california’s human rights crisis - berkeley law · webinar host: environmental justice coalition...

California’s Human Rights Crisis

A WEBINAR ON INADEQUATE ACCESS

TO WATER & SANITATION BY HOMELESS RESIDENTS F EBRUARY 15, 2019

Webinar Moderator:Sandra Lupien, MPPClimate & Environmental Policy & Communications Strategist

Independent Consultant for EJCW

Lead co-author of “Basic & Urgent: Realizing the Human Right to Water & Sanitation for Californians Experiencing Homelessness.”

Sandra.lupien@gmail.com510-681-3171

Webinar Host: Environmental Justice Coalition for Water

Cori Ring-MartinezSacramento Program Coordinator

cori@ejcw.orgwww.ejcw.org

The ReportCase Studies in Oakland, Berkeley, and Sacramento

Interviews with staff to elected officials, planners, service providers, people experiencing homelessness

Literature review

Promising practices from other states and regions

Analysis of Barriers/Opportunities

Recommendations

Report Link

Water is a Human Right

International:United Nations Committee on Economic, Social, and Cultural Rights: “[t]he water supply for each person must be sufficient and continuous for personal and domestic uses. These uses ordinarily include drinking, personal sanitation, washing of clothes, food preparation, personal and household hygiene.”

California:Assembly Bill 685: “…every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes.”

But, CA has, “no minimum standards for access to water and sanitation and there is no enforcement mechanism to incentivize jurisdictions to comply

Daryel Dunston,MPADeputy Division Manager of Community Housing Services, City of Oakland Department of Human Services

Gale Filter, JD, MPPPhotojournalist & Documentarian

Volunteer with Mercy Pedalers

Retired environmental prosecutor at CalEPA’s Department of Toxic Substances Control

Madeline Morcelle, JD, MPHStaff Attorney at Mississippi Centerfor Justice

Author: Health Justice for People Experiencing Homelessness: Confronting the U.S. Public Sanitation and Hygiene Crisis, for The Network for Public Health Law.

James Lee Clark“Faygo”Social justice, homelessness, and public commons activist and advocate

Homeless resident of Sacramento

California’s Human Rights Crisis

A WEBINAR ON INADEQUATE ACCESS

TO WATER & SANITATION BY HOMELESS RESIDENTS F EBRUARY 15, 2019

Access to Drinking Water by Californians Experiencing Homelessness (CEH)Sources:Various: See citations on p. 11 of “Basic and Urgent: Realizing the Human Right to Water and Sanitation for Californians Experiencing Homelessness.”

2017 Unsheltered Residents by City (from Annual Point-in-Time Count):

Berkeley: 664

Oakland: 1902

Sacramento: 2052

Access to Toilets Water by Californians Experiencing Homelessness (CEH)Sources:Various: See citations on p. 15 of “Basic and Urgent: Realizing the Human Right to Water and Sanitation for Californians Experiencing Homelessness.”

2017 Unsheltered Residents by City (from Annual Point-in-Time Count):

Berkeley: 664

Oakland: 1902

Sacramento: 2052

Los Angeles Central Providers Collaborative, Skid Row Community Residents and Partners, “No Place to Go” (June 29, 2017), pp. 8, 25. Available at, http://www.innercitylaw.org/wp-content/uploads/2017/10/170911_No-Place-To-Go-September-Update.pdf.

Many Unsheltered Californians face worse access to water and toilets than is required by international standards for refugee camps. Sources:Various: See citations on p. 7 & 8 of “Basic and Urgent: Realizing the Human Right to Water and Sanitation for Californians Experiencing Homelessness.”

United Nations Human Right Council (UNHCR) Standards

“Sphere” Standards for Humanitarian Assistance:◦ 15 liters (~4 gallons) of water/person/day◦ 500 meters (~1/3 mile) to nearest water source◦ 30 minutes max wait time

Standards for Planned Refugee Camps◦ 20 liters (~5.25 gallons) of water/person/day◦ 200 meters (~1/12 mile) to nearest water source◦ 1 shower per every 50 persons◦ 1 toilet per every 20 persons◦ No one should live less than 50 meters ( ~3/100 mile) from a toilet

California:

4th highest income inequality in U.S.

Sources:

2012-2016 American Community Survey, U.S. Census Bureau and Zippia

California:

2nd fastest income inequality growth rate in U.S.Sources:

2012-2016 American Community Survey, U.S. Census Bureau and Zippia

Rents keep increasing and households are “rent burdened” Source: Table pulled from Ballotpedia’sanalysis of California Proposition 10 on the November 2018 ballot; data sourced from U.S. Department of Housing & Urban Development

Demand for Affordable Housing Overwhelms SupplyKey: VLI=“Very-low income:” households earning 31-50% Area Median Income

ELI=“Extremely Low Income:” households earning 30% or less AMI

Sources:California Department of Housing and Community Development Annual Progress Report Permit Table Summary, June 1, 2018

2017 Annual Point-In-Time Counts for Berkeley, Oakland, and Sacramento

“[Cities] are completely overwhelmed with the

number of people living on the streets, and we all

can’t just sit around waiting for housing to be built.

Even if it were being built in any kind of timely way,

which it’s not, we wouldn’t catch up and so we have

to do something in the meantime [to provide for the

basic needs of unsheltered persons].”

-- Lara Tannenbaum, City of Oakland Housing & Human Services

Source: Basic & Urgent: Realizing the Human Right to Water & Sanitation for Californians Experiencing Homelessness

Gale Filter, JD, MPPPhotojournalist & Documentarian

Volunteer with Mercy Pedalers

Retired environmental prosecutor at CalEPA’s Department of Toxic Substances Control

Homeless in Sacramento: Cruel & Unusual Punishment Gale Filter

Madeline Morcelle, JD, MPHStaff Attorney at Mississippi Center for Justice

Author: Health Justice for People Experiencing Homelessness: Confronting the U.S. Public Sanitation and Hygiene Crisis, for The Network for Public Health Law.

Madeline Morcelle, JD, MPH

Staff Attorney, Mississippi Center for Justice

mmorcelle@mscenterforjustice.org / @mtmorcelle

February 15, 2019

Advancing the Human Right to Sanitation Through Public Health Law & Policy

California’s Hepatitis A Emergency: 2016–18

52%

61% 71%

of Californians

experienced

homelessness on a

given night (2017

POC), yet . . .

of Californians

DIAGNOSED with

Hepatitis A reported

experiencing

homelessness

of Californians

HOSPITALIZED with

Hepatitis A reported

experiencing

homelessness

of Hepatitis A-related

DEATHS affected

Californians

experiencing

homelessness

0.003%

Email from Sarah New, Epidemiologist, CA Department of Public Health, to Madeline Morcelle (April 17, 2018, 10:36 MT) (on file with author).

30

30 30

divestment from public sanitation

and hygiene services

inequitable health care access

California’s Hepatitis A Emergency

30

Public Health Law

Core

public

health

laws

Laws targeting

health-related social

factors, e.g., zoning

(built environment)

Constitutional +

common law

Adapted from WENDY E. PARMET, LAUREN A. SMITH, MEREDITH A. BENEDICT, POVERTY, HEALTH AND LAW

READINGS AND CASES FOR MEDICAL-LEGAL PARTNERSHIPS 23 (Elizabeth Tobin Tyler et al. eds., 2011)

Public health pursues high

levels of health for all,

consistent with social

justice. Public health law

consists of government’s

legal powers and duties to

assure the conditions for

people to be healthy, and

limits on government’s

power to constrain

individual rightsAdapted from LAWRENCE GOSTIN & LINDSAY WILEY, PUBLIC HEALTH

LAW: POWER, DUTY, RESTRAINT 5 (3rd ed., 2016)

Available at www.networkforphl.org

Public Health Law & Policy Solutions

32

33

Health in All Policies

Public Health

Health Care

Public Works

Human

Services

Law

Enforcement

Environmental

Services

34

participatory processes

craft

recommendations

create

action

plan

articulate

community

vision

assess

environment

Municipal Public Toilet Strategies

Example:

Greater

Bendigo,

VIC, AU

City of Greater Bendigo, Greater Bendigo Public Toilet Strategy (Dec. 2017), available at www.bendigo.vic.gov.au

Restroom Access Legislation

35

Daryel Dunston, MPADeputy Division Manager of Community Housing Services, City of Oakland Department of Human Services

Inherent tension between short-term and long-term interventions

Direct Outreach Services / Temporary Shelter Optionsvs.

Affordable Housing Development

“With regard to the unsheltered population, policy positions will continue to be debated -however, access to water is not debatable. Any proposed policy alternative or policyrecommendation, whose aim is to mitigate the negative impact of unstable housing, must at aminimum, include a provision to guarantee access to potable water.” - Daryel R. Dunston

Approximately 250 people

Access to drinking water, showers, toilets, and laundry services

Homeless Shelters

Community Cabins ProgramApproximately 120 people

Access to drinking water, showers, toilets, and laundry services

Approximately 230 people

Access to drinking water, showers, toilets, and laundry services

Transitional Housing Program

Throughout Oakland

• Cases of drinking water provided by outreach services

• 20-30 portable toilets

• 15-20 mobile wash stations

Direct Services to Encampments

Lava Mae has partnered with the City to provide mobile showers at three designated locations, twice per week.

An exploration of expanding mobile shower and mobile laundry services is underway.

Mobile Shower Services

California’s Human Rights Crisis

A WEBINAR ON INADEQUATE ACCESS

TO WATER & SANITATION BY HOMELESS RESIDENTS F EBRUARY 15, 2019

Webinar Host: Environmental Justice Coalition for Water

Cori Ring-MartinezSacramento Program Coordinator

cori@ejcw.orgwww.ejcw.org

Panelist Contacts

Sandra Lupien, Moderator & Producer:

Sandra.lupien@gmail.com

510-681-3171

James Lee Clark “Faygo”faygodrinkiit@gmail.com https://www.facebook.com/OccupySac247

Daryel DunstonCity of OaklandDRDunston@oaklandca.gov

Gale FilterMercy Pedalers (Sacramento)galefilter@me.com

Madeline MorcellMississippi Justice Centermmorcelle@mscenterforjustice.org

California’s Human Rights Crisis

A WEBINAR ON INADEQUATE ACCESS

TO WATER & SANITATION BY HOMELESS RESIDENTS F EBRUARY 15, 2019