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Politics and Activism

Do Better, Saratoga.

Sitting ban is classist and possibly unconstitutional

9
Do Better, Saratoga.
Times Union

Saratoga, I truly thought you were better than this.

I thought you were better than imposing a ban on sitting on sidewalks that disproportionately targets our homeless population. I thought you’d see the blatant classism back when this ban was just an idea. I was heartbroken when I saw friends’ names on a petition in favor of this new law.

I understand that this is a complicated issue. I know that homelessness has increased in Saratoga in the past few years. This may be partly the result of the Code Blue Shelter, which started in 2013. This shelter opens on nights when it’s colder than 32 degrees Fahrenheit or when there’s over 12 inches of snow in the forecast. What’s more, it’s an unrestricted shelter, which, to my knowledge, means there are significantly fewer questions asked than at a regular shelter. To me, this seems appropriate, and I’m glad it’s part of my town.

I don’t know how much this new shelter has “drawn the homeless to Saratoga.” That’s not something that’s easily quantifiable, since there are other factors in play. I do know that, according to their website, attendance at the Code Blue Shelter has gone up every winter since it opened.

Saratoga, you can’t have it both ways. You can’t benefit from the warm, fuzzy, altruistic feelings of having and supporting this shelter in our town if you want the people who might use the shelter to stay out of sight.

Who does this ordinance help? As someone who’s lived in the Saratoga area my entire life, I cannot take Public Safety Commissioner Chris Mathiesen’s words to the Saratogian seriously, that it’s about public safety and people tripping over people. I work in downtown Saratoga, and I walk downtown nearly every day. I’ve never once tripped over a person. I’ve never come anywhere close to tripping over a person on the sidewalk. The homeless people who sit there don’t sit in the middle of the sidewalk, they sit right against the buildings, where people aren’t walking. I’m sure it has happened at some point, but it’s not a common occurrence. Plain and simple, sitting is not a public safety hazard.

It certainly won’t help the homeless. In fact, it runs a huge risk of hurting them and keeping them on the streets. Criminal charges (after fines, sitters can be charged with a misdemeanor) can prevent people from getting into government housing or getting jobs.

Not to mention someone is actually going to have to enforce this ban, and that costs real taxpayer money, that should be going to actually helping get the homeless off the streets (and into homes), not just hiding them from rich tourists.

According to NPR, in a 2015 Idaho case, the Department of Justice decided that it was unconstitutional for the city of Boise to ban sleeping outside, saying that it shouldn’t be illegal for people who don’t have a choice. The homeless of Saratoga didn’t choose to be homeless, and we cannot seriously blame them for coming to a city that is economically thriving and has decent shelters. They’re not “taking advantage of our kindness,” they’re trying to survive.


Saratoga, you can’t criminalize the public existence of a group of people just because you wouldn’t want them on a tourism brochure. Do better.


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