Civil libertarians say the plan that City Council adopted unanimously last week violates their protections of equal treatment under the law and their freedom of assembly.
Perhaps the most controversial feature of the plan involves increasing police patrols in a 36-block business district and at the riverfront shelter to direct the homeless there for help. If they refuse, they could be arrested under a range of public nuisance laws that include loitering, public intoxication, public urination, aggressive panhandling or trespassing.
I was concerned that it is criminalizing homelessness, said Sue Berkowitz of the Appleseed center. People could be targeted and made a suspect class because theyre walking down the street.
Susan Dunn, the legal director for the states Charleston-based ACLU chapter, shares the same concerns.
Police are not supposed to coerce people into behavior, Dunn said. The whole nexus of the relationship between law enforcement and the citizen is that ... they have to have reasonable suspicion of a crime.
The underlying design is that they want the homeless not to be visible in downtown Columbia, Dunn said. You can shuttle them somewhere or you can go to jail. Thats, in fact, an abuse of power.
Columbia homelessness plan draws heated criticism, threat of lawsuits | Local News | The State
