Rudy Dealt Defeat On Homeless
Two judges have put a temporary halt to Mayor Rudolph Giuliani's plan to put children in foster care if their parents seek city shelter but refuse to accept work-fare assignments.
State Supreme Court Justices Elliott Wilk and Helen Freedman on Wednesday signed temporary restraining orders that bar the city from expelling homeless families from shelters, or from taking children from families on the grounds that the adults are not providing shelter for them.
Michael Hess, an attorney for the city, said he would appeal.
"All of the issues in this matter had been previously been ruled on in the city's favor and today the rule of law has been totally ignored," Hess said in a statement.
Wilk said the policy, "strikes terror in the hearts of people with children."
City officials had previously announced that on Dec. 13 they would start enforcing state rules requiring homeless families who seek shelter to comply with all public assistance rules, which include accepting work-fare jobs.
If adults do not accept work-fare assignments, they risk losing their municipal shelter and seeing their children placed in foster care because they lack shelter, Human Resources Administration officials said.
Meanwhile, police have been arresting homeless people who refuse orders to move from sidewalks. That element of the city's homeless policy was not before the court.
The crackdown began last month, after a woman was assaulted by a brick-wielding homeless man on a Manhattan street.
The mayor's tactics have sparked protests and drawn criticism from homeless advocates and others, including talk show host Rosie O'Donnell.
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| Rosie O'Donnell attacked the mayor's homeless policy on her talk show. |
"Is that the most startling thing you've ever heard? In America, in 1999?" she said. "It's unbelievable...He's out of control, this guy."
O'Donnell said she was willing to get arrested to protest the policies, as some New York City residents have done in rallies this week.
Giuliani dismissed her comments as a partisan attack, saying the remarks were a carryover of her October campaign appearance for Hillary Rodham Clinton, the mayor's likely opponent in a race for the U.S. Senate next year.
"I remember her remarks at the fund-raiser, and she's obviously a very, very strong partisan, and I hink she's probably carrying over her politics in her show," the mayor said.
Two judges heard the proceeding, requested by the Legal Aid Society, because each had heard and ruled on different but similar cases involving homeless shelters. Both signed temporary restraining orders.
"This is really a misguided policy, and I think it's time for the mayor to rethink it," said Steven Banks of Legal Aid. "It doesn't make sense to whipsaw families like this."