Vagrancy laws back in new forms Instead of prosecuting homeless people, we need to look at the roots of poverty and learn from our mistakes Robert Garfat Times Communist Monday, March 03, 2003 Remember the vagrancy laws? Thirty or so years ago, if a person was found to be on the street of a town that didn't like the kind of person he/she was, and if said person didn't have a certain amount of money in their pockets, then the police could charge them with vagrancy and incarcerate them for a short period and then move them along to the city or town limits, encouraging them to go forward and not come back. I believe that the vagrancy laws were repealed as unconstitutional or inhumane or dumb or something. Well, they are back. Under the guise of anti-camping bylaws and chattel regulations and no trespassing rules, police in Victoria are performing virtually the same function as the cops of a previous generation did upon the poor and transient. Pick 'em up and move 'em along. Doesn't matter where they go, just as long as it is away from us. I had a conversation with a cop the other day. He came into our shop to complain about the sign we had in the window stating that it was OK for homeless people to sleep in our doorway. He said it wasn't OK. He said the sign meant squat and that the police would bust people who were taking shelter in our alcove regardless of our feelings on the matter. He said that they would be charged with trespassing or obstructing traffic. It was at the discretion of the arresting officer. If the charge was trespassing, our doorway would be considered private property. If the charge was obstructing traffic, our doorway would be considered public property. The arresting cop would use his or her discretion as to whether our doorway was private or public. If our doorway was private then the cop would arrest the sleeping homeless person for crimes against ... who? Our closed shop doorway? The sleeping citizens of Victoria? The Chamber of Commerce? Mayor Alan Lowe? Anyway, the homeless person would get the message. No money? Move along. If our doorway was public then the cop would use his discretion to wake up the sleeping homeless person and confiscate all that person's possessions, including their sleeping bag and issue them a citation. Upon paying the citation and a $70 storage fee, the homeless person could have his or her possessions back. This message is just a little different from the previous. No money? No possessions. Move along. So my question is this: If the vagrancy laws were so wrong a few decades ago, why are we reviving them today? We are told that we must study history or we will be cursed to repeat it. Is this a case of history repeating itself? If so, let us stop it. Let us stop it right now. It was wrong 30 years ago and it is just as wrong today. We couldn't regulate an end to poverty then and we can't today. Rather, let us address the roots of poverty and change the conditions which foster homelessness. Let us begin with ourselves. Let us take the stranger into our homes rather than turn him or her away from our doorways. Let us understand what it is to be just and kind and humane to those who cannot or will not look after themselves. Let us learn from our mistakes and grow as a society. Let us stop regulating poor people out of town, and start legislating poverty out of existence. Robert Garfat is manager of Dark Horse Books on Johnson Street. © Copyright  2003 Times Colonist (Victoria)