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As Texas Gets Ready to Clear Some Austin Highway Encampments, Governor聽and Mayor聽at Odds

homeless encampments
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This article in The Texas Tribune.

The deadline is near.

At Gov. 's direction, the Texas Department of Transportation on Monday will begin forcing people experiencing homelessness from encampments under state overpasses in Austin and removing any personal property that is left behind.

Abbott's announcement of the pending move came after he gave Austin officials a deadline to show 鈥渃onsequential improvement鈥 in dealing with homeless people camping in or near highly visible public places or risk state intervention. An Abbott spokesman said the governor鈥檚 office wanted to see less feces and fewer needles in the city. But Abbott's office never publicly specified a threshold or process for measuring incidents of human waste or needles before ordering the state to step in.

The governor's decision swiftly prompted strong criticism from city leaders andhomelessness experts. Austin City Council member Greg Casar called Abbott's move a "political stunt" and Eric Samuels, the president and CEO of the nonprofit Texas Homeless Network, said it was "counterproductive " in the short term.

The pushback wasn't new.

Ever since the Austin City Council relaxed some ordinances regulating the public spaces in which people can camp, the governor has criticized local officials and pointed to ,鈥 mentioning potential public health risks associated with people experiencing homelessness. But Austin officials say crime and health data disprove Abbott鈥檚 narrative.

"We're focused on housing, not hiding," Austin Mayor Steve Adler , adding that the city has moved 400 people off the streets and into housing over the last 60 days.

Abbott and Adler have swapped public jabs for months鈥斺攁bout the city's response to its homeless residents.

The mayor has criticized Abbott for spreading misinformation through Twitter, while experts say the governor is taking a 鈥渇ear-based approach" instead of working with Austin leaders to help residents who don't have homes.

鈥淚f we get people upset enough about it and angry and scared enough, then there鈥檚 some political gain in it for people,鈥 said Matthew Mollica, executive director of Austin鈥檚 Ending Community Homelessness Coalition. 鈥淎nd that鈥檚 just really unfortunate.鈥

As those political fights have played out, homeless Texans have been caught in the crossfire, often receiving information about their fates after leaders already made key decisions.

Harvest, a homeless woman in South Austin, said she lives under an overpass to protect herself from the elements鈥攏ot so she can "be an eyesore" to the scores of Austin residents who drive by every day. She asked that her full name not be used because she fears being targeted by other homeless people.

Harvest said she wishes officials would consider the toll it takes when government leaders repeatedly change where people experiencing homelessness can and cannot stay.

鈥淓very time they come through here, they disrupt our whole home," Harvest said."We lose things. And, I lost one of my favorite shoes last time, like not a big deal to you, but I can't go out and buy a new pair."

Ordinance back-and-forth

Following heated debate in June, the Austin City Council rolled back ordinances prohibiting camping, sitting and lying in public spaces that many said criminalized homelessness.

Backlash ensued. Abbott threatened to override the change, and later that wrongly linked a car accident to people experiencing homelessness running through traffic.

Public debate raged as Adler admitted homelessness became more visible in Austin but defended the city's policy.

鈥淲e haven鈥檛 created any more people experiencing homelessness over the last month. Now they are more visible,鈥 Adler said in August, 鈥渂ut it is still the same person that needs a place to stay.鈥

Dozens of residents鈥攊ncluding some with 鈥淩ecall Mayor Adler鈥 stickers鈥攚eighed in during an hours-long Oct. 17 council meeting. Some argued for a reinstatement of the pre-July camping ban, while others argued against any new restrictions on camping and urged the council to focus on finding housing for unsheltered residents.

The council which bans camping on city sidewalks, near homeless shelters and in high wildfire risk areas. The changes went into effect on Monday.

Reality check

On several occasions, Abbott has of alleged crimes committed by homeless people in Austin, to post 鈥減ublic safety threats and pictures showing unsafe conditions鈥 to Twitter and tag Adler. Most recently, Abbott that shows a man damaging a car with metal poles in downtown Austin. The video was originally posted 17 months before Austin officials initially rolled back city ordinances. And the man's because he wasn't homeless, according to CBS Austin.

An Abbott spokesman said the governor did not reference homelessness in the tweet.

"He pointed out what the video shows and what everyone knows, lawlessness has increased on downtown streets in Austin," John Wittman said in a statement. "The Governor will always call out lawless behavior and will take action to keep Texans safe."

Earlier this month, Abbott sent Adler two letters about homelessness鈥攖he first setting a Friday deadline for Austin to 鈥渄emonstrate consequential improvement鈥 or risk state intervention and the second calling on the city to reinstate its camping ban and highlighting reports of unsanitary conditions on Austin鈥檚 streets.

But Adler and Austin city staff have rebuffed the notion that the city鈥檚 homelessness crisis is a threat to public health or safety.

The mayor pointed to indicating a 6% increase in violent crime and a 5% increase in property crime when comparing summer 2019鈥攁fter the camping ban was relaxed鈥攚ith summer 2018. Those figures include all crimes in the city, not just those involving homeless residents.

鈥淭hose are all small numbers relative to what you would get a feel for if you鈥檙e only watching social media in the city,鈥 Adler said.

Austin Police Chief Brian Manley this month told city officials that from summer 2018 to summer 2019 there was a 15% increase in violent crime and a 20% increase in property crime where the suspect and victim were both homeless. In cases with a homeless suspect and a non-homeless victim, violent crime increased by 11% and property crime by 2%. And in cases with a homeless victim and a non-homeless suspect, violent crime increased 19% and property crime increased 42%.

Stephanie Hayden, director of Austin Public Health, said in a council work session Oct. 15 that the city is not in the midst of a public health crisis, adding that she is not aware of any spread of communicable disease from the homeless population to the non-homeless population since June. The Austin Parks and Recreation Department also reported that it has not seen 鈥渁 measurable increase鈥 in feces, needles or garbage near encampments since June.

A Texas Tribune analysis of Austin municipal court data found a monthly average of 9.3 offenses related to human waste in the three months after the camping ban was relaxed, which is lower than the monthly average of 11.8 offenses in the four months before the change.

Abbott's expansive intervention options

Texas statutes give the governor鈥檚 office broad authority to protect public health and safety. Abbott referenced several potential strategies in his Oct. 2 letter to Adler, including the Department of State Health Services鈥 ability to supervise areas of disease outbreaks and the Department of Public Safety鈥檚 authority to enforce criminal trespassing law.

In a statement provided to The Texas Tribune, DSHS said it is unaware of any disease outbreak in Austin but is continuing to monitor the situation. Saying that "there may be an increased health risk due to conditions surrounding homeless encampments" in the city, the department sent Austin a letter Wednesday asking for data on homeless encampments, infectious disease investigations and environmental or public health risks as a result of unsanitary conditions. The city has until Wednesday to respond.

DPS did not respond to an inquiry about whether it had received any direction from the governor.

On Oct. 18鈥攐ne day after the Austin City Council partially reinstated some camping, sitting and lying regulations鈥擜bbott announced that TxDOT would 鈥渁dvance strategies鈥 to force people experiencing homelessness out from under bridges and overpasses in Austin.

Then, one day after the reworked city ordinances went into effect, TxDOT began posting move-out notices under state overpasses.

Earlier this month, Abbott posted a video on Twitter from an event called Texas Picnic put on by Friends of the Governor鈥檚 Mansion where he met Lyric Wardlow, who was homeless as a child in Indiana.

鈥淒etermination led her out of homelessness & to a job,鈥 Abbott . 鈥淣ow she鈥檚 dining at the Governor鈥檚 Mansion.鈥

Wardlow now works with Texas-based advocacy groups to tell her story and influence policies aimed at helping young people experiencing homelessness. Wardlow, invited to the event by a friend, said Abbott was impressed with her journey and asked to share it on social media.

Asked about a potential plan to remove camps under overpasses before Abbott's formal announcement, she said the idea may be what Abbott sees as a way to 鈥渇ix complaints that he鈥檚 hearing鈥 from Austin residents. But she doesn鈥檛 think it is a viable solution.

鈥淚t's still going to be the same amount of people sitting no matter what,鈥 she said. 鈥淏ut I'm hoping that maybe creating a relationship with the governor, especially someone with lived experience, I can suggest different resources and different ways to make this whole thing a little bit easier for both sides."

Spending spat

Experts said Abbott is missing an opportunity to substantively address the issue and earn public support.

鈥淗e could use this to launch a governor's challenge on ending veteran homelessness. That's a very, very achievable goal,鈥 said Samuels, the president and CEO of the Texas Homeless Network. 鈥淗e could add on, let's end homelessness for households with children. Also very achievable.鈥

Meanwhile, Abbott and Adler have also squabbled about public resources spent on homelessness. On Oct. 10, Abbott asserted that Austin is spending more than $20,000 for each person experiencing homelessness.

The problem isn鈥檛 resources,鈥 Abbott tweeted. 鈥淚t鈥檚 prioritization. It鈥檚 inaction & word salad on an urgent public health & safety issue.鈥

Adler pushed back, saying the city鈥檚 $63 million in homelessness and related support services spending is spread across over 7,000 people annually.

of Austin鈥檚 2020 homelessness funding is a one-time allocation as the city maxes out its tax revenues before revenue caps passed by the Texas Legislatureand championed by Abbottare enacted for the 2021 fiscal year.

Adler said the revenue caps will make it more challenging for Austin to address homelessness.

鈥淚 believe it is a failure of state leadership for there to be such a division between our state and its cities,鈥 he said.

He also noted Austin receives fewer federal dollars than other Texas cities addressing their own homelessness problems, .

A Department of Housing and Community Affairs spokeswoman said the state approved $15.2 million to address homelessness over the next biennium. The state $662,843 to Austin for the 2020 fiscal year to provide shelter, services and case management to people experiencing homelessness or those at risk. The Legislature also allocated $25 million across the state to provide services from people experiencing homelessness and struggling with mental illness or substance abuse.

Addressing the problem

Despite the public back-and-forth over the past month, Adler said he hasn鈥檛 been in contact with Abbott except to invite the governor and his staff to city staff meetings. An Abbott spokesman was checking to see whether anyone from the governor's office has attended any meetings, but did not get back to The Texas Tribune by late Wednesday.

The mayor referenced several ways in which the state could help, including providing more resources for substance abuse and mental health treatment, respite care, rental payment assistance programs and waste cleanup.

He said he hopes people, including state officials, can now move past fights over city ordinances since the city recently restricted the places homeless people can freely stay.

鈥淚 hope this community will now pivot to actually solving the challenge that we are facing," Adler said. "And I think we can.鈥

Gilbert Jones鈥攚ho lives under an overpass in South Austin with his pregnant wife鈥攕aid he is trying to clean up trash nearby in hopes of changing lawmakers' minds.

鈥淩eally, you're killing me because we don't have nowhere to go," Jones said. "I mean, it's affecting me because what are we going to do? Where are we going to stay?"

Jones said he doesn't want to go to a shelter because men and women are separated and the couple wouldn't be able to "live as husband and wife."

鈥淚 just pray that Abbott could really look into the heart of those who really want to do something with themselves," Jones said.

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As Texas Gets Ready to Clear Some Austin Highway Encampments, Governor聽and Mayor聽at Odds