Mayor Greg Ballard vetoes 'Homeless Bill of Rights'

Republican Mayor Greg Ballard has vetoed a proposal that would have made Indianapolis one of the first cities in the country to establish a "Homeless Bill of Rights."

The City-County Council earlier this month approved the ordinance largely along party lines, with one Republican joining 15 Democrats in favor. Along with establishing specific rights for the homeless, it also would have made it more difficult to relocate them from public land, like in the case of closing a homeless camp.

But while stressing that he "truly cares about our homeless population," Ballard on Friday vetoed the proposal, calling it an "ill-conceived" liability for the city.

"Proposal 291 accomplishes nothing in the way of caring for our homeless population, yet it does create very serious liability issues, including placing both Department of Public Safety and Department of Public Works employees in untenable positions," Ballard wrote in a statement released early Friday evening.

The proposal was sponsored by Councilman LeRoy Robinson and backed by advocacy groups, who argue that homeless individuals are unfairly criminalized and faced pervasive discrimination in their daily lives.

On Friday, Robinson protested Ballard's decision on Twitter.

"Very sad day for our city with the veto by Mayor Ballard of Proposal 291," he wrote. "NO protections or Bill of Rights for the HOMELESS in Indianapolis!"

Among the protections: the right to "move freely in public spaces," such as sidewalks and public buildings; the right to equal treatment by city agencies; the right to emergency medical care; and the right to a "reasonable expectation of privacy" for their personal property, just as someone would have inside a home.

Robinson argues such explicit protections are needed because the rights of the homeless are often trampled on.

Republicans, however, said the protections were over-the-top and would invite a lawsuit.

"Despite the proposal's unofficial title as a 'bill of rights,' the rights enumerated already exist for all citizens," Ballard said. "This is an ill-conceived proposal, and I cannot in good conscience sign this into law."

When Rhode Island passed its own Homeless Bill of Rights, the first in the country, legal experts said that its true power resided in the courtroom. For instance, advocates could use it to prevent cities from passing anti-loitering laws aimed at removing homeless people from parks.

Indianapolis' version would have gone a step further, requiring the city to provide 15 days notice before shutting down a camp, and to catalog and store someone's possessions for a reasonable time after relocation.

Now, the debate will shift toward a homeless engagement center, which would provide temporary housing and treatment for intoxicated homeless people, instead of taking them to jail. A long-discussed proposal to build one awaits vetting in a council committee.

That proposal, also sponsored by Robinson, may face an easier road to passage if funding can be indentified.

Ballard indicated some support for the concept in his veto message.

"We worked with community partners years ago to a create plans for a homeless engagement center — a solution that some councillors ultimately blocked," he wrote.

Call Star reporter Brian Eason at (317) 444-6129. Follow him on Twitter: @brianeason.