Opinion: How homelessness made me a criminal in Denver

Photo byDenver Homeless Out Loud

One of the most unfair things about homelessness is that you are likely to end up with a criminal record eventually.

That is because cities like Denver, Aurora and others across the U.S. make it illegal to do about anything if you are homeless. You cannot cover up with a blanket in a public place, that’s camping. You cannot sit down at bus stations. You cannot sit in your car in a parking lot for an extended period.

Thanks to the camping ban in Denver, I ended up arrested in 2019 after falling asleep in broad daylight along the Platte River Trail behind Crossroads homeless shelter. I was covered with a blanket and the police roused me from sleep. They began to ask me my name and I got up to walk away. They tackled me to the ground. I allegedly donkey-kicked a police officer and was charged with assault. I could have gone to prison.

I don’t know if these cops had an enjoyable time beating me up that day, but they forever changed my life. They brutally beat me. I was taken to Denver Health and my face was stitched up before I went to jail. But beyond that I now have a criminal record that would suggest I am a violent person. Nothing could be further from the truth. Most people would laugh at any allegation that I could or would hurt anyone. My only criminal record prior to my involvement with police during homelessness was a DUI in my thirties. I quit drinking years ago.

To add insult to injury, upon discharge I was given an ankle bracelet, as if the high school and college honor roll student would try to skip town on an assault charge. I grew up with a good two-shoes reputation. That I now have a criminal record and a misdemeanor assault on a peace officer conviction is completely outrageous.

Homeless 11 times more likely to be arrested

Colorado Coalition for the Homeless hosted an online seminar this week, “Criminalization and homelessness,” as part of its ongoing education series. Andrew West shared several statistics, including:

· People experiencing homelessness are 11 times more likely to be arrested than people with housing.

· Black unhoused persons are approximately 10 times more likely than whites to receive a citation for laws criminalizing homelessness.

· Women -- particularly women of color -- are more likely than men to experience homelessness after past incarceration.

· Among homeless youths, half have been in jail, a juvenile detention facility or prison.

· In 2016, the average person experiencing homelessness in Denver had 24 contacts with police over a period of 90 days, which cost the city approximately $4,000/person in arrests, citations, and other expenses.

Standing anywhere is prohibited

Alex Flood, senior deputy public defender for Denver and a panelist for the Coalition discussion, said trespassing laws are most frequently used against homeless people, often at Union Station. He said he seldom sees persecutions for the camping ban, perhaps because it is more difficult to prove. He said homeless people often are sentenced to community service. But the nature of being homeless means your life is in chaos. It can be difficult to find transportation to commitments like community service, Flood said, and an eight hours of community service turns into three days in jail.

Flood noted that in places like LoDo in Denver the posted signs can make it seem like you are not allowed anywhere. “This no trespassing sign is located right next to a sidewalk, where I am supposed to be?” he asked. He said a person in a white shirt and tie likely would not be asked to move along. He noted people out for a 4:30 a.m. jog in the park likely would not be cited for park curfew, but someone pushing a shopping cart would.

The innocence factor

Emma McLean Riggs of the American Civil Liberties Union, also a panelist, said people experiencing homelessness often are charged with crimes they did not commit. This occurs because often they do not have access to representation and judges and juries come pre-loaded with anti-homeless bias.

West noted in his presentation that solutions to the disproportionate handcuffing of the unhoused include innovations like Denver’s STAR program. With STAR, a mental health professional and a paramedic respond to calls of people in duress instead of police. The Coalition also supports the Housing First model, which is the philosophy that if you house people first, thinks like addiction, mental illness or legal problems can then be addressed. Until there is housing, these setbacks keep people experiencing homelessness in a hopeless cycle.

Author David Heitz after Denver Health hospital cleaned up his face following an assault by police.Photo byDavid Heitz

Thanks to laws criminalizing homelessness, I now have a record for allegedly assaulting a police officer. But no police officer left the scene that day with blood on their face. All the blood was mine.