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Can you really fine the homeless? It's a question posed by advocates for the poor in response to anti-vagrancy ordinances popping up across the nation. In urban centers and downtown areas, local governments are restricting panhandling, sleeping in public spaces, and even sitting on the sidewalk. City officials say it makes the streets safer, helps attract tourists, improves the business climate and that creates opportunities for the jobless. But homeless rights activists argue that criminalizing homelessness is no substitute for jobs programs, safe shelters, mental health and other services that the homeless need to survive. Fining and jailing the poor, they note, is not a deterrent to poverty. Are these laws needed to re-invigorate ailing cities or excuses to remove the problem from sight?
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Robert Ellickson
is Walter E. Meyer Professor of Property and Urban Law at the Yale Law School. Before joining the Yale faculty in 1988, he was the Robert E. Paradise Professor of Natural Resources Law at the Stanford Law School. He specializes in property law, including land-use regulation, land transfer and finance, and housing and urban issues. He has written a number of scholarly articles on homelessness in the United States.
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Maria Foscarinis
is founder and executive director of the National Law Center on Homelessness & Poverty, established in 1989 as the legal arm of the nationwide effort to end homelessness. She is a primary architect of the Stewart B. McKinney Homeless Assistance Act, the first major federal legislation addressing homelessness, and she has litigated to secure the legal rights of homeless persons. A graduate of Barnard College and Columbia Law School, Ms. Foscarinis has written and lectured widely on legal and policy issues affecting homeless persons.
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"The most important thing a man can know is that as he approaches his own door someone on the other side is listening for the sound of his footsteps."
— Clark Gable
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