Public parks belong to the public, right? A billionaire can't cordon off an acre of Golden Gate Park for his private party. But can a poor person — or anyone who claims they can't afford a home — take over public spaces where children play and families experience nature?
That is the question now before the Supreme Court case, Grants Pass v. Johnson. Before going into particulars, note that both Republican and Democratic politicians think the answer should be "no." That leaves activists who support the right of "the homeless" to take over public property. They want a "yes."
The case is a challenge to a ruling by the Ninth Circuit Court of Appeals, in San Francisco, that cities cannot evict "homeless" campers if there are more of them than the local shelters can accommodate. It stems from an ordinance issued by Grants Pass, Oregon, that strictly limits the opportunity to erect a home on public spaces. It forbids even wrapping oneself in a blanket while sitting or lying in public.
A conservative Ninth Circuit judge, Daniel Bress, issued an angry response to the ruling that, critics say, has actually encouraged the sprawling tent encampments tormenting the nine Western states in the court's jurisdiction. It's been noted that in the four years since the decision, homelessness in the states the Ninth Circuit covers grew by about 25% while falling in the rest of the country.
Bress urged the judges to just look out the windows of their San Francisco courthouse. They will see, he said, "homelessness, drug addiction, barely concealed narcotics dealing, severe mental health impairment, the post-COVID hollowing out of our business districts."
Gavin Newsom, Democratic governor of California, joins in the criticism. The Grants Pass decision, he says, has "impeded not only the ability to enforce basic health and safety measures, but also the ability to move people into available shelter beds and temporary housing."
The debate over the rights of the "homeless" has always stumbled over an agreed definition of the homeless population. Some may be families unable to meet rising rents. Some are mentally ill. Some are addicts, while others are "drug tourists." Some reject the accommodations at shelters, preferring to sleep under the stars.
Is the solution to let any of these groups take over parks where children play? Is it to let them visit squalor on the very business districts cities need to pay for public services, including theirs?
The city of Los Angeles holds that homeless camps deny pedestrians and the disabled use of the streets. Cities in Arizona have argued that the law is simply unworkable. The enormous encampment in Phoenix has reportedly cost Arizona millions of dollars and years of litigation.
Drawing lines isn't always easy. Can a city criminalize public urination by someone who doesn't have access to a toilet? What about lighting a fire to cook on? Addiction is not a crime, though it is constitutional to punish someone for using illegal drugs.
It may be necessary to dust off a term coined by John Kenneth Galbraith in the 1950s, though in a way the economist did not intend. It's the existence in this country of what he called "private affluence, public squalor." While the urban rich may have five acres at their country house for their kids to play on, their housekeepers' children have only public parks as their green playground.
We don't pretend here to have an answer for the homeless problem. Because the population is diverse, the answers must also be diverse. But one answer can't be to strip away the public's right to use the public spaces that ultimately belong to them.
Reprinted with permission from Creators.
NRA: ‘We Highly Recommend’ Racist Newsletter That Frequently Defended Slavery
Published with permission from Media Matters for America
The NRA’s magazine America’s 1st Freedom celebrated racist former NRA board member and NRA Executive Council member Jeff Cooper and recommended that people read the late Cooper’s newsletter — which was peppered with racial slurs and defenses of slavery — before the 2016 election.
In an August 3 article, America’s 1st Freedom feted the upcoming 40th anniversary of Gunsite, a shooting academy founded by Cooper. The article lavishes praise on Cooper’s “well-known erudition,” calling him “a formidable historian and philosopher of broad, eclectic taste.”
The article concludes with a note suggesting, “For further reading, we highly recommend Jeff Cooper’s Commentaries” before linking to where the newsletter can be read online. Jeff Cooper’s Commentaries were a monthly to bi-weekly publication that ran from 1993 until Cooper’s death in 2006.
According to the NRA, the commentaries “are insightful, wide-ranging and quite frequently laugh-out-loud funny” and “Even 10 or more years later, many of his observations remain astute and timely, particularly in advance of the 2016 presidential election.”
Cooper often used racial slurs in his newsletter, including calling people of Middle Eastern descent “ragheads,” black children “pickaninnies” and “goblins,” Japanese people “nips,” Vietnamese people “gooks,” American Indians “pesky redskins” and “Injuns,” and black South Africans “kaffirs” — a term equivalent to the slur “nigger” in the United States.
After the Transvaal Province in South Africa was renamed to the Gauteng Province during the 1994 post-Apartheid elections which were open to all races, Cooper suggested that the province’s inhabitants should be referred to as “Oranggautengs.”
In response to a 1999 speech by Nelson Mandela, Cooper put forward the racist idea that “Equality is biologically impossible, and liberty is only obtainable in homogeneous populations very thinly spread.” Years later, he also wrote, “Sorry, Mr. [Thomas] Jefferson, but all men are not created equal. (‘All ya gotta do is look.’)”
A recurring theme in Cooper’s newsletter was defending the institution of slavery. In one instance, Cooper claimed that “slavery has been the normal condition of mankind for most of history. What do you do with the losers? You either kill them outright or put them to work”:
We reflect, in this period of racist agitation, that slavery has been the normal condition of mankind for most of history. What do you do with the losers? You either kill them outright or put them to work. If you pen them up you have to feed them, and you have enough trouble feeding yourself. Despite this a large number of semi−literate types in the States seem to think of slavery as a unique invention of the southern states of the US over a period of a few generations.
Cooper mused that abolishing slavery in the United States was “a mistake” in another commentary, suggesting the institution of slavery is as inevitable as “gravity,” and argued that “Without the institution of slavery, civilization would never have been achieved, for no one could ever have done anything intellectual if he had to spend all his time hewing and digging and fighting.” According to Cooper (emphasis original), “Colonial Africa was a far better place for both black and white before the colonists gave up.”
Cooper was an anti-gay bigot who praised Zimbabwe dictator Robert Mugabe for calling LGBT people “perverts who do not deserve civil rights.” He also wrote that “lesbians make lousy shots” compared to “normal girls.”
The NRA article praising Cooper’s commentaries was published the day before an NRA representative appeared on Fox News to discuss NRA efforts to appeal to a more diverse audience:
NRA Executive Vice President and Chief Executive Officer Wayne LaPierre speaks during the leadership forum at the National Rifle Association’s annual meeting Friday, May 3, 2013 in Houston. (AP Photo/Steve Ueckert)