"The law, in its majestic equality, forbids all men to sleep under bridges"

Journal of Public Health Policy,  2002  by France, Anatole

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THE New York Times of June 14, 2002 carried a remarkable story. A federal appeals court upheld the right of the Fifth Avenue Presbyterian Church to let homeless people sleep on its steps without fear of being dispersed by the New York City police. Apparently there are about 20 homeless people who sleep nightly on the steps of the church, located near Tiffany's and Trump Tower in the upscale tourist area of mid-Manhattan.

The city's mayor, Michael R. Bloomberg, said "We think that asking people, or letting people sleep outside without bathroom facilities, without security, without a bed, is just wrong . . . it's not compassionate." The city's contentions were that the church was operating a homeless shelter without a license, or creating a public nuisance. The church stated that it "is commanded by scripture to care for the least, the lost, and the lonely of this world." The court held that the church's provision of outdoor sleeping space out of "sincerely held religious belief" is protected by the First Amendment. Unless the city could show that police action was generally applied-not directed at homeless people or churches in certain neighborhoods-the constitutional hurdle would be extremely high.

The city's lawyers claimed a compelling governmental interest in "preventing the church from providing inadequate shelter nightly and encouraging homeless persons to avoid a safer, more civilized alternative." The court held that "Common sense, in addition to the evidence put forth by the homeless plaintiffs, suggests that the majority of these homeless will not go to shelters if the city is permitted to disperse them; rather, they will find another place on the street upon which to sleep."

The head of the church's homeless outreach program said the court's decision means that the church will continue trying to get homeless people off the street in its own way. "We wish the city had the capacity and the will to have really sufficient and satisfactory shelters," she said, "but at this point that is not the reality."

According to the New York Times, similar conflicts over homeless ministries have arisen nationwide, especially in affluent neighborhoods, and this decision is likely to be closely read. It is not surprising that police are used to remove homeless people from affluent neighborhoods. This makes it possible to render the homeless invisible, thereby removing the disturbing evidence of a major human disaster.

In the Great Depression of the 30s, the homeless put together large numbers of flimsy shacks throughout the United States. But these disappeared when World War II ended the depression. The current blight of homelessness is very different; it has become a permanent fixture of our society, present in good times and bad. It has been accepted as such, and now the issue is not the elimination of homelessness, but whether some of the homeless may be allowed to sleep on the steps of caring churches.

What is really needed is not only the elimination of homelessness, but a large-scale program to provide adequate housing for all Americans. The public health movement should take a major role in this campaign. The resolutions on housing adopted by the American Public Health Association are meaningless unless they are followed by action and leadership to solve this major public health problem.

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