Weekly Opinion Editorial
KICK
THE CAN DOWN THE ROAD
by Steve
Fair
In
2024, SB#1854, authored by Senators Weaver, (R-Moore), Shane Jett, (R-Shawnee),
Cody Rogers, (R-Catoosa), and Rep. Chris Kannady, (R-Moore), was signed into
law. It made it a crime to have a
homeless encampment on state owned property. On Thursday, Governor Kevin Stitt announced
the creation of Operation SAFE (Swift Action for Families Everywhere). SAFE's first act was to clear homeless camps
in Tulsa set up on state owned property inside Tulsa city limits. On Friday, the Oklahoma Highway Patrol (OHP) removed
5 truckloads of debris from 21 homeless camps across Tulsa. The camps were closed down, apparently
without notice. Illegal immigrants were
arrested and turned over to ICE. Tulsa
County Sheriff Vic Regalado, whose jail facilities are near capacity,
said: "I think we're missing the
point in all of this. We can't incarcerate ourselves out of homelessness."
When he
announced the action, Stitt said it wasn't his job to deal with Tulsa's
homeless problem, but Tulsa Mayor Monroe Nichols and Tulsa leadership 'have not
met the level of action needed to keep neighborhoods safe.' Mayor Nichols fired back saying: “Kevin
Stitt has shown himself again to be an unserious person. I am not interested in
being lectured by someone who has proven time and time again that he only cares
to intervene to score political points.” Nichols is a former four-term Democrat
state representative who is a regular critic of Stitt. Three observations:
First,
homelessness is a national issue. An
estimated 770,000 people are homeless in America. That is up nearly 20% in the last two
years. One in four homeless in the US
are in California. The rising cost of
housing is a factor, but a high percentage of homeless are mentally ill or drug
users. Some people who experience
homelessness are employed in low-wage jobs and can't afford a place to live,
but some are homeless for reasons known only to them.
Second,
it's not a crime to be homeless. The
American Civil Liberties Union (ACLU) of Oklahoma rightly pointed that out
after the governor's decree. The ACLU
solution is for the overtaxed/overworked to give the homeless a hand out and
turn them into permanent dependents for the taxpayer. Many homeless don't identify as victims. They simply dropped out of society because
they wanted out of the rat race. They
want to be left alone. When their independence
intrudes on other citizen's liberty, then something has to be done. Homeless camps in Tulsa had become areas for drug
use, crime and unsanitary conditions.
While it's not a crime to live without a home, it is a crime to not
respect a fellow citizen's property.
Third, there
is not a 'right to roam,' in the U.S. In
many countries of the world, public land can be used by the public for
reactional purposes. In early America, allowing
public access to government land was a given and the concept was considered for
inclusion in the U.S. Constitution. While
public lands are generally accessible, most have restrictions and charge fees.
In a
June 2024 case (City of Grants Pass vs. Johnson), the U.S. Supreme Court
held local governments can criminalize public camping and sleeping for people
experiencing homelessness. The Court
reasoned camping bans address behavior, not homelessness as a status.
Government is good at implementing short-term fixes and avoiding the core problem. The homeless problem in Oklahoma is more complex than hauling off trash and running people off public land. Stitt's action did little more than 'kick the can down the road.' Stitt, Nichols and other local leaders in the Sooner state should work with non-government organizations to determine the root cause of homelessness. Treating symptoms and not the root cause will just relocate the problem, not fix it.
