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Utah lawmaker proposes 'Homeless Bill of Rights'

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SALT LAKE CITY — The line forms outside St. Mark's Cathedral in downtown Salt Lake City as volunteers inside hurry to set up.

A volunteer rushes to put down mats and pillows. Another brews a pot of coffee and sets up some mugs. The Episcopal cathedral offers space for people experiencing homelessness to get out of the cold for a while, a break from other places in the city where others tell them to move along.

"It’s cold, we’re supposed to be able to stay warm, but you’re constantly moving us on at odd hours," said Ron, who showed up on Wednesday at the cathedral.

A new bill being introduced in the Utah State Legislature seeks to offer unsheltered people more legal protections. Grant Amjad Miller, who was just elected to the state House representing a portion of Salt Lake City, has filed what is being called a "Homeless Bill of Rights."

"Those specific rights include the right to be safe in your own property and affects the right to have your own personal information protected, the right to vote and to register to vote if you don't have an address, the right to equal access to public spaces, the right to be free from discrimination from government entities, and the right to be free from discrimination from employment for not having a physical address," Rep.-elect Miller said in an interview with FOX 13 News.

The bill is modeled after similar legislation that has been passed in other states, he said. It is not a free pass to abuse public spaces or commit crimes, the Democratic lawmaker insisted, but bolsters rights people would already have if they had a physical address.

Wendy Garvin, the executive director of the homeless resource group Unsheltered Utah, said she likes the concept of Rep.-elect Miller's bill.

"Just the difference between me having an address or not having an address should not be a reason to lose all of your rights," she told FOX 13 News. "The challenge is going to be — this is going to be a difficult bill to get through this legislature and it’s not a priority of many of our legislative friends. But I think it should be."

But one provision of the proposed bill is sure to spark some controversy. It would allow a person to potentially lawyer up and sue over personal property destruction during a homeless camp abatement — where camps are often dismantled because of health and environmental concerns, illegal drug use and other problems.

"They have to get a warrant to come to your house and get your property. It's different when you're looking at homeless mitigation. For example, when you see homeless abatements in the park, sometimes those are necessary," said Rep.-elect Miller, who is a public defense attorney in his day job. "But as an individual experiencing homelessness, you don't necessarily have a clear-cut due process protection when someone comes and takes your property, particularly when they're with the government. This allows for some form of due process for those who have poor access to the court system."

At St. Mark's Cathedral, that provision was supported by some who told FOX 13 News they have lost property to camp abatements.

"It’s awful to deal with that," said Roberta, who is unsheltered. "Especially when those are all the belongings we have in the world. They just come through, give you literally five minutes to pack your stuff."

Garvin said the camp abatement litigation provision would still be difficult, because someone would need to retain a civil rights attorney who might not take a case unless it is a "slam dunk."

The Utah Supreme Court is currently considering whether to revive a dismissed lawsuit accusing Salt Lake City of creating a "nuisance" by not enforcing anti-camping ordinances. The Utah State Legislature is expected to introduce more bills to address homelessness, including some will demand more of shelters and others that seek to offer more resources. Governor Spencer Cox has proposed $18.8 million for homelessness-related needs, a figure Garvin said is lower than what is needed right now.

The governor, House Speaker and Senate President recently sent a letter to Salt Lake City Mayor Erin Mendenhall demanding the police department do more to address homelessness and public safety concerns and threatening state oversight.

"This Bill of Rights isn't incompatible with other homeless mitigation efforts at the state and municipal level," Rep.-elect Miller said. "But what this is supposed to do is to focus in on the individual rights of those experiencing homelessness, so that way, the government has guideposts to remind ourselves who really matters at the end of the day."

The bill will be unveiled when the Utah State Legislature begins meeting later this month.