By: Stacey Charlot, JHBL Staff Member
Every day, without fail, I see her. On my way to school, my walk back home in the late evenings, when I am on my way to run errands downtown, or even traveling to South Station to catch the train. She always sits on the same bench, wearing the same plum purple jacket and army combat boots while overlooking Boston Harbor and the city’s towering high-rise buildings cascading in the background. I see her so often that I worry about her on the days that I do not see her sitting in her spot on the bench. While we are strangers, the one thing that I do know about her is that she is homeless.
Boston is the city of Champions, it is where the first American public school was established, it is the founder of the oldest annual marathon, and also happens to be the home of the second highest rate of homelessness of United States major.[1] Homelessness is defined as the condition of a family or an individual lacking a fixed place of residence, or a permanent home.[2] Point-in-time data collected by the U.S Department of Housing and Urban Development in 2023, reported the total number of people experiencing homelessness in Greater Boston to be approximately 12,674 people.[3] Of these 12,674 people the data shows that African Americans in Greater Boston experience homelessness more than any racial demographic; with Latinos being the second highest, and Asians the lowest.[4] The core of the issue is centered on Massachusetts Avenue and Melnea Cass Boulevard where many tent encampments are set up on the roads.[5] Cass Boulevard is named after Dr. Melnea Agnes Cass who was a Civil Rights Activist, she served as President of the Boston National Association for the Advancement of Colored People from 1961-1963, was an advocate for early child education, and an active volunteer in the community.[6]
In August 2023, An Ordinance Related to Unlawful Camping on Public Property was proposed by Mayor Michelle Wu and passed by the Boston City Council.[7] The regulation granted law enforcement officers authority to remove tents of the encampments on roads like Cass Boulevard due to them being seen as a public safety hazard.[8] In removing the tenants, the police were also granted the power to clear away the physical encampments and arrest anyone who refused to comply.[9] With this new power, the question becomes, where are the tenants supposed to go? Mayor Wu stated that officers could only enforce the regulation if housing alternatives like shelters, transportation services, and storage facilities were offered first.[10] Further, she stated that if shelters in the area were at capacity, tent encampments can stand.[11]
Aside from Mass and Cass, many homeless individuals will make themselves small in purposefully secluding themselves under bridges, hiding in corners of alleys, sleeping in the MBTA stations, and near interstate underpasses.[12] While none of these areas are suitable for housing, these individuals draw the least attention to themselves so that they can sleep freely from police intrusion.[13] To curb the rate of underlying effects of homelessness, like substance abuse, public drinking, and other drug related crimes, the city of Boston has enforced an increased police presence where the homeless have set up their encampments.[14]
While the rate of homelessness decreased significantly during the COVID-19 pandemic, the city saw a stark increase in 2023. On August 8, 2023, Governor Maura Healey declared a state of emergency and called on the federal government to assist in supporting the influx of migrant families fleeing from countries like Haiti and Venezuela because of the ongoing violence and humanitarian crisis.[15] The Healey Administration saw an average of 68 migrant families enrolling in state shelter services with an increase to over 100 migrant families per day by July 2023.[16] Many of which being pregnant women and children, emergency shelters and housing units were created to help the families.[17] Despite the Commonwealth’s efforts, the city is not financially equipped to combat the already ongoing homeless crisis in addition to the unprecedented migrant challenge. As a result, hundreds of migrant families sought shelter at either Boston Logan International Airport or resorted to sleeping on the streets.[18]
There are profound mental health conditions stemming from being homeless including depression, severe anxiety, and post-traumatic stress disorder.[19] Considering that the longer the individuals remain homeless, the rate of suicide attempts, hallucinations and psychosis increases.[20] Homelessness is described by many as a dehumanizing experience, it is because of this dehumanization that leads many individuals faced with homelessness into substance abuse.[21]
Being that homelessness effects all aspects of ones life, physical, mental and emotional, homelessness and its effects need to be combatted through constructive policy, not policing. A possible solution to the homelessness problem in Greater Boston is enhancing access to affordable housing for families that come from impoverished and low-income backgrounds.[22] So far, Boston has been taking small steps in this direction. As of August 19, 2024, Mayor Michelle Wu and her office announced the city’s acquisition of $40,000,000 that will be used towards advancing affordable housing creation with the mission of ensuring that every individual in Boston has a home despite their income or personal background.[23] Prospective applicants are urged to send a Letter of Intent by August 28, 2024, and a final proposal by September 20, 2024. But how are the homeless able to access this information?[24]
In a perfect world no human being would ever experience homelessness. The right to safe housing and permanent residence should be interpreted as a fundamental right, and not privilege. It is imperative that major cities like Boston are financially supported by the federal government and equipped to tackle the homelessness issue that is affecting the Commonwealth at alarming rates. Both state and federal governments must collaborate to create an effective support system that aims to target the root cause of homelessness across Greater Boston as well as providing structures to make sure the effects of homelessness on the individual are also being taken into account. Ultimately, elected officials must strive to work towards a future where everyone will be afforded the opportunity to secure their own place of home.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHBL or Suffolk University Law School.
Stacey Charlot is a second-year law student, who is interested in pursuing a career in contracts and litigation, with a keen interest in becoming a Sports agent. Stacey earned her Bachelor of Arts in Political Science and Minor in Biomedical Health Sciences from the University of New Hampshire. Outside of law school, Stacey is a licensed real estate agent for the Commonwealth of Massachusetts. ________________________________________________________________________________________________________________ [1] See Peter Ciurczak et. al., Homelessness in Greater Boston: Trends in the Context of Our Broader Housing Crisis, BOSTON INDICATORS (Aug. 5, 2024), https://www.bostonindicators.org/reports/report-detail-pages/homelessness_and_housing#:~:text=For%20years%2C%20Greater%20Boston%20has,Boston%20from%202022%20to%202023 [https://perma.cc/K3AD-6ZCG]; Embassy of the U.S. of Am., Boston, Massachusetts: America’s City of Firsts (2013), https://static.america.gov/uploads/sites/8/2016/04/US-Cities-Series_Boston-Massachussetts_English_508.pdf [https://perma.cc/E7EB-V2M2]. [2] The Editors of Encyclopedia Brittanica, Homelessness, Britannica (Sept. 15, 2024), https://www.britannica.com/topic/homelessness [https://perma.cc/3Y5C-HL8T]. [3] See id.; see also Ciurczak et al., supra note 1 (referencing point in time counts of people experiencing homelessness). The Point-In-Time counts are a combination of the number of people in homeless shelters versus the unsheltered. Id. The Point-In-Time counts were conducted in January. Id. [4] See Mark Herz & Diego Lopez, Boston has 2nd highest homeless rate in the US, report finds, GBH (Aug. 6, 2024), https://www.wgbh.org/news/local/2024-08-06/boston-has-2nd-highest-homeless-rate-in-the-us-report-finds [https://perma.cc/YR9V-P8FZ]. [5] See Tori Bedford, After Mass.and Cass crackdown, homeless community cast out into the shadows of Boston, GBH (Mar. 6, 2024), https://www.wgbh.org/news/local/2024-03-06/after-mass-and-cass-crackdown-homeless-community-cast-out-into-the-shadows-of-boston [https://perma.cc/N55S-4ZWB]; see also Dr. Melnea Agnes Jones Cass, Nat’l Park Serv. (Jan. 22, 2024), https://www.nps.gov/people/dr-melnea-agnes-jones-cass.htm [https://perma.cc/85GF-ZQ6P] (exploring history of naming Cass Boulevard). The boulevard is named after a Black woman civil rights activist, Melnea Cass, who advocated for disadvantaged and inhabited individuals. Id. [6] See Black History Boston: Melnea Cass, CITY of BOS. (Nov. 1, 2022), https://www.boston.gov/news/black-history-boston-melnea-cass [https://perma.cc/UEV2-X69A] (biographing Dr. Melnea Cass). [7] See Bos., Mass., Ordinances Code ch. XVI-LXV, § 16-65.8 (2023); see also Deborah Becker, Mayor Wu files new ordinance to remove tents from ‘Mass. and Cass, wbur, (Aug. 28, 2023), https://www.wbur.org/news/2023/08/28/mayor-wu-files-new-ordinance-to-remove-tents-from-mass-and-cass [https://perma.cc/HP74-CDGE] (describing aftermath of passing of ordinance). [8] See id. [9] See Becker, supra note 7. [10] See Becker, supra note 7. [11] See Walter Wuthmann, Boston City Council passes Wu’s ordinance banning tent encampments, wbur, (Oct. 25, 2023), https://www.wbur.org/news/2023/10/25/boston-city-council-wu-tent-encampment-mass-cass [https://perma.cc/DYF4-DNXK] (describing how Boston City Council decided to pass ban and pushback city faced). [12] See Bedford, supra note 5 (describing police authority to arrest unsheltered people not complying with encampment ban). [13] See Nick McCool et al., For the homeless in Boston and beyond, laws can criminalize life itself, The Bos. Globe (Jun. 28, 2020), https://www.bostonglobe.com/2020/06/28/metro/homeless-boston-beyond-laws-can-criminalize-life-itself/#:~:text=These%20laws%20make%20it%20illegal,emerging%20from%20homelessness%20more%20difficult [https://perma.cc/UDW8-XTLP] (describing police discretion and rate of arrest for homelessness). [14] See Bedford, supra note 5. [15] See Simón Rios, A Timeline of the Massachusetts Shelter Crisis – and Healey’s Changes to the System, wbur (Aug. 12, 2024),https://www.wbur.org/news/2024/08/12/massachusetts-shelter-system-changes-timeline-immigration [https://perma.cc/TM9D-3VLM]. [16] See id. (detailing large increase in immigration to Massachusetts). [17] See Press Release, Governor Healey Declares State of Emergency, Calls for Support for Newly Arriving Migrant Families (Aug.8, 2023), https://www.mass.gov/news/governor-healey-declares-state-of-emergency-calls-for-support-for-newly-arriving-migrant-families (last visited Sept. 16, 2024). [18] See Oscar Margain, With shelter full and Logan airport off limits, where will migrant families sleep?, NBC Bos. (July 17, 2024), https://www.nbcboston.com/news/local/with-shelters-full-and-logan-airport-off-limits-where-will-migrant-families-sleep/3430685/#[https://perma.cc/5DWE-YX62]. [19] See How Does Being Homeless Affect Your Mental Health?, The Bautista Project Inc. (Apr. 7, 2022), https://www.thebautistaprojectinc.org/post/how-does-being-homeless-affect-your-mental health#:~:text=The%20short%2Dterm%20effects%20of,)%2C%20and%20even%20suicide%20attempt [https://perma.cc/F4C4-PXNK]; see alsoDaniel Trotta, Emboldened by Supreme Court, California turns to police in homeless crisis, Reuters (Sept. 5, 2024), https://www.reuters.com/world/us/emboldened-by-supreme-court-california-turns-police-homeless-crisis-2024-09-05/#:~:text=Emboldened%20by%20Supreme%20Court%2C%20California%20turns%20to%20police%20in%20homeless%20crisis,-By%20Daniel%20Trotta&text=PALM%20SPRINGS%2C%20California%2C%20Sept%205,progressive%20measures%20to%20address%20homelessness (last visited Sept. 16, 2024) (describing hardships of unhoused people). [20] See Bautista, supra note 17. [21] See Martin Goldstein & Matt Nathan, Making House Calls to Those Who Have No House: A Street Psychiatrist’s Journey Supporting the Mental Health of Our Unhoused Neighbors, HARVARD advanced Leadership Initiative (May 23, 2023), https://www.sir.advancedleadership.harvard.edu/articles/street-psychiatrist-journey-supporting-mental-health-of-unhoused-neighbors [https://perma.cc/Q365-7T9M]. [22] See Herz & Lopez, supra note 4. [23] See Mayor Wu Announces $40 Million In Grant Funding Available for Affordable Housing, CITY of BOS. (Aug. 19, 2024), https://www.boston.gov/news/mayor-wu-announces-40-million-grant-funding-available-affordable-housing [https://perma.cc/3KDH-G9SF]. The grant is supported by the Mayor’s Office of Housing, the Community Preservation Act Fund and the Neighborhood Housing Trust. Id. [24] See id. The information on how to apply for housing and the resources were published online by the mayor’s office. Id.