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City could limit penalty for homeless violations

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Homeless people in Madison may no longer face fines or jail time for public urination or sleeping in parks if the City Council approves an ordinance to be introduced next week.

Ald. Brenda Konkel, District 2, will introduce an ordinance protecting the belongings of homeless people, and two ordinances protecting the right of homeless people to sleep and urinate in public places later in October.

“I think that Brenda opened up a subject that is long overdue for discussion,” said Donna Asif, chair of Capitol Neighborhood’s Homelessness Initiative Committee. “Surely, we have to find a solution. We need to get busy examining the subject.”

Mayor Dave Cieslewicz does not support the ordinances, but agrees the subject should be addressed, said mayoral spokesperson Rachel Strauch-Nelson.

The first ordinance would require police to notify a homeless person 72 hours in advance before confiscating belongings from public land. If belongings are removed, they must be kept for 45 days so the person can retrieve the possessions.

In an e-mail, Konkel said the other two ordinances are “designed so that we don’t criminalize life-sustaining activities of the homeless.” This applies when they do not have other options, she added.

Asif said the city is not sufficiently addressing the issue of homelessness, but there are different solutions apart from what Konkel is proposing.

“Clearly, it would be better for us to provide services, but because there is no money in this year’s budget and the issues with homelessness continue to be worse and worse… I want to make sure that we are not criminalizing homelessness locally,” Konkel said.

The mayor released a statement two weeks ago marking the 2009 budget as one of the toughest in decades. Strauch-Nelson said the mayor’s budget includes funding for homeless initiatives focusing on providing transitional housing, job training and access to transportation.

According to Konkel, when the homeless are fined for public urination and sleeping in public, they cannot pay the fines and, therefore, the fines build up and result in spending a few nights in jail, which costs taxpayers money.

Asif said she thinks Konkel’s intention is to open up a discussion about the issue to really examine it.

“I applaud her for her courage in bringing this up because it’s a taboo subject,” Asif said.

Despite skepticism from the City Council, Konkel said she is optimistic the first ordinance will pass. She added she is hopeful the council will be able to come to a compromise on the other two.

“Homelessness is a complex problem that doesn’t have easy answers,” Strauch-Nelson said. “[The mayor] will continue to focus on those long-term solutions and continue to work with groups like Dane County, the Salvation Army and Porchlight.”


3 Comments | Leave a comment

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This is ridiculous to even consider. Passing ordinances that would make public urination and sleeping in public places legal would attract masses of homeless people that already do not inhabit the area. The crime rates are high enough in this city, what the hell makes this woman think that there won’t be more students mugged, or even worse KILLED by the newly “moved in” homeless people. These ordinances make it seem as if the city of Madison is a large hotel welcoming any boarders for a fee of… NOTHING. The streets of Madison would be dirty and filled with more pan handlers to make passing civilians uncomfortable. How would you like the leave a restaurant and have some homeless man or woman urinating on the store’s stoop? I know I would lose my appetite pretty quickly!

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I agree with the first post. As a student, I find it absolutely insane and unacceptable that the city would allow homeless to urinate in public and sleep in areas where there are students! I live on Broom St. and just yesterday I had to kick a homeless man of my porch because he decided it was OK to sleep there! What was to stop that man from trying to come into my place? They should be looking for answers to get homeless out of the city - NOT MAKE IT MORE COMFORTABLE FOR THEM TO STAY!

A student died last year by the hands of a random, most likely homeless, man. But that’s ok, cause they are people to and they should be allowed to piss on state street or sleep on my front porch.

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To a city that already bends over backwards to accommodate homeless, this new proposed ordinance is the final straw. What on earth could the possibly be thinking?

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