, it helps
the city to maintain, you know, hygiene standards.”
And even where some, such as Executive Director of Family
Promise Christel Chvilicek, have argued that the five-day parking limit
proposed by Ordinance 2147 is too harsh, she and Guyer agree that perhaps a
14-day limit would be a “much more reasonable expectation” (Guyer).
On the political right, predictably, there is much
consternation over having to do anything at all to accommodate unhoused people
and general frustration that the liberal Court of Appeals for the Ninth Circuit
has forced this situation on Bozeman at all by ruling
in a case in another city that urban camping cannot be outlawed when there
is not an option of shelter for all the residents who want it. Officially,
according to the Bozeman
Code, camping on public property is not permitted, and so the Code does not
currently comply with the ruling. That sounds absurd to those who have no
sympathy for people often equated with “bums,” “deadbeats,” or “thugs.” Many of
them believe that the proposed ordinance is too kind to unhoused people.
Now, let me be unequivocal. I am against Ordinance 2147 as
well as any other proposed ordinance that restricts camping. I am especially against
one that makes it harder for people, no matter their circumstances, who do not
have shelter, and I am against any approach to people that does not begin with
mutual respect.
One undiscussed aspect of the proposed ordinance troubles me
a lot. The “Definitions” section of the proposed ordinance defines
“involuntarily homeless”:
“Involuntarily homeless” means a
person that does not have the means to acquire their own shelter and who does
not otherwise have access to shelter or transitional housing.
The reason for this definition is to help the city become
compliant with the court ruling, which actually offers no legal protection for
being homeless. Rather, it only protects an unhoused person when that person
cannot acquire their own shelter or get access to temporary or emergency shelter
(such as HRDC’s Warming
Center). And by shelter, tents on public lands or vehicles legally parked
do not count!
Yet, why is that the standard? That is, why is it the
standard for our tolerance of homelessness that we will only accommodate those
people who have no choice but to be homeless? We know that the city has only
proposed this definition because it has been forced to by the Federal Court,
but nothing the Federal Court has ruled forbids us from going beyond the bare
minimum. We could legally – and certainly ethically – increase our tolerance
standard.
Splitting our homeless population into those who are
voluntarily homeless from those who are involuntarily homeless moralizes a convenient
legal category for the city. First, it suggests that everyone who can find a
home in our town is legally expected to find a home or shelter, and secondly it
suggests we will only grudgingly tolerate those who cannot through at best
highly restrictive rules on where they can live, for how long, and under what
conditions. And since we regulate every other aspect of living – what
homeowners and tenants can and cannot do – the city surely thinks this is a
reasonable measure to meet other priorities of the community, such as “parking
regulation” and “you know, hygiene standards.”
However, on what basis do we as a society or city have for
insisting that people who could have shelter should have shelter? We certainly
know a lot of people agree with insisting on this. Many posts in local online
forums and articles
have displayed some sympathy for anyone who really has no choice in a city with
runaway housing prices and rents, but they have just as regularly shown no
sympathy for those who have chosen that lifestyle or who at least prefer it to
the alternative. Other upset housed residents cite unhoused people as often
criminals, who live in unsanitary conditions, suffer from mental illness, use
drugs, drink too much, and are regularly unemployed. They express disgust at
having neighbors from a different economic class than perhaps they thought they
were buying into.
We could argue endlessly about the soundness of these
claims, but I plan to take a different tact. I want to challenge the line of
thinking that has no sympathy for “voluntary homelessness” on two grounds. The
first ground is to demonstrate that there is no sound moral argument for
believing that living in a permanent shelter – that is, a home – makes one a
better person than someone who chooses not to. The second ground is that the
problems that inevitably arise from respecting homelessness as a valid choice
for life should not be solved by ordinance and enforcement. Rather, we will go
a lot further with community-based approaches rooted in mutual respect.
To make this case, let us first dispense with treating “the
homeless” as a class of people. While the law wants to divide being homeless
into two classes – involuntary and voluntary – classifying a group as “the homeless”
is dangerous. For example, if we ask, do the homeless act in undesirable ways
within our community? Of course, if we ask it that way, we are bound to treat
the question as though we are on a scale. Some will tell anecdotes of all the
things they have directly experienced that they find undesirable. Then, as a
result of these bad experiences, this being true of at least one or some people
within the class of “the homeless,” the negative characteristics then become
applicable to the entire group of people. So, they will say, “The homeless use
drugs, commit crimes, suffer from mental illness, steal, and are lazy.” Of
course, we could just as easily say the same things about "the homed"
by picking out examples of housed people who have all of these same traits.
We should therefore be precise and not speak of a class of
people who are “the homeless.” Nothing about being unsheltered makes someone complicit
in the socially undesirable acts of another unsheltered person. Rather, there
are individuals who do not have shelter and who may also exhibit undesirable
qualities. We can, if we insist, attach the adjective “homeless” to that
individual, though there are other reasons outside the scope of this essay to
question even that, but attaching a judgment to an entire class of people, such
as the homeless, is unjust and arises from a fallacy. It is much the same
fallacy that arises in racism, where the actions of some people have often been
unjustly applied to a whole class of people.
So, if being homeless at best applies to individuals and not
to classes of people, is there any reason at all to socially denigrate people
who do not have shelters or to lift up people who do? That is, is there
something socially or morally better about finding permanent shelter? What I am
getting at is the core of my assertion, that we should not be treating people
who choose homelessness as worse than those who are so involuntarily or from
people who have permanent shelter.
Many have written about how having – and especially owning –
a home is a key to happiness, while others have argued against it. If we look
at things simply, however, does anything about living in a permanent shelter
make a person morally superior or better than a person who does not –
regardless of circumstance? Try as I might, I can see no contradiction in the
proposition, “I do not live in a home, and I am a good person.” And I see none
in “I chose not to live in a home, and I am a good person.” Or “I live in a
home, and I am not a good person.” In each case, those statements might be
true. Nothing makes them automatically false. The phrase “live in a home” adds
nothing to the moral equation. There are certainly advantages to living in a
home. It protects us from elements, it keeps us in good graces with the Bozeman
Code, and we may also receive some mental health benefits. No one is arguing
that for many people, living in a home is not more desirable. However, that by
itself does not make it a morally better choice for all people in all
circumstances. We can easily imagine people who will thrive more not living in
a home. Take, for example, the experience reported by the travelers portrayed
in the movie Nomadland. All lives have hardships, but were
these people all worse for having not lived in a home even though many of them
chose that way of life?
If we are not treating “homeless” as a class and can find no
contradiction for all people in the proposition, “Choosing to be homeless might
be better for me,” then we simply have no moral grounds to restrict it taken by
itself.
Let us consider a more nuanced objection.
It may be that by itself homelessness can be a sound choice
for some people, but what if there are social reasons to restrict it? Perhaps, the
collective problems created by tolerating people who have no shelter interfere
with other values that the city might hold dear, such as having enough parking
on side streets and sanitation standards? Even if we admit that we should not
criminalize homelessness whether taken as a class or taken individually,
perhaps we must when considering all the varied needs of a community.
We cannot deny that conflicts arise. If two people want to
stand on the same spot, only one can occupy it, and often there is no better
reason for either person. If I have a house with a lawn, it is true that I
might rather have that parking space open than occupied by someone who is now
living in it. I live in an apartment, and I admit I am always happy when my
neighbors move away and therefore provide me those few days where I do not have
to worry whether I or they are making too much noise. By the very nature of any
two beings, we often observe conflicting desires. The life killed for our food
may not have wanted to die. A person we fall in love with may not love us in
return.
The question here, then, is a much harder question. While
many succumb to the fallacy that there is an inherent problem with homelessness
either defined as a class or at an individual level, most people have issues dealing
with conflicting values. Maybe we shouldn’t treat all unsheltered people as a
class, but perhaps the cumulative effect caused by homeless people collides
with other values we hold dear. We may, then, need to treat people as a
collective class – that is, “the homeless” – to promote a more important
community need, or so the argument goes.
Desires indeed clash in our community, and yet on what basis
do we as a city and society pick winners? No doubt the answer many will give is
that we live in a representative democracy, and these issues are settled at the
ballot box by the majority of voters or at least by the majority of the
representatives who make up the City Commission. Right and wrong is simply
determined by the agreed upon social contract, which in our case has some
version of majority rule.
However, do we need to make decisions that way, and should
we make decisions that way when it comes to conflicts between people, some of
whom have permanent shelters and some of whom do not? Should it be government
and majority rule that determines whether people should be mandated, where
possible, to find shelter and the conditions under which they are allowed not
to?
While I personally would challenge the legitimacy of our
city government or any other government under any system to justly decide this,
we do not need to go that far in this case. Instead, we can simply ask whether
there is a better way for resolving conflict between people than an ordinance
that applies the same standard to all people. For example, what if I want
people living outside my home or do not mind if they erect tents on it? What if
I am okay with someone in a van living indefinitely on the curb outside my
home? What if my neighbors all agree with that? That is, what if problems could
be solved, perspectives listened to, and a range of options consented on
without asking the city government to determine that for us?
In our society, when there is a problem, people are quick to
call the police. Many ask what the government is going to do about this problem
or that one. It is a wonder we do not call the police or our congressman to
help us know what to cook for dinner or the best place to get gas. People
living outside our homes are our neighbors. They have every bit the same moral worth
to be who they are as we do who live in homes. That is, all people simply by
nature of being people are worthy of respect. And yes, we all have conflicting
needs or desires. Is it better that we bring about the power of the law and the
use of force to deal with our conflicts, or might we actually come together as
neighbors and communities to meet and discuss and then come up with solutions
to our issues? In some cases, it might be better for neighbors living in vans
to move to another more welcoming neighborhood. In others, it might make a lot
of sense for us to deal with the inconvenience of fewer parking spots and a
more challenging garbage situation just so people can have a consistent place
to sleep at night. Breaking down the walls between people and going beyond the
circumstances (homeless versus homeowner versus tenant) can only be beneficial.
Yes, it is true in our society that we can often be very bad
at communicating or knowing how to solve problems between people. We can be
really bad at solving our own problems and even worse at handing those in our
closest relationships. How can we, then, possibly communicate well with
strangers? It can feel easier to pass the buck to authorities and not directly
deal with people as people. However true this is, it cannot be an excuse for
choosing ordinances that dehumanize people and treat them unjustly. It cannot
allow for an ordinance that City Commissioner Chris Coburn admitted would
“effectively criminalize homelessness” (Bozeman Daily Chronicle, August
9, 2023). We could do better. There are all kinds of people in our community
trained in facilitation, mediation, and working with people to reach consensus.
Rather than lean on a structure that only knows how to impose rules and
enforcement of those rules, wouldn’t we all be better off if we tried to
empower ourselves in these situations to meet with our neighbors or at least seek
out the support of people with experience to help? In my case, I have
facilitated thousands of meetings, including intimacy and communication
workshops. I would love to help people talk to each other and solve problems,
and where problems cannot be solved, come up with mitigation strategies that still
keep us far short of the proposed unjust legislation.
Working with your community, which now includes people who
may be living on the street, and beginning with a premise of mutual respect simply
makes too much sense not to be the preferred option. We can do this, and what
that looks like citywide will not be the same from neighborhood to
neighborhood. On each block, it may look very different and involve unique sets
of challenges, but the more this process works, the greater the cultural shift
and critical mass. That critical mass of success will allow the larger
community to pitch in to deal with more challenging situations. We do not need
the shelter of the government to protect us from the storms caused by other
people. As we can see from this proposed ordinance, all it really does is react
to a court ruling and therefore create greater injustice. Being homeless either
as a class or as an individual, whether by choice or despite circumstances,
does not make one morally less of a person. Therefore, by creating more
problems and further complications for people without shelter, the government
has not actually solved our community’s problems; it has only persecuted one
group at the expense of another. Even if we are only slightly successful using
the approach I propose, we would certainly be better off than this.
Therefore, I have solid reasons for opposing proposed Bozeman Ordinance 2147 and would love to work on a new way forward, working with my community and having the dialogue required to build relationships and solutions to the often conflicting desires, fears, and boundaries we all have. All people, regardless of their shelter situation, are worthy of our respect. With that mutual respect, let us work together as communities to do something for each other.