Portland, Oregon has a problem. People live on the streets.
It isn't just Portland.
I wrote about the tents on Portland sidewalks because I visited there and expected to report on lingering evidence of the street violence this summer. It turned out that the real problem with livability in Portland wasn't the broken windows and boarded up storefronts from the 2020 summer of discontent. It was the shocking number of people living on the streets. They are "the un-housed," as I have been instructed to describe them.
Their misery creates a problem for the comfortable, because they live among us, in parks, along roadways, on sidewalks, and huddled in doorways. They diminish the urban experience, but I cannot be angry with them. ""Few people live on the streets because they refuse to live in nice homes," I wrote two days ago in this blog. They are evidence of an abundance of failures, some perhaps their own, but certainly including some failures of America's systems and institutions, that we would have so many living this way in a country so wealthy as ours. I consider them victims.
Herb Rothschild has an informed perspective on the origins of their victimhood. He was educated at Yale, then Harvard, was an English professor, and during his working years and in now in retirement, he has been an advocate on behalf of civil rights, civil liberties, racial justice, the environment, and peace. For many years he wrote a column in the Ashland Daily Tidings. He lives in Talent, Oregon
A Guest Post by Herb Rothschild
“Dave” asserted that Reagan “opened up the hospitals saying community mental health would provide the needed services, but then later cut the funding for community mental health.” What actually happened was different and much more complex. I know the history well, because beginning in the late 1960s, as a volunteer leader of the ACLU in Louisiana, I was deeply involved in the national movement to bring due process to the commitment and treatment of the mentally ill.
Care of the mentally ill, except in Washington, D.C., is almost entirely a state, not a federal responsibility. And in large part state laws provided little to no due process protection for those whom others wanted to commit to mental institutions against their will. Accused murderers had more rights. Unsurprisingly, most commitments were involuntary, and voluntary commitments were frequently changed to involuntary by fiat.
Abuse was rife. One story must serve. In 1970, I was waiting outside a committee room at the Louisiana capitol until a bill addressing the abuse was called for a hearing. The superintendent of East Louisiana State Hospital—the state’s largest—was also waiting. He told me that twenty percent of the population at East weren’t ill at all. Rather, they were elderly folks whom their relatives had had committed to a mental institution rather than to a nursing home because that way they got the social security checks, whereas the checks would have been sent to the nursing home.
Until a federal court ruling named Wyatt v. Stickney (1971), the institutions weren’t required to try to heal their residents, although by then the standards of care were much better than in the old “snake pit” days. Wyatt required a personalized treatment plan, reviewed annually, or the institution had to release the person. Still, people who posed no danger to others were being held for years against their wills. Finally, in 1975, the U.S. Supreme Court ruled in O'Connor v. Donaldson that persons can be committed involuntarily only if they are a demonstrable danger to themselves or others. And “demonstrable” means convincing to a judge in an evidentiary procedure during which persons are entitled to counsel.
It was in the wake of Donaldson that the big holding pens, usually in rural areas, emptied out. I considered this a just outcome; the people who were released didn’t deserve incarceration. Most of them, however, needed care, and the states weren’t willing to put into place community-based infrastructures. No small group homes, no clinics to make sure they stayed on their meds, etc. The new address for all too many of those released from the institutions was the streets. The appropriately self-named commentator Low Dudgeon may, in his arrogant ignorance, call these people “compunctionless career takers,” but the truth is very different. And the fact that many of them were psychologically damaged by their service in our nation’s wars of choice should give him pause.
The mentally ill make up one sizable component of the heterogenous homeless population. Another is the economically displaced. In Jimmy Carter’s last budget, there was more than $30 billion for the Department of Housing and Urban Development (HUD). Reagan reduced it to $7 billion. Unsurprisingly, the 1980s saw a surge of homelessness. Currently, the HUD budget is about $30 billion, which means that in constant dollars it is half of what it was in FY1980.
Meanwhile, the federal minimum wage stands at $7.25, which comes out to $15,000 a year. If one uses the old rule of thumb that a family should spend no more than a quarter of its income on housing, then a minimum wage worker would need to find housing for $313 a month. There is no place in this nation with such housing prices. Even in cities and states that have enacted minimum wages higher than $7.25, a family of four can’t find housing below $1,000 a month. Actually, in most large urban areas, the average cost is likely to be three times that.
The market cannot supply adequate housing. Nations in Europe know this; they build low-density public housing. None of them have the problem of homelessness that we do. I doubt if that’s because there are far fewer “compunctionless career takers” there. More likely it’s because they don’t think a proper society should allow the top 1/10 of 1% of its population to own five palatial homes and pay low taxes while families must sleep in their cars.
9 comments:
Some of the mentally ill could be taken off the streets with a dramatic increase in community mental health services. Triple their funding and society would save money from reduced incarceration, court costs, and police could focus elsewhere. Criminalizing the mentally ill is a very expensive way to care for them, but without strong support services, that is what happens all to often.
Thanks for the clarification of what transpired.
A factor that Herb Didn’t mention:
Globalization, agricultural industrialization, and environmental restrictions over the last few decades that destroyed a huge proportion of the jobs that previously supported our rural economies.
Michael is right. Environmental restrictions are the problem. Never mind that Ashland has an AQI of 167 from the forest fire smoke or Mendocino CA restaurants are closing their bathrooms due to a severe continuous drought. Man made climate change is just another shibboleth promulgated by egg head libs in comfy college towns.
A hit! A palpable hit! Mr. Rothschild's arrogantly overheated misreading of my comments HAS advanced the conversation, however. The historical and legal context he accurately provided corrects a common progressive canard here on this blog and elsewhere--that Ronald Reagan is somehow to blame for the modern state of homelessness. Once the institutional abuses he described were addressed, the primary cause of burgeoning homelessness--not blame because it was well-intended--was successful efforts to mainstream the mentally ill or infirm, to accord them individual autonomy and civil rights to the widest extent possible. In practice, though, that means a chronically homeless person cannot be committed or even held short-term on a mental hold unless they are now an "immediate" danger to themselves or others. Difficult for a judge to find that, no matter what the factual predicate two days before, and "immediate" danger does not cover e.g., a person regularly ill-fed, unmedicated, and sleeping outside drunk in freezing weather. Those laws should be ratcheted back in many cases to broaden judicial or institutional resort to involuntary commitment. The second biggest cause--in this century--is the easy availability of cheap heavy-duty street drugs like meth, synthetic opioids and heroin itself.
What Mr. Rothschild conspicuously failed to address, however, was my perfectly sensible questions on housing, whether he cared for my language or not. I opined that most of today's Portland long-term tent-dwellers are defiantly unwilling and unable to work or make any contribution whatsoever, nor follow reasonable rules, even if rentals are subsidized by taxpayers to a few hundred a month. Instead of coming back with an alternate number--25%?--Mr. Rothschild like so many progressives cried insult at the very inquiry, accusing me (erroneously) of a one-size-fits-all conception of the homeless, when it's progressives in fact who want to cast them all for policy purposes as if default victims of society. For my part, those who truly need, should receive. Period. Career idlers, users and petty criminals, not so much. Separating the sheep from the goats is a crucial facet of any meaningful new policy. In Portland et al, they simply indulge the lifestyle. Finally, Mr. Rothschild and others need to drill down on mental "illness". Substance abuse is a personality disorder not accorded the dignity and protections under pertinent law, especially criminal law, that organic illnesses like bipolar disorder enjoy. That's why the jails are so full of them. It's not "criminalizing mental illness" in the vast bulk of cases, even when there's a dual diagnosis, also known as co-occurring disorder, if as is so often the case the person with e.g. bipolar or schizophrenia has been self-medicating with alcohol or methamphetamine.
If I understand your last point in the second paragraph, Low Dudgeon, I am in complete agreement that drug addiction should be regarded as a disease and treated as a public health problem. For years I have advocated decriminalizing personal drug use. In that regard, I was excited that last November Oregon voters approved ballot measure 110, which did just that, and directed proceeds from the marijuana tax to enhance drug prevention, treatment and rehabilitation. Ours was the first state in the union to do so, and we should be very proud.
Herb Rothschild knows what the score is, his narrow-minded critics see everything through preconceived notions that reflect a juvenile political bias.
Keep up the good work Herb, your well reasoned and trenchant observations have
the ring of absolute truth and a total lack of bias. I eagerly await your next contribution to Up Close.
Bob Warren
I never said “the” problem. I said it was “a”problem, which it is.
Do you have anything to offer besides irrelevant snark?
Good policies have been put forth in these responses but if I am drunk and walk into the social service office in my county, how much money can I get? Will they set me up in a motel room for the night? Or I’m a schizophrenic actively hallucinating and walk into the office where will they send me? Can I get a meal? Or it’s freezing outside and my dog is cold and we want a free meal at a soup kitchen which one should I go to? How am I going to get there? Or I have to go to the bathroom and the store owner tells me to get out. How much money can I get from the state of Oregon if I am totally disabled? Is it enough to rent an apartment? Anyone know the answers to these questions? When I was working in welfare in New York City these were daily questions I had to answer. Every week new regulations were announced depending upon who was in political power at the moment . The poor have no rights; they don’t vote. The homeless have been dismissed. They are invisible. So go home have a beer and watch a movie.
Mr. Rothschild--
We are in agreement on that score, yes. What I was trying to say concerning criminal court, however, is that while decriminalization has resulted in fewer total charges against members of the homeless community, substance abuse is nevertheless by law not a mental disease or defect defense. In fact, its presence usually bars such defenses even in dual-diagnosis folks, even though clinically-speaking psychosis or diminished capacity are indistinguishable when the result of drug use versus organic mental illness (or both). That's why they still fill jails on charges like offensive littering, criminal trespass, disorderly conduct, etc. The original crime and punishment notion, dated now in my opinion, is that voluntary (?!) intoxication should never be an "excuse" for criminal conduct of any sort.
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