FOOD FOR THOUGHT: WINTER 2009-2010
DO NOT ALLOW ANOTHER HUMAN BEING TO DIE IN THE COLD!

"No one, regardless of what they have done, deserves death on the street like that."
--Miriam Aukerman, a Legal Aid of Western Michigan attorney taking up the legal battle on behalf of area
homeless advocates

On January 23, 2009,
Thomas Pauli froze to death in the cold Michigan winter. Shelter after shelter
denied services because Pauli was a sex offender, and the shelters were too close to school
properties, which were closed due to inclement weather. This winter, shelters are again denying
shelter to HUMAN BEINGS. In places like
OTTUMWA, IA, COLORADO SPRINGS, CO, MIAMI/ DADE COUNTY,
FLORIDA, and FRANKLIN COUNTY, PE, this is already beginning. Will we allow another person to freeze
to death in the name of a false sense of security?
READ THIS ARTICLE to get an idea on the process of
hypothermia. It is a very slow, painful way to die!
A NOTE FROM ONCE FALLEN:

I felt rather than bury this in my archives section, it is worthy of a section of its own. In the winter and spring of 2004,
I was homeless. I had stayed in a shelter a while, but had to spend much of time in the streets. Few people care
about the homeless, and even less about a sex offender. When Thomas Pauli died from hypothermia after denied
emergency shelter on January 23, 2009, the message boards were filled with derision and cheers. It is a sad
testament to American culture when we cheer a man's suffering and death. In time, this page will expand to address
the denial of shelter in general.

RELATED ARTICLES

JULIA TUTTLE CAUSEWAY PAGE // HURRICANE SHELTERS PAGE // RESIDENCY LAWS PAGE
(c) 2007-2015 Derek Logue. No part of this website may be used in any way without expressed written consent of the site owner.
R.I.P. Nicholas Chaykovski, S.F., CA, Died Feb. 18, 2010

Residency laws have claimed a second life. Nicholas Chaykovski died from complications related to
the stress of a life of homelessness caused by California's Prop 83, a.k.a., "Jessica's Law." Just
weeks before,
he was featured in an SF-Weekly article on homeless registrants as "Mr. C," which
described accurately the desperation of some homeless registrants simply to get rest. Under Prop
83, a registrant cannot stay in a location violating restrictions for more than two hours. Like Thomas
Pauli before him, we allowed a man to die a violent death out of our thirst for revenge.
What is a "Fundamental Right?"
Derek W. Logue
May 3, 2010

"I feel bad for him. I know it's cold outside, but we have to enforce the law. There is no constitutional right
to warmth."
-- Hamilton County, Ohio Prosecutor Joe Deters, responding to a lawsuit by a homeless Former
Offender to stay at an emergency shelter within 1000 feet of a school

In US v. Guest, 383 US 745 (1966), the Court addresses certain rights as basic and fundamental; “The reason, it
has been suggested, is that a right so elementary was conceived from the beginning to be a necessary concomitant
of the stronger Union the Constitution created.” [See also Edwards v. California, 314 US 160; Kent v. Dulles, 357 US
116, 125-6; and Apthecker v. Secretary of State, 378 US 500, 517.]

What exactly is a fundamental right? What basic rights do all human beings share that is so elementary that it does
not have to be explicitly stated in the US Constitution? My first thought was the most basic human needs to survive--
food, clothing, and shelter. In light of Joe Deter's statement, I wonder if there even
is such a thing as a fundamental
right. After all, we are systematically denying the most basic of human needs to some homeless people simply
because of a status.

In the Declaration of Independence, we get the famous quote "life, liberty, and the pursuit of happiness." Life. The
right to
live. We even have a legal defense of "necessity" for times we break the law during a pressing emergency. If
you were pursued by a serial killer (or a tornado), would you stop and think, "I can't break into this closed business
because B&E is against the law?" I doubt it. We recognize in many instances the right to live as a most basic need
and right. The right to seek emergency shelter should be no different. Yet, we do not honor this for people
stigmatized by the sex offender label.
R.I.P. THOMAS CRAIG, S.F., CA, Died Nov. 18, 2010

Thomas Craig died from cancer-related complications, but homelessness played a role in Thomas
Craig's death. Homelessness has played a role in health complications in three homeless sex
offenders this year alone in San Francisco. In addition to Craig and Chaykovski, a third man,
Faamamalu Casey, died of a heart attack this year. Three homeless registrants have died this year
in the San Francisco area alone. How many more have died as a result of Jessica's Flaw?