Janine Jackson interviewed Food Not Bombs’ Keith McHenry about criminalizing homelessness for the August 2, 2024, episode of CounterSpin. This is a lightly edited transcript.
Janine Jackson: With wages, including the minimum wage, largely static, prices rising out of the reach of many who call themselves middle class, and rents outpacing wages in 44 of the country’s 50 biggest cities, you could be unsurprised that homelessness is at record rates. The latest federal count found 650,000 unhoused people on a single night, nearly half of them sleeping outside. The response of several localities is to criminalize the act of sleeping outside or, in some places, of having a shopping cart.
States are using their budgetary power to punish communities that don’t push people off the street, including places that have more unhoused people than shelter beds, and to arrest people who don’t have a safe space to go to. As of October, in Florida, any city that doesn’t enforce their ban on camping can be sued, including by individual residents or businesses. “We’re going to have clean sidewalks,” said Gov. Ron DeSantis, signing the law in March.
Other places have introduced fines, so that a person who asks for a quarter can get a fine of hundreds of dollars. This is being called a “crackdown on homelessness,” as though that were an isolated abstraction, and not a broad societal failure.
Keith McHenry is an activist, author and artist, and the co-founder of Food Not Bombs. He joins us now from Santa Cruz, California. Welcome to CounterSpin, Keith McHenry.
Keith McHenry: Thank you so much for having me. This is great.
JJ: Let’s start with California, and Governor Newsom’s directive to dismantle encampments throughout the state, in the wake of the Supreme Court’s Grants Pass v. Johnson ruling that gave governments more authority to do that. Newsom says he’s directing state agencies to “move urgently to address dangerous encampments while supporting and assisting the individuals living in them.” Is that a thing that can happen?
KM: Even before Newsom’s executive order, he was giving out money to cities to clear homeless encampments. It’s called the Homeless Encampment Resolution Grants. And in Santa Cruz, $4 million was given to clear the camps around the homeless shelter. And, in fact, the management of the homeless shelter was all excited that they got the money, and that they could get rid of the homeless that were camped around them and in the neighborhood where the shelter is.
And this campaign, I think, is getting more and more aggressive, not only because of the removal of the protections from the Ninth Circuit Court of Appeals in the Grants Pass v. Johnson case that went to the Supreme Court, but because it’s being driven, in part, by this organization called the Cicero Institute, which was started by Joe Lonsdale in 2016, and he is connected directly to the Central Intelligence Agency. He received funding, along with Peter Thiel, who is most famous right now for being the backer of JD Vance as the running mate with Trump, and by Alex Karp, CEO of Palantir.
So Palantir is one of the largest surveillance organizations in the United States, the private company that was created after protest of Total Information Awareness, which was a government plan after the 9/11 bombing. And they are involved in a matrix of things surrounding homelessness, including creating AI to find homeless camps.
So there’s already, since Newsom’s executive order, you can see police and people just throwing away homeless people’s belongings in these sweeps, mentioning both the Supreme Court ruling and Newsom’s executive order, basically stating that they’re going to get rid of the homeless from California.
But Joe Lonsdale’s Cicero Institute has been providing model legislation to states across the country. The one that you just referred to, with DeSantis, was one of their victories. They also got a law passed in Kentucky where you can actually use the Stand Your Ground law to shoot homeless people that are not cooperating with your eviction of them from private or public land.
So this trend is frightening, and we’re already seeing it in Santa Cruz, and this is in San Francisco, it’s across the country, and the problem is, there’s no place for anyone to go. And in Newsom’s executive order, he claims that you’re supposed to store things for 60 days; this virtually never happens with the sweeping of the camp. The camps that were swept here in Santa Cruz in the last couple of weeks, people just didn’t get their belongings back, and we had to give them pup tents and sleeping bags and blankets, just to replace the equipment that was taken by the police and public works during these really vicious sweeps.
JJ: I hear that. And Miami Beach, I understand, is one of a number of places that allow arrests if the individual declines shelter placement. And I think that kind of line makes sense for a lot of people, for whom this is just a story in the paper—the idea that, well, they were offered shelter, and maybe even offered some kind of mental health care, or some substance abuse care. And aren’t those the personal problems that are driving them to the street? What’s wrong with that solution of, “Well, we’re offering them stuff”?
KM: The reality is there is no there that they’re offering. They’re just telling the public that there is some kind of shelter space. First of all, the shelters are already full, everywhere in the country, so you have to kick a homeless person out of a shelter, and that’s what they do here in Santa Cruz, to make place for a new homeless person. So when they cleared Coral Street in front of the homeless shelter, they evicted 10, 15 people out of another shelter, and then put the 10 or 15 people into that shelter, and then it’s a net gain of zero sheltered people.
But the other thing is, a lot of people do not want to go to shelters because, for instance, the shelter here is referred to as the “concentration camp,” and that’s because you can’t have your husband or wife with you, you can’t have your pets with you….
There’s one shelter that’s being proposed in San Diego where there’s 715 people in one room on bunk beds, and you get a little plastic box to put all your belongings in. And then you have to live in—just like the shelters here—very controlled, like a minimum security jail.
In our town, you’re not allowed to walk out of the shelter into the city. You have to get a van, because they don’t want homeless people walking by housed people’s houses. And therefore you’re limited by the staff as to when you can come and go.
I am very concerned with the increase in homelessness. Right now, there’s 81% of America is living paycheck to paycheck, and homelessness has already been increasing dramatically. According to HUD, it increased 12% last year. We have so many unhoused people, because of the rocky economy, that they will then be moving people into large camps outside of cities, like they did with the Japanese during World War II. I’m worried about it, because we are heading into what could potentially be a world war, and then a lot of the polite comments that can happen before war, and ideas, will just be out the window, and it’ll be okay to round up the homeless and place them in these camps, which will be presented as navigation centers, where they’ll somehow get a job somewhere in the future, or some kind of mental health help.
And here in California, they passed Proposition 1, and essentially they’re building mental hospitals, and then homeless people are becoming wards, basically, of the local county, who then controls all their Social Security benefits and everything. So it’s very tragic, and I think American people really actually do know, because so many of us have family members that are homeless, and probably struggled with their addictions, or with their having to sleep on our couch, and we’re getting tired of it. We’re all impacted directly in this, and there’s definitely solutions to ending homelessness, which is building things like single room occupancy hotels, and all the things that kept people off the streets before this catastrophe.
JJ: I just wanted to pick up on that, because I think a child would say, “Oh, people are unhoused. What about housing?” And yet, somehow, that seems like, ”Oh, no, no, no, we can’t do that. Well, we’ll put out signs, we’ll pay money to put out signs telling people, don’t give money to homeless people, but we won’t put that money into housing.”
Keith McHenry: “Millions of dollars have been spent just driving people from corner to corner, with no even slight effort, really, to house people.” (photo: KSQD)
KM: Governor Newsom here in California has spent $24 billion on homelessness. And, in the city of Santa Cruz, they gave us $14 million to help the homeless about a year and a half ago. And so far they’ve used $1 million to clean out a camp of about 400 people who had no place to go. Those people were just cleared out of the woods this weekend. So now they’re back downtown. And so millions of dollars have been spent just driving people from corner to corner, with no even slight effort, really, to house people.
And then there’s a very “Not In My Back Yard” campaign that happens. So every time there’s even a slight proposal to house some homeless people, build a building for them or open a hotel for homeless people, you end up with riots and protests, as you can see has happened in places like New York City. And then there’s the pitting of immigrants and homeless against one another, which is another divide-and-conquer tactic that is occurring, that’s also making housing homeless people very difficult.
So there’s just no policy, no national policy, no state policies, really, to resolve this, other than through criminalization.
Now, the criminalization is really dire. So, for example, in Santa Cruz, you get a $25 ticket each time you’re found camping. Of course, then they take most of your stuff when they give you that ticket. And then what ends up happening is if you fail to pay that, then you get a $350 fine for not paying your $25 ticket. And then two tickets in 30 days is a misdemeanor, and you can end up, ultimately, over time, spending months and months in jail for just the crime of being homeless.
And then each one of these tickets and late fees goes into collection. You get a job, finally, and then your wages are taken by the collection agency for your fines for having slept outside. So this is going to make ending homelessness in America much, much more dire, because more and more people will fall into that trap, because the system’s set up to be difficult.
JJ: And then don’t think about helping unhoused people with food, because that’s going to be a crime too. We talked with Megan Hustings back in 2017, when people from Food Not Bombs were being arrested in Florida for serving free food to homeless people in a public park. So even the places where other people might be trying to intervene, and trying to provide some support, offer some help, they’re being told no, no, that’s also a crime.
KM: Yeah, there was just a person arrested in Dayton, Ohio, for feeding the homeless there. In San Francisco, we were arrested a thousand times. I did 500 days in jail, and ultimately faced 25 to life in prison, when the city was so frustrated they eventually framed me on things that I never did. I also did 18 days personally in Orlando, Florida, for feeding the homeless at Lake Eola Park.
Fortunately, Food Not Bombs has pushed back across the country in that regard, and we won an appeals case in Florida, which ruled that sharing free food is a First Amendment–protected right. And the Dayton, Ohio, people are using that case to defend themselves.
And then we also have found in Houston, where we were ticketed nearly a hundred times, at $2,000- a-time fines, that they could not find a jury that thought it was reasonable to convict someone and force them to pay money for feeding the homeless. So they’ve kind of generally dropped that case. So we’re having some good fortune pushing back.
But the idea that a country that’s letting their people go hungry, and I answer the Hunger Hotline, 1-884-1136, and I get calls all day long, roughly 20 a day, from seniors who have no food, who get referred to me by UnitedHealthcare or Red Cross or something, for home delivery. And the system is breaking down. And the stories I hear of these 20, 30 people, sometimes—on a good day, it’s like 10 people—it’s just heartbreaking. And those are people on the verge of becoming homeless, that have a home but have no food, and live in America. Often they’re vets that have worked their entire lives, and now they’re in this precarious position, and it is just heartbreaking.
JJ: We’ve been speaking with Keith McHenry from Food Not Bombs. They’re online at FoodNotBombs.net. Keith McHenry, thank you so much for joining us this week on CounterSpin.
KM: Thank you so much.