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Homeless Persons Cannot Be Punished for Sleeping in Absence of Alternatives, 9th Circuit Decision Establishes

NNPA NEWSWIRE — Judge Berzon, in her opinion, notes that the decision, while important, is unlikely to impose dire consequences on cities. “The distressing homelessness problem…has grown into a crisis for many reasons, among them the cost of housing, the drying up of affordable care for people with mental illness, and the failure to provide adequate treatment for drug addiction. The crisis continued to burgeon while ordinances forbidding sleeping in public were on the books and sometimes enforced.”

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This case is part of a nationwide movement against the criminalization of homelessness, spearheaded by the National Law Center on Homelessness & Poverty and more than 850 groups and individuals who have endorsed the Housing Not Handcuffs Campaign. (Photo: iStockphoto / NNPA)

National Law Center on Homelessness and Poverty, NNPA Newswire Contributor

People experiencing unsheltered homelessness in the west coast states of the Ninth Circuit can sleep more safely, without facing criminal punishment for simply trying to survive on the streets. The Ninth Circuit Court of Appeals rejected an en banc petition by the city of Boise in Martin v. Boise (formerly Bell v. Boise), leaving in place its September 2018 ruling that homeless persons cannot be punished for sleeping outside on public property in the absence of adequate alternatives. In so holding, the court of appeals permitted the homeless individuals who have received criminal citations under Boise’s policy to proceed with their constitutional claims against the City. The National Law Center on Homelessness & Poverty, which filed the case in 2009 with co-counsel Idaho Legal Aid Services and Latham & Watkins LLP, hails this decision as being essential to encouraging cities to propose constructive alternatives to homelessness.

“Criminally punishing homeless people for sleeping on the street when they have nowhere else to go is inhumane, and we applaud the Court for ruling that it is also unconstitutional,” said Maria Foscarinis, executive director at the National Law Center on Homelessness & Poverty. “It’s time for Boise to stop trying to hide its homelessness problem with unconstitutional ordinances, and start proposing real solutions.”

The case challenges Boise’s enforcement of its Camping and Disorderly Conduct Ordinances against persons experiencing homelessness who need to sleep in public in the absence of adequate housing or shelter.  Last September, a panel of the Ninth Circuit agreed with the central premise in the suit, holding that “as long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter.” Following that ruling, the city of Boise petitioned the Ninth Circuit to rehear the case en banc. Today, the court rejected that request, thereby affirming that within the western states that make up the Ninth Circuit, “the Eighth Amendment preclude[s] the enforcement of a statute prohibiting sleeping outside against homeless individuals with no access to alternative shelter.”

“Today, the court says that people experiencing homelessness cannot be punished for sleeping or sheltering on the streets in the absence of alternatives,” said Eric Tars, Legal Director at the National Law Center on Homelessness & Poverty. “But our hope is that tomorrow, cities will begin to create those alternatives—getting homeless people into housing is a win-win approach, benefitting both the individuals helped and the communities that no longer have to deal with the negative impacts of people living in public spaces, at lower cost than cycling people through the criminal justice system.”

The case gained national attention in 2015 when the United States Department of Justice filed a Statement of Interest brief in the case, arguing that making it a crime for people who are homeless to sleep in public places unconstitutionally punishes them for being homeless.

“The outcome of Court’s decision will support cities who are addressing real solutions to the complex issues faced by homeless individuals and families rather than just create more barriers and fill more jails with persons who only needed a place to sleep for the night,” said Howard Belodoff, of Idaho Legal Aid Services, Inc. “Boise can be one of those cities—it has the resources, it just needs to apply them correctly.”

Judge Berzon, in her opinion, notes that the decision, while important, is unlikely to impose dire consequences on cities. “The distressing homelessness problem…has grown into a crisis for many reasons, among them the cost of housing, the drying up of affordable care for people with mental illness, and the failure to provide adequate treatment for drug addiction. The crisis continued to burgeon while ordinances forbidding sleeping in public were on the books and sometimes enforced.”

“We are pleased that the Ninth Circuit held that the Constitution ‘prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter,’” said Michael Bern, lead pro bono counsel from Latham & Watkins, who argued the case before the Ninth Circuit.  “As the Department of Justice recognized earlier in this case, ‘[c]riminalizing public sleeping in cities with insufficient housing and support for homeless individuals does not improve public safety outcomes or reduce the factors that contribute to homelessness.’ With today’s decision, we hope that cities can redirect their efforts to identifying meaningful and constitutional solutions to the problem of homelessness.”

This case is part of a nationwide movement against the criminalization of homelessness, spearheaded by the National Law Center on Homelessness & Poverty and more than 850 groups and individuals who have endorsed the Housing Not Handcuffs Campaign.

The court’s decision can be read here.

The National Law Center on Homelessness & Poverty is the only national organization dedicated solely to using the power of the law to prevent and end homelessness. With the support of a large network of pro bono lawyers, we address the immediate and long-term needs of people who are homeless or at risk through outreach and training, advocacy, impact litigation, and public education. The Housing Not Handcuffs campaign is a project supported by the AmeriCorps VISTA program.

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Memphis third grade reading scores dip as district builds case for retaining students

NEW TRI-STATE DEFENDER — Fewer Memphis third grade students than last year are accomplished readers, according to Shelby County Schools’ annual state test data released is discussing in meetings with parents. About 24% of third graders in Shelby County Schools scored proficient in reading on the state’s standardized assessment TNReady. That’s down from about 27% last year, and in contrast to 36% of elementary students statewide who tested proficient.

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Student read a book during a reading circle at Gardenview Elementary School in Memphis, Tennessee. (Photo: Karen Pulfer Focht/Chalkbeat TÑ)
Student read a book during a reading circle at Gardenview Elementary School in Memphis, Tennessee. (Photo: Karen Pulfer Focht/Chalkbeat TÑ)

By Lee Eric Smith

Fewer Memphis third grade students than last year are accomplished readers, according to Shelby County Schools’ annual state test data released is discussing in meetings with parents.

About 24% of third graders in Shelby County Schools scored proficient in reading on the state’s standardized assessment TNReady. That’s down from about 27% last year, and in contrast to 36% of elementary students statewide who tested proficient.

The full results from spring testing are scheduled to be released next week, but Memphis district officials shared the statistic this week at a meeting with parents on a new retention policy that will hold back second grade students who aren’t reading on grade level. The policy will begin in the 2021-22 school year.

Antonio Burt, the district’s chief academic officer, declined to speculate on why the scores dipped. Rather, he said the district would be looking to hone existing strategies — such as daily 45-minute small-group instruction and teacher leaders dedicated to foundational reading skills — and equip new second grade teacher assistants.

“The work and the need around K through 2 is so important,” he told Chalkbeat after Wednesday’s community meeting at Gaisman Community Center to explain the district’s retention plan.

“And as a state, we’re still recovering from the standards shift,” he added later about the state’s 2016 change to a new test with tougher requirements.

The news is a blow to the district’s efforts to strengthen early literacy, which has been a priority for the Memphis district. Superintendent Joris Ray and his leadership team often point to the correlation between third grade reading levels and a similar percentage of students considered college-ready on the ACT test.

Antonio Burt, the chief academic officer for Shelby County Schools, speaks to parents and teachers about the district’s upcoming second grade retention policy and strategies to improve reading. (Photo by: Laura Faith Kebede/Chalkbeat)

Antonio Burt, the chief academic officer for Shelby County Schools, speaks to parents and teachers about the district’s upcoming second grade retention policy and strategies to improve reading. (Photo by: Laura Faith Kebede/Chalkbeat)

“We know that if our kids that don’t master reading prior to third grade, they’re four times more likely to drop out of school,” Burt told parents Wednesday evening. “That same student would then be four times more likely to be incarcerated.”


Related: Learn more about the English curriculum that was introduced in late 2017


Shelby County Schools is aiming to have 90% of its third grade students reading proficiently by the year 2025. That’s higher than the state’s goal of 75% for that same year.

This year’s kindergarten class would be the first group that could be held back a year because of Shelby County Schools new retention policy, Burt said. The district will require students to meet eight of 12 benchmarks, including minimum report card grades and reading scores, throughout the year in order to pass second grade.

Candace Marshall, a prekindergarten teacher and parent, said she mostly favors the retention policy and had faced resistance at a Memphis charter school when she wanted her niece to repeat first grade.

“I don’t want her to be a statistic. It made me question how many other kids get passed along,” she told Chalkbeat.

The post Memphis third grade reading scores dip as district builds case for retaining students appeared first on Chalkbeat.

This article originally appeared in the New Tri-State Defender

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Duo teams up for food and clothing drive for homeless veterans on Saturday

NEW TRI-STATE DEFENDER — Memphis is experiencing a serious problem with homelessness and poverty among veterans but a new nonprofit is hoping to ease the burden.

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(l-r) Jalissa Marshall and Sequoria Wilson-Chatmon are teaming up to raise funds for homeless veterans. (Photo by: /tri-statedefender.com)
(l-r) Jalissa Marshall and Sequoria Wilson-Chatmon are teaming up to raise funds for homeless veterans. (Photo by: /tri-statedefender.com)

By Destiny Royston

Memphis is experiencing a serious problem with homelessness and poverty among veterans but a new nonprofit is hoping to ease the burden.

On Aug. 10, from 6:30 to 8:30 a.m., Help the Homeless Veterans will hosted a food and clothing drive in downtown Memphis at the corner of Adams Avenue and Main Street.

Sequoria Wilson-Chatmon, who served in the Army for 10 years and went on four combat tours to Afghanistan and Iraq, is spearheading the event that will provide food, clothing and other needed items for the homeless and those who are struggling. Wilson-Chatmon and her husband are both disabled veterans..

Jalissa Marshall, who is the wife of another disabled vet, will be alongside Wilson-Chatmon helping with the event to bring awareness to homelessness.

“Jalissa and I discuss these issues all the time,” said Wilson-Chatmon. “We decided it was time to turn words into actions, and that was the birth of ‘Help the Homeless Veterans Food and Clothing Giveaway.’

Being a disabled vet, Wilson-Chatmon knows the harsh reality about men and women who have served the nation who now face homelessness and hunger.

Veteran or not, people who are in need of items, food and clothing are encouraged to come to the event, as many organizations around the city that assist those in need have strict qualifications that many don’t meet. Their goal is to look out for everyone because homelessness and hunger know no criteria.

The ladies hope to serve at least 50 personnel. Wilson-Chatmon wants to continue sponsoring events like this so that she and her team can become a well-established nonprofit organization that does more than hand out items in Memphis.

She wants to provide shelter and help rebuild communities and cater to everyone, especially those who don’t meet the qualifications of the larger organizations.

“No one deserves to sleep on the streets. As a community, it starts with us,” said Wilson-Chatmon. “We hope to inspire others to act no matter how small.”

Supporters of veterans can donate items such as water and clothing at Watson’s Barber & Beauty Shop on 2236 Pendleton St., until Aug. 9.

This article originally appeared in the New Tri-State Defender

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Push to ban plastic bag sat groceries falls short

NEW TRI-STATE DEFENDER — Plastic bags will still be used in grocery stores, despite some Memphis City Council members’ efforts to ban them. Tuesday, the council rejected an ordinance that would have required grocery stores to ban the use of plastic shopping bags.

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By Erica R. Williams

Plastic bags will still be used in grocery stores, despite some Memphis City Council members’ efforts to ban them. Tuesday, the council rejected an ordinance that would have required grocery stores to ban the use of plastic shopping bags.

“This is an effort for us to do something different in the State of Tennessee,” Councilman Berlin Boyd, who sponsored the ordinance, said before the vote.

Boyd has continued to push for the ban despite a recent state law barring cities from regulating single-use plastic such as grocery bags. He argues that using them is costing the city too much money.

“If we pass this here, it will give us the leverage to negotiate on a state level,” he told fellow council members.

Some have complained that lawmakers are considering the bans to cater to plastic-industry lobbyists. Boyd said that’s not it, pointing out that the city’s Division of Public Works spends $3 million each year to dispose of the bags.

Last year before proposing the ban, Boyd suggested a seven-cent fee on plastic bags that shoppers take from retail stores. He then reduced the proposed fee to five cents earlier this year.

In other action

* Memphis 3.0 was dropped from this council meeting’s agenda. Last month council members voted on hiring an outside consultant to review the comprehensive development plan. They will delay voting until after the consultant’s review of the plan.

The consultant has until September 17 to present findings.

The Memphis 3.0 plan had been challenged by New Chicago community members who believe the plan excludes some neighborhoods based on race. A $10 billion lawsuit filed against the city was later dismissed.

Mayor Jim Strickland has signed an executive order that allows parts of the 3.0 plan to move forward.

* Council members approved an honorary street name change for Bishop David Allen Hall Sr., longtime pastor of Temple Church of God In Christ at 672 S. Lauderdale. The resolution calls for a street name of East Georgia Ave. between South Lauderdale and South Orleans. Councilwoman Cheyenne Johnson sponsored the resolution.

* The council delayed voting on the third and final reading of an ordinance that would present new rules for public art placement.

This article originally appeared in the New Tri-State Defender

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The African American Film Critics Association (AAFCA) TV Honors Winners Announced

LOS ANGELES SENTINEL — Ava DuVernay’s “When They See Us” earned four wins from the African American Film Critics Association, who today, announced the winners of its upcoming AAFCA TV Honors. The highly popular Netflix limited series about the infamous Central Park rape case that resulted in the arrest and false imprisonment of five Black youths, received the following group awards: Best Limited Series, Best Ensemble, Best Writing and Breakthrough Performance for Jharrel Jerome who plays Korey Wise in the series.

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Angela Bassett (Photo by: David Shankbone | Wiki Commons)
Angela Bassett (Photo by: David Shankbone | Wiki Commons)

By Sentinel News Service

Ava DuVernay’s “When They See Us” earned four wins from the African American Film Critics Association, who today, announced the winners of its upcoming AAFCA TV Honors. The highly popular Netflix limited series about the infamous Central Park rape case that resulted in the arrest and false imprisonment of five Black youths, received the following group awards: Best Limited Series, Best Ensemble, Best Writing and Breakthrough Performance for Jharrel Jerome who plays Korey Wise in the series.

Other big wins went to the popular Starz drama “Power,” which begins its sixth and final season August 25th, and the CBS comedy, “The Neighborhood” starring Cedric the Entertainer and Tichina Arnold now entering its second season. Angela Bassett and Sterling K. Brown earned Best Performance Female and Male awards for their respective portrayals in the series “9-1-1” on Fox and “This Is Us” on NBC.

In all, the sixteen-year-old association will give out ten awards during its inaugural event, including honoring mega-producer Ryan Murphy with the AAFCA TV Icon Award and big three network, CBS, with the AAFCA Inclusion Award for its diverse programming and talent.

“It is impossible to ignore TV’s popularity and remarkable influence on America’s pop culture landscape today,” says AAFCA president Gil Robertson IV. “As the stature of the small screen continues to expand, it has become increasingly more diverse and inclusive, a movement that we at AAFCA wholeheartedly embrace and champion. The honorees for our first AAFCA TV Honors represent the very best of television programming. They all successfully put a mirror up to our world to tell stories that are refreshingly diverse and authentic. We feel that this new wave of innovative, thought-provoking storytelling is inspiring and deserving of celebration.”

The honorees will be feted at AAFCA TV Honors during a private brunch on Sunday, August 11, 2019 at the California Yacht Club in Marina Del Rey, CA.

AAFCA TV HONORS 2019 Winners:

Best Drama – “Power” (Starz)

Best Comedy – “The Neighborhood” (CBS)

Best Limited Series – “When They See Us” (Netflix)

Best Performance Female – Angela Bassett (9-1-1) FOX

Best Performance Male – Sterling K. Brown (“This Is Us”) NBC

Best Ensemble –– “When They See Us” (Netflix)

Best Writing – “When They See Us” (Netflix)

Breakthrough Performance – Jharrel Jerome, “When They See Us” (Netflix)

AAFCA TV Honors Inclusion Award – CBS

AAFCA TV Honors ICON Award – Ryan Murphy

This article originally appeared in The Los Angeles Sentinel.

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Linsey Davis Teaches Celebrating Diversity with Her Second Children’s Book ‘One Big Heart: A Celebration of Being More Alike Than Different’

LOS ANGELES SENTINEL — Linsey Davis Teaches Celebrating Diversity with Her Second Children’s Book ‘One Big Heart: A Celebration of Being More Alike Than Different’ ABC News Correspondent, author, and mother Linsey Davis returns to the bookshelf with her second children’s book titled, “One Big Heart: A Celebration of Being More Alike Than Different.”

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Linsey Davis (Courtesy photo
Linsey Davis (Courtesy Photo)

By Saybin Roberson,

Linsey Davis Teaches Celebrating Diversity with Her Second Children’s Book ‘One Big Heart: A Celebration of Being More Alike Than Different’

 

ABC News Correspondent, author, and mother Linsey Davis returns to the bookshelf with her second children’s book titled, “One Big Heart: A Celebration of Being More Alike Than Different.”

Inspired by her son’s life and growth, Davis began writing books as love letters and life lessons to her son, with an emphasis on creating characters that looked like him. “One Big Heart” focuses on highlighting how our differences bring us all together.

“I felt like for him growing up during this time it was essential to affirm what kids already know, which is basically that they have this ability to find common ground,” she says of her new book. Understanding that children know what makes them different, but not the mindset of placing labels on individuals.

“I think kids are better than adults in that way of setting aside differences and just looking for what we have in common.”

Based on a foundation of love, Davis’s intentions to bring peace and inclusion are prominent within her books. “God gave us all this one special gift, he gave us each a heart and that’s the most important part because that’s where love starts.

As a mother of a five-year-old, fulltime news reporter, and author, Davis wears many hats working around the clock feeding each aspect of her life. Writing both “One Big Heart”and her first, “The World Is Awake: A Celebration of Everyday Lessons,” Davis says brought her closer to her son as he grew, both teaching each other ways to do life.

“I think so much about the theme of this book is that the students can become the teachers, adults can really learn from children,” she states. Noting the differences between children having no preconceived notions of what is bad or good based on appearance. Believing children are taught and observe how to respond to dissimilarities, this book is a reminder to continue growing with a nonjudgmental attitude.

“I think that as life hits, you have to respond and respond right away,” Davis says, believing children should know the truth of the world they live in, adding, “I also think it’s important to let children direct the narrative.”

“It is important for all of them [children] to see each other,” believing that lack of information is what creates fear, it is important to show diversity to promote unity, rather than exclusion, she goes on to say, “it’s about seeing every race.”

“This is just a conversation that really needs to be had about exposure and embracing diversity.”

Growing up, Davis dealt with being one of the few Black girls in her school and she understands the importance of inclusion and the isolation she felt during her years. Expressing her biggest hope is that children who read “One Big Heart” continue to search for common ground as they grow and experience the world.

“One Big Heart” will be available August 6, 2019 at bookstores and online for purchase. Follow Linsey Davis on Instagram @linseytdavis and Twitter @LinseyDavis for updates on her life and career.

This article originally appeared in The Los Angeles Sentinel.

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Organization uses art to teach developmentally disabled

WAVE NEWSPAPERS — Located on Pacific Coast Highway, one of the busiest highways in the Los Angeles County sits an inconspicuous three-story building. Looking at the front of the building, the perception is it’s a typical office space for some paper-pushing company. But, step inside the first floor and the camouflage of the building disappears to reveal what Able ARTS Work is all about. 

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Able ARTS Work (Image by: ableartswork.org)
Able ARTS Work (Image by: ableartswork.org)

By Bria Overs

LONG BEACH — Located on Pacific Coast Highway, one of the busiest highways in the Los Angeles County sits an inconspicuous three-story building. Looking at the front of the building, the perception is it’s a typical office space for some paper-pushing company. But, step inside the first floor and the camouflage of the building disappears to reveal what Able ARTS Work is all about.

Every morning, clients, one by one, are dropped off by buses and vans coming from their homes. To start the day on a good foot, they’re greeted by the big, bright smiles of the staff and a welcoming “good morning.”

Within one room, there are people with a variety of different disabilities with varying levels of ability. Some may have an autism spectrum disorder, cerebral palsy, intellectual or developmental disabilities, neurodegenerative disorders or other socio-emotional disorders. No matter their circumstance, they’re all ready for a day of activities.

“If you talk to our students here, they don’t view [being disabled] like a bad thing or a hindrance,” Art Instructor Ellen Bae said. “They think about it as something that’s just a part of them and they’re not ashamed to say it. They’re very aware they have a disability and they’re proud to be themselves, and I think that’s really important.”

Able ARTS Work started in 1982 in a Long Beach parks and recreation building with one music therapist, Helen Dolas, the founder, and was later joined by an art therapist and five students.

Dolas founded the program while completing her master’s degree in special education. From its humble beginnings, the organization’s services have grown and are now offered at four different locations in the Long Beach and South Bay areas.

To add to its uniqueness, each location provides different opportunities for their clients, but has overall become a safe space for the disabled with their philosophy of “love before learning.”

The Long Beach location, also known as the Achieving Results Together (ART) Center, operates on a six-month semester schedule and works a community center with each student signing up for a class or two, and then attending that class for a few weeks.

The icing on the cake is Able ARTS Works has its clients suggest classes. What they suggest, the teachers sometimes make.

“A lot of times we create them because we do something in a class and find that there’s a huge interest in it,” Katie Fohrman, program and community inclusion director, said.

“For example, we decided to do a marionette and [chose] to do a dog. So, I did the dog marionette with them and they named him Snoop, like Snoop Dogg,” Fohrman said with a laugh. “And it was so popular and they loved it so much and I found that it was so beneficial that I created an entire semester class on marionette and shadow puppet making.”

But their classes aren’t only about having fun and creating something to show people. Able ARTS Work is a program that has board-certified music and art therapists, like Fohrman, who is an associate professional clinical counselor for the program as well.

When clients are at Able ARTS Work they work on building skills and courage to do things out of their comfort zones.

Staff members like Bae and Fohrman love what they do. They’re passionate about the company’s mission and love helping their clients broaden their horizons every day.

It’s not just about art and music for them, it’s about how their clients can benefit from working with them in the long-run.

“I think they definitely gain a fellowship; they gain a partnership; and they also gain the confidence to chase their dreams and pursue what they really want to do,” Fohrman said. “A lot of our clients want to be professional artists and we provide that avenue for them. We provide that avenue for them to believe in themselves and follow their dreams.”

INFORMATION BOX

Organization: Able ARTS Work

Founder: Helen Dolas

Social Media: www.facebook.com/ableartswork

This article originally appeared in the Wave Newspapers

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