Sleeping in cars . . . an issue to rally for or against?

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed."

Written today, we'd substitute "people" for "men," but these words from the Declaration of Independence remain central to our public lives, not just on the Fourth of July holiday.

They were divisive words then and they remain so today. Historians guesstimate that only about a third of the colonists supported independence and a good third remained loyal to the British crown (presumably the remainder would have told the pollsters of the day, "Put me down as 'undecided.'") In our time, one set of patriots invoke the Declaration to protest taxation while waving teabags at the County Government Center while other sets of patriots use the same words in support of government intervention to further a wide range of "rights," from healthcare to full employment.

In a democratic society, clashes over "rights" are common. And too often divisive.

One may be brewing for next Monday at Ventura City Hall.

One group gearing up to arrive in force are citizens committed to humane treatment of the homeless -- and to the long-run goal of ending homelessness in our community. They converged on the City Council back in May to insist on prompt action on a variety of concerns, including a demand to "decriminalize" sleeping in cars.

Another group that is equally determined to be heard are demanding a "clean and safe town for our families and visitors." They are fed up with what one described as "being overrun by panhandling, petty crime, public toiletry and the other symptoms that go along with the problem."

These two concerns are not mutually contradictory -- and in fact could be completely compatible. But when rhetoric heats up, they might run right into each other -- to the detriment of both causes.

The issue at the bottom of all this commotion is a narrow, but potentially contentious one.

For years, under the Ventura Municipal Code it is illegal for anyone to sleep in a car for more than four hours on public or private property, except in case of emergency. It's not an unusual law. It is not a criminal matter -- violations are handled administratively with fines. In the past seventeen months, only ten citations have been issued, all the result of citizen complaints that brought the Police to the scene.

But for those advocating on behalf of the homeless in these tough economic times, that is ten too many. They equate enforcement of the law against sleeping overnight in cars with "criminalizing" homelessness.

Back in May, the Council agreed unanimously to review the statute -- as well as explore whether some sort of supervised alternative might make sense for homeless people to sleep safely overnight in their cars. Some communities have adopted this approach, including nearby Santa Barbara. The Council asked staff to research the issue and return with recommendations -- which are coming on Monday.

The staff are indeed recommending some changes. We offer the alternative of carving a narrow exemption in the ban to allow private property owners such as churches to provide space for homeless people with cars to stay overnight -- as long as we can establish rules to keep this from becoming a public nuisance. It's not clear whether any institution will step forward to undertake such a pilot, but experience in other communities gives us the opportunity to draft the rules to ensure a program that works and avoid significant problems. We are also recommending restoring $22,000 of the $50,000 cut in homeless prevention grant funding as part of this year's budget balancing effort. These funds could help underwrite such a pilot program -- or go to other worthwhile homeless prevention efforts. To read the actual report to the City Council, go here and click on Agenda Item 10.

Reasonable people can disagree, of course, that this recommendation either goes too far -- or not far enough. But it would be a shame if it became a symbolic battleground between those who want a humane Ventura and those that want a safe one, especially since almost everyone wants both.

Fortunately, besides lining up of supporters, leaders in both groups are talking to each other. There is less disagreement that meets the eye. There is a chance that Monday will give everyone a chance to be heard without damaging the spirit of collaboration necessary to successfully work on both concerns.

Ultimately, the City Council (and the City Manager, City Attorney and Police Chief) understand that the "buck stops here" when it comes to local laws and their enforcement. But it is also important to understand that all the issues raised by homelessness are not resolvable with a vote of the City Council -- or the long arm of the law.

Keeping Downtown safe and reducing and preventing homelessness are both vital issues. But they are not primarily political ones. No matter how many people show up at City Hall or how eloquent their pleas, the most important work to be done is not there. It is continuing to work together as a community to make progress where we agree and find ways to resolve differences where we don't.