[HPN] Cleveland settles homeless lawsuit with ACLU - Ohio, USA FWD

[Tom Boland]

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http://www.ohio.com/bj/news/ohio/docs/021588.htm
FWD  Beacon Journal - 6:02 p.m. EST Wednesday, February 2, 2000
     OHIO, USA

ACLU AND CLEVELAND SETTLE HOMELESS LAWSUIT

BY M.R. KROPKO
Associated Press Writer

CLEVELAND (AP) -- A federal lawsuit settlement Wednesday assures that
Cleveland police will not arrest homeless people or threaten their arrest
on public property if they are doing nothing illegal.

   The American Civil Liberties Union filed a lawsuit in December on behalf
of homeless people who had been arrested in a police sweep of Cleveland's
downtown Public Square.

   Gino Scarselli, the ACLU's associate legal director, said there was no
money involved in the settlement, although he said the ACLU is considering
a claim for legal fees.

   According to the settlement, the city agreed to not arrest, detain or
threaten to arrest homeless people for ``performing innocent, harmless,
inoffensive acts, such as sleeping, eating, lying or sitting in or on
public property.''

   Brian Davis, director of the Northeast Ohio Coalition for the Homeless,
said Wednesday that the settlement means homeless people no longer need to
be afraid of police.

   ``It assures that police and law enforcement will not be involved in the
delivery of services to homeless people and that's what we wanted,'' Davis
said. He said the job of getting homeless people into shelters during
frigid weather is best left to social workers.

   ``Police have enough to do in this city without becoming social workers
to homeless people,'' Davis said. ``They can always call in the Salvation
Army or Volunteers of America. That's the appropriate response.''

   Mayor Michael R. White said the settlement does nothing to stop police
from arresting a homeless person who violates the law. He insisted police
never arrested anyone simply for being homeless.

   ``We have steadfastly defended our right to enforce the laws of the
city. We respect the rights of the homeless. We believe we will have an
agreement that will preserve our right to enforce the laws of the city,''
White said.

   Five people were arrested in December for sleeping on public property
and holding a homelessness demonstration without a permit at the city's
downtown Public Square. Police dispersed several other demonstrators.

   They were protesting the city's crackdown against homeless people
sleeping on downtown sidewalks. The policy, announced in early December,
was designed to make downtown safer and more attractive during a busy
holiday shopping period.

   White said Wednesday the city intends to ``maintain a significant
security presence in downtown Cleveland on behalf of all the citizens of
Cleveland.''

   White spoke about the issue at a news conference outside First United
Methodist Church, which maintains a downtown shelter.

   The pastor, the Rev. Kenneth Chalker, stood at White's side and praised
the way police deal with the homeless.

   ``We've had many instances at our homeless shelter here and the other
three we have operated where the city of Cleveland's police force has
dropped people off just to make sure they are cared for and have a warm and
safe place to sleep,'' Chalker said.

END FORWARD

**In accordance with Title 17 U.S.C. section 107, this material is
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