Alder wants to force talk on public urination, sleeping in parks
Madison police would no longer be allowed to fine the homeless for public urination and sleeping in parks under ordinance changes to be introduced soon by Ald. Brenda Konkel.
With limited shelter space and no new city programs for the homeless population coming down the pipe in 2009, Konkel said the ordinance changes she will introduce at a City Council meeting in September are intended to spark a discussion about how the city treats the homeless.
"If we don't have any money for new programs to do the kind of outreach to the homeless that we need to do, and to have public restrooms available and to do all those types of things, we've got to do something different," said Konkel, who represents part of the east isthmus.
She added that the nighttime closure of bathrooms at Brittingham Park on the south side was one impetus for the changes. The closures were a response to complaints about the homeless population at the park and included other measures such as improved lighting and security cameras.
In addition to stopping fines for public sleeping and urination, Konkel said in a recent interview that she also will propose a change that would force city agencies to treat the possessions of the homeless with more respect. Before city agencies can clear away a homeless person's belongings, workers would have to place a notice at the site 72 hours in advance and also give notice of where the possessions would be stored. Cities like Portland, Ore., and Cincinnati have similar rules.
Konkel said she was inspired to work on this ordinance after the city Parks Division cleaned an area along the Yahara River in April where some homeless people had stored their belongings. For some people in such a situation, she said, the belongings may be of great personal importance, such as pictures of children or a family Bible.
"A lot of times, it might look like junk to us, but if it's their only blanket, that's not junk to somebody who has to sleep outside in the cold," she said.
Konkel acknowledged that the changes on public sleeping and urination in particular would likely be controversial, but she said in the context of no new money in the 2009 budget to keep working on homelessness, fining the homeless would be unfair.
"It's not fair to give somebody a ticket for something they can't do anything about," she said, adding that collecting the fines also tends to cost the city court resources and that the homeless can rarely pay the fines anyway.
Depositing human waste carries a $100 fine. Sleeping in parks can lead to several fines, including being in parks after hours and lodging in parks, which each carry fines of $50 for the first offense and $100 thereafter; and temporary structure prohibited, which brings a $100 penalty.
Konkel said she will be consulting the city-county Department of Public Health regarding the public urination ordinance to see if they had any concerns, but she compared the issue to the thousands of dogs in the city going to the bathroom outside, and that not being considered a health threat.
Most have not yet had a chance to review Konkel's proposals, but they are getting mixed reviews from those who have.
According to spokeswoman Rachel Strauch-Nelson, Mayor Dave Cieslewicz is strongly opposed to changes to the ordinance that forbids sleeping in parks because of public safety risks. Cieslewicz is at the Democratic National Convention and was not available for more specific comment.
Ald. Mike Verveer, who represents downtown Madison, had some reservations.
"I'm sympathetic to the plight of the homeless, but before pledging support for any of these proposals, I would like to see specifics, because it looks like something that affects the quality of life for not only the community affected, but the broader community as well," he said.
Verveer added that from a practical standpoint, it might be difficult to prove in court that someone truly is homeless and therefore exempt from certain fines.
Everett Mitchell of the Madison Urban Ministry, which advocates for the homeless, said he had concerns about condoning public urination but agreed that the homeless should not be fined for sleeping in parks, and should be notified about the pending removal of their things. In particular, Mitchell said homeless people unable to pay city fines often end up in jail, which can hurt those who are trying to get back on their feet.
"If the goal is to end homelessness, don't put extra burdens on people who are already burdened enough," he said.
Ald. Brenda Konkel said the ordinance changes she will introduce in September are intended to spark a discussion about how the city treats the homeless.
