Hello fellow members of CHAI and guests,

The following is a letter I sent to Grant Neufeld, administrator of CHAI, about the Public Behaviour Bylaw. The Bylaw 54M2006 is set to be ratified in a third reading at Council as soon as Monday, November 20 2006. The letter states my position on the issue, which is a position I hope is shared by many other members of CHAI and requires that CHAI take immediate action to organize a protest and petition. A rough action plan is included. Grant has added the issue to the agenda for tonight's CHAI meeting, 7 p.m. at Knox United Church. Please come as it will be discussed, and petition forms will be available. Thank you for reading.

Hi Grant,

Sorry for the late nature of this request. This morning on CTV news I saw that they are planning to carry through with the final ratification of the new 'manners' Bylaws. It is clear that these unfairly target the homeless: among some of the new laws, it will now be illegal if you are caught urinating in public, loitering, or putting your feet up on benches or city structures.

Some have pointed out to Council that when you are homeless, it is difficult or impossible to find establishments that will allow you to use their washrooms. The suggestion was made to build more public washrooms downtown, but Council responded that they felt these would doubtless be used for illegal activities such as shooting up.

Do to the overcrowding of homeless shelters, and the fact that Council has done too little in trying to secure new shelters before the winter cold, many homeless people are forced to sleep on benches or near public structures in parks where they can lay their heads or get out of the wind. In Victoria they have this law, and cops on beat patrol are constantly forcing sleeping homeless to wake up move along which is bad enough (though they do not fine them).

_Many of these people likely became homeless because they could not find affordable housing._

This is where CHAI comes in. We know it's reprehensible for the City and Council to ensure these people have nowhere to go, and then try to fine those people that don't have any money to pay. This will be a huge detriment to those who are attempting to get on their feet and survive. It's despicable. And we also know that there are few that will speak out against it, or who are organized enough to prepare a protest.

This is why I feel CHAI should take the following 5 actions:

1. CHAI and its members should speak out strongly in the media as much as possible against these bylaws before they are ratified on November 20th, stressing how cruel it is for those who have caused so many to become homeless to incur such punishments upon those now helpless.

2. We should write letters and send emails to Council, carbon copied to media sources and MPs. A form email such as that used previously could sent to all CHAI members through this email list and everyone would be asked to both personalize it and forward it to Council / media / MPs, and also forward it to everyone they know asking that they do the same in support.

3. We should start a petition, with all of our members who are willing collecting names

4. We should organize a placard protest in Olympic Plaza or directly in front of City Hall for the 18th perhaps, the Saturday before their Council meeting. Or, if some would be willing, we could meet on the Friday beginning at 4 or so when many of us would be able to get there, and when the Council might still be there to hear us. More names can be collected from the petition that day, and the petition delivered to every member of Council first thing in the morning on the 20th.

5. Posters and handbills should be made and distributed as soon as possible to tell everyone about the petition and the protest

If you feel the way I do, I hope that you will bring these items up tonight. With your permission, I will bring a number of petition forms to the meeting tonight to give out to those willing to collect signatures, and to collect the signatures of those at the meeting. I can also create a poster and copy it for CHAI members. I could create the email form letter proposed, unless there is someone else at CHAI who knows more about the bylaws that I do, which I suspect may be the case. I hope that I will hear from you soon so that I can make these preparations if you are on my wavelength.

Council is meant to represent the City. Let's show the City that its citizens have a conscience, and require Council to have one too!

Thank you,

Laurie

Edited by CalgaryMultiarts on Tuesday, November 14, 2006, 4:34 PM.

Some media reports:

• Calgary Herald: Be nice, or pay a fine.
• CTV: Public behaviour bylaw

The petition is available for download now.

Please print out, get people to sign-on, and then bring them on Monday at noon to City Hall. Or contact us, by Sunday, at admin@housingaction.ca or 262-2934 to make other arrangements.

http://housingaction.ca/file/chai/chai-calgarybylawpetition.pdf

And the poster for Monday's protest is up now, too:
http://housingaction.ca/file/chai/chai-2006Nov20-protest.pdf

Here's a copy of the text of the proposed bylaw:

BYLAW NUMBER 54M2006

BEING A BYLAW OF THE CITY OF CALGARY
TO REGULATE PUBLIC BEHAVIOUR

WHEREAS under the provisions of the Municipal Government Act, the Council of The City of Calgary may pass Bylaws respecting the safety, health and welfare of people and the protection of people and property;

AND WHEREAS under the provisions of the Municipal Government Act, the Council of The City of Calgary may pass Bylaws respecting people, activities and things in, on or near a public place or place that is open to the public;

AND WHEREAS it is desirable to establish a Bylaw to regulate problematic social behaviours that may have a negative impact on the enjoyment of public spaces within the municipal boundary;

NOW, THEREFORE, THE COUNCIL OF THE CITY OF CALGARY ENACTS AS FOLLOWS:

1.This Bylaw may be cited as the "Public Behaviour Bylaw".

INTERPRETATION

2.(1) In this Bylaw unless the context otherwise requires:

(a)“City” means the municipal corporation of the City of Calgary or the area contained within the boundary thereof as the context requires;

(b)“defecate” means to discharge waste matter from the bowels;

(c)“fight” means any confrontation involving violent physical contact between two or more people;

(d)“officer” includes Bylaw Enforcement Officers and police officers;

(e)“public place” means any place within the City to which the public may have either express or implied access;

(f)“spit” means to eject phlegm, saliva, chewing tobacco juice or any other substance from the mouth;

(g)“urinate” means to discharge urine from the body.

(1)Each provision of this Bylaw is independent of all other provisions and if any provision is declared invalid for any reason by a Court of competent jurisdiction, all other provisions of this Bylaw remain valid and enforceable.
(2)Nothing in this Bylaw relieves a person from complying with any provision of any federal or provincial law or regulation, other bylaw or any requirement of any lawful permit, order or licence.
(3)Any heading, sub-headings, or tables of contents in this Bylaw are included for guidance purposes and convenience only, and shall not form part of this Bylaw.
(4)Where this Bylaw refers to another Act, bylaw, regulation or agency, it includes reference to any Act, bylaw, regulation or agency that may be substituted therefor.
(5)All the schedules attached to this Bylaw shall form a part of this Bylaw.

FIGHTING

3.No person shall participate in a fight in any public place.

URINATION & DEFECATION

4.No person shall defecate or urinate in or on a public place or in public on any private property.

SPITTING

5.No person shall spit on any street, sidewalk, pathway, trail, or in or on any public place or in public on any private property.

LOITERING

6.(1) No person shall loiter in a public place and thereby obstruct any other person.

(2)No person shall stand or put his feet on the top or surface of any table, bench, planter or sculpture placed in any public place.

POSSESSION OF VISIBLE KNIFE

7. No person shall carry a visible knife in any public place.

OFFENCES AND PENALTIES

8.(1) Every person who contravenes any of the provisions of this Bylaw by doing any act or thing which the person is prohibited from doing is guilty of an offence.

(2) Any person who is convicted of an offence pursuant to this Bylaw is liable on summary conviction to a fine not exceeding $10,000.00, and in default of payment of any fine imposed, to imprisonment for not more than six (6) months.

(3) The specified penalty payable in respect of a contravention of a provision of this Bylaw is the amount shown in Schedule "A" of this Bylaw in respect of that provision.

(4) Where an officer believes that a person has contravened any provision of this Bylaw, he may commence proceedings by issuing a violation ticket in accordance with the Provincial Offences Procedure Act, R.S.A. 2000, c. P‑34.

(5) This Section shall not prevent any officer from issuing a violation ticket requiring the court appearance of the defendant, pursuant to the provisions of the Provincial Offences Procedure Act, R.S.A. 2000, c. P-34, or from laying an information instead of issuing a violation ticket.

9.This Bylaw comes into force on the day it is passed.

SCHEDULE “A”

SPECIFIED PENALTIES

SECTION ... OFFENCE                         ... SPECIFIED PENALTY

3       ... Fight in public                 ... $250.00

4       ... Urinate or defecate in public   ... $300.00

5       ... Spit in public                  ... $100.00

6(1)    ... Loitering and obstructing       ... $250.00

6(2)    ... Stand or put feet on a table/bench/planter/sculpture ... $50.00

7       ... Carry a visible knife in public ... $50.00

I was thinking that if the City of Calgary won't provide public toilets then we as concerned citizens will have to build them. So considering this, I have bought a low-flow dual flush toilet (I was already planning to replace our toilet). I'm still trying to find a large box (maybe a frigde box) to use. But on Monday we'll build our own Port-A-Pottie for all Calgarians to use including the homeless. Please mention this in the press release if another one is going out on Monday.

Our city understands this issue around toilets. Check out the 2005 document to revitalize the East Village: Urban Revitalization: Public Toilet Alternatives for the East Village and the Downtown. I quickly glanced at the document but gravitate towards the hygience palace service centre model. I do not know where the city is a consulting the community on this approach.
http://www.calgary.ca/docgallery/bu/cns/centre_city/public_toilet_alternatives.pdf

I think the bigger issue is creating a fair bylaw that works for everyone. I understand our city has to act, and postponing this bylaw to go through a fairness filter and intergate actions with the urban revitalization might be a start.

Take a look at Fair Calgary brief report policy that looks at the bigger picture when the city makes new bylaws...the policy was discussed on November 1st, 2006 and you can look at the brief report.

Press Release

Here's the press release that went out to local media about the protest:

FOR IMMEDIATE RELEASE

Citizens' Group to Protest Behaviour By-law

CALGARY, NOVEMBER 20, 2006 -- Members of the Calgary Housing Action Initiative (CHAI) have organized a petition and protest against the City of Calgary's proposed behaviour bylaw (54M2006).

WHAT: Protest rally against the proposed behaviour bylaw
WHEN: Noon to 1:00 PM, Monday, November 20, 2006
WHERE: The steps of City Hall

The group opposes the bylaw's targeting of the homeless. They have been gathering signatures since Wednesday, November 15, to be delivered to city council for the afternoon council meeting on Monday. The protest rally is scheduled to include speakers from CHAI, including homeless citizens, and supportive members of city council.

The group is calling on the city to ensure that everyone has access to public restroom facilities and adequate--and safe--shelter, before making it illegal to deal with natural needs for rest and bodily functions.

"The parts of the bylaw about loitering, loitering and obstructing, putting feet up on a bench or public structure, and urinating or defecating in public are designed to put the homeless in jail. When you look closer, you see that they make it illegal to huddle, panhandle, sleep outside, and use the bathroom when no public washrooms are provided." said Laurie Fuhr, organizer of the petition and protest.

"In a time of extreme crisis, when there are not enough shelters or affordable housing and not enough being done by the City to provide these necessities, it is reprehensible and without conscience for City Council to decide that the solution to these problems is to create a bylaw that effectively gets rid of the homeless by putting them in jail." said Fuhr.

Fuhr concludes, "As citizens, we can do much better for the poor in our community than to allow the City to do this to them. We must put a stop to it, and demand that the City move more quickly to provide more shelters and more affordable housing in this time of crisis. With our petition and our protest on Monday, November 20th, we will make our voices heard."

About Calgary Housing Action Initiative (CHAI):

Founded in August 2006 as a citizens' response to the housing crisis in Calgary, CHAI is a broad-based coalition of citizens and organizations including homeless Calgarians, property owners, politicians and concerned citizens. The group is working on, and advocating for, diverse solutions to ensure adequate, safe and secure housing for all.

Contact:

Laurie Fuhr
Organizer of the protest and petition against the behaviour bylaw
Member, Calgary Housing Action Initiative
(private phone # omitted)

Grant Neufeld
Coordinator, Calgary Housing Action Initiative
(private phone # omitted)
http://housingaction.ca/

###

The discussion here is used as a reference in the August 24, 2007, article Homelessness is not a Crime at the Calgary Drop-in & Rehab. Centre Blog.

Wow! What a great rally.

I'd say there were at least 50 people who came out (which is great—especially considering how short of notice we gave). Two city councillors came and spoke, Helene Larocque of Ward 3 and Joe Ceci of Ward 9. There was a ton of media coverage, too.

I take it as symbolic that as the rally went along, the sun started to shine on us :-)

I've posted a few photos of the event:

good job guys!

I hear the report on the Fairness filter will be read out to a Standing Policy committee sometime in late winder. We should attend this SPC and talk about we can make this by-law work or suggest ammendments.

good job guys!