The return of the ugly laws (by: Osha Neumann)

http://www.sfbg.com/2012/10/16/return-ugly-laws

http://www.noonsberkeley.com/

Berkeley's proposed sit-lie law smacks of the old attempts to remove "undesirables" from our line of vision

In the late 19th and early 20th centuries, municipalities across the country passed what have become known as "ugly laws," often modeling their ordinances word for word on San Francisco's. According to The Ugly Laws: Disability in Public, Susan Schweik's comprehensive study of these laws, they were intended to target those who "exposed disease, maiming, deformity, or mutilation for the purpose of begging." In city after city a pattern emerged of "enactment, reenactment, crackdown, malaise." As Schweik writes, "what most aligned" the cities "were not the law's successes, but its failures, the impossibility of removing the unsightly in the form of persons."

As with the "ugly laws," the fact that sit lie-laws have been ineffective, has proven no impediment to their spread. Months before the Berkeley City Council voted to place Measure S on the ballot, an independent analysis of San Francisco's sit-lie ordinance conducted one year after its implementation concluded that it had "on the whole, been unsuccessful at meeting its multi-faceted intentions to improve merchant corridors, serve as a useful tool for SFPD, connect services to those who violate the law, and positively contribute to public safety for the residents and tourists of San Francisco." Undeterred by the failures of sit-lie in San Francisco, proponents of Measure S, most prominently business improvement districts representing commercial landlords, promise it will rid the city of what they describe as unsightly "encampments" of nomadic street youth.

I don't like using disease metaphors in politics. Susan Schweik describes the spread of ugly laws as a "contagion," and it's hard to resist a similar metaphor for the spread of sit-lie laws. But what is really at stake here is an ugly tendency in national politics, spread not by an anonymous bug, but by people in positions of power and influence, to shift the blame for our sour economy from those who run the system to those who are run over by it: labor unions, public employees, teachers, immigrants, and now, in Berkeley and too many other cities, people who are homeless. If Berkeley passes Measure S, sit-lie laws could be greenlighted across the nation, for who could object that such laws are unfair and mean spirited if oh-so-radical Berkeley passed one. On the other hand, if we defeat measure S Berkeley has a chance to model how a community can come together to find real solutions to real problems in hard economic times.