Amid Growing Violence Are More Legal Protections Necessary for the Homeless?

Two police officers in Orange County, California were recently charged in the murder of a 37-year-old homeless man, reported the Los Angeles Times. The actions of these officers reflect a growing trend toward violence against the homeless, in many cases resulting in serious injury, and prompting homeless advocates and lawyers to question whether more legal protections are necessary for this group.

Two California police officers are facing criminal charges after allegedly beating a 37-year-old homeless man named Kelly Thomas to death in Fullerton. The officers, Manual Ramos and Jay Cicinelli, approached Thomas at a downtown bus depot in response to reports of vehicle break-ins. Thomas allegedly ran when the police attempted to search him and, although witnesses are not clear on exactly why, the police began to taser and beat him, inflicting the fatal injuries that ultimately took his life. The tragic Orange County incident underscores a growing trend of violence toward the homeless and the need for greater legal protections, explains an Orange County injury lawyer.

Growing Violence

While laws essentially outlawing homelessness draw criticism, the homeless also face other problems that are even more pressing: a rising number of attacks. The Fullerton case made headlines because it was an incident of police brutality that led to death and that was caught on videotape, but it is far from the first act of murder committed against a homeless person for seemingly no reason other than his or her socio-economic status.

In fact, the New York Times indicated in an article in February of 2008 that violence against the homeless was soaring nationwide, mostly with youthful perpetrators to blame. Citing statistics from the National Law Center on Homelessness and Poverty, the newspaper stated that attacks on the homeless had risen as much as 65 percent from 2005.

Sharing the stories of several murders by teenagers who attacked homeless people, the newspaper reported that homeless advocates believed the youth were influenced by the anti-homeless laws and by society’s general attitude toward the homeless. The culture, they claim, had created a situation where the perpetrators did not even see the homeless as people.

Legal Protections

Despite the anti-vagrancy laws that seem to be a direct legal action taken against the homeless, the law does try to protect the rights of homeless people to be free from violence. Moreover, the recent escalation of violent acts against the homeless has prompted legislators to seek stronger protections. For example, in 2011, the National Coalition for the Homeless reported that the California legislature has been working to pass a bill that would make violence against the homeless a hate crime. Hate crimes have more stringent penalties than standard assault or murder cases and the designation of hate crime has traditionally applied to situations where someone is attacked because of his or her race, gender, or, more recently, sexual orientation.

The tort law system can also be used to send a message that violence against the homeless is not acceptable. For instance, CBS Los Angeles reported that Ron Thomas, the father of Kelly Thomas, took the first steps towards a lawsuit against Fullerton when he filed a claim alleging civil rights violations, conspiracy, and negligence. Under California tort laws, if not protected by governmental immunity rules, the Orange County city and the officers allegedly responsible for Thomas’ fatal injuries could face significant liability and be responsible for paying wrongful death damages to his family, explains an Orange County injury lawyer.