Picture the Homeless's Civil Rights Campaign...

Why are homeless people organizing against the NYPD constantly charging them with "Disorderly Conduct"?

 

 

"Rather than a legitimate crime-fighting tool, [NYPD] stops are a despicable, racially oriented tool of harassment... People who object to the harassment are often threatened with arrest for disorderly conduct."  --Bob Herbert, New York Times (Feb 2, 2010)

The NYPD have rampantly, irresponsibly and potentially-illegally used “Disorderly Conduct” charges against homeless New Yorkers.

If the unjust criminalizing of homeless people is upsetting to you, and you want to get involved...

organizer contact: brandon@picturethehomeless.org 

press/media contact: tej@picturethehomeless.org

 

The police use “Disorderly Conduct” charges as a pretext to harass and arrest homeless people, even when they’re not breaking any laws. In 2008, there were over 80,000 charges of “disorderly conduct” filed by the NYPD -- making Dis Con the second-most frequent charge for which the police issue a summons.

Because many homeless people are not fully aware or freely able or encouraged by court-appointed counsel to exercise their civil rights and right to a trial, many plead guilty to unfounded and unspecified charges and end up paying a $125 fine, along with an $80 surcharge for court costs.  Further, they may be required to perform three days of community service as well, in essence contributing hundreds of hours and thousands of dollars worth of free labor ( Source: Criminal Court of NYC, Annual Report 2008).

Picture the Homeless member Alease Lowe was charged and arrested for disorderly conduct when she picked up an empty bottle in a public park and attempted to put it in the garbage.  Even though she was not drinking, she was charged with public consumption of alcohol along with disorderly conduct, was arrested and spent the night at the 52nd Precinct.  The next day, they released her and dismissed the charges without her being able to see a judge.

These so-called "Dis Con" charges are bogus. The regulating statute as it currently exists is overly broad and gives the NYPD wide discretion to define what “disorderly conduct” is, hence the ability of the police to write tickets (i.e. meet quotas) and even arrest people without clearly specifying what the person may be doing that is actually considered “disorderly.”  Placing a package on a vacant subway seat -- if you "look homeless" -- may be enough to get you arrested!

The effects of such arrests are harmful.  Targeted because of race (profiling) and perceived economic/homeless status, being arrested can also lead to having one’s belongings confiscated.  Furthermore, if you are residing in a shelter, you may lose your bed.  For the thousands of homeless New Yorkers who have jobs or are new hires, lost time from work due to arrest can result in loss of employment.  Such arrests, as unjust as they may be, can also initiate a criminal record which can serve as a barrier to employment.  Lastly, the New York City Housing Authority has seen fit to disqualify a person for eligibility in the public housing system -- for example, being convicted two times of “disorderly conduct” in three years makes one ineligible for public housing.

WHAT CAN BE DONE?!

We must force the NYPD to cease its targeting of homeless people through the use of unfounded and bogus “disorderly conduct” charges. Through legislation, we want to amend the law so that the NYPD will be required to specify what is considered “disorderly.”  We must bar the use of “disorderly conduct” as a pretext to detain and arrest homeless people.