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Laws on the books are being ignored, thereby redefining our rule of law as something capricious and without consistency.
The burgeoning homeless situation has resulted in the very real specter of Anchorage becoming another failed west coast city like Los Angeles, San Francisco, Portland and Seattle. Anchorage is not quite there . . . yet. Soon, if something is not done.
Given the lack of sanitation and substance abuse, homeless encampments are a serious public health issue. Millions of dollars have been spent over the years on this issue without any positive effect.
Whether by purposeful intent or not, the failure of Anchorage’s government to deal with the problem is creating burgeoning public safety and health threats to the people of Anchorage and those who come to Anchorage for business or pleasure.
Anchorage’s homeless population is not like that of other states. The majority are Alaska Natives, and they have income. These people fuel their party lifestyle and substance abuse with the money provided by their corporation checks and the state PFD. This can mean up to $60,000 per year for CIRI shareholders and at least another $1,500 PFD. This is money that can be garnished for the cost of incarceration, treatment, and transportation back to their home state or village.
We can make all the excuses that we want, but these people made a choice. Many came to Anchorage through free transportation for a medical appointment or were let out of prison or jail in Anchorage, and stayed rather than return to their village. A conscious decision.
Either Anchorage and, eventually, the Valley will become mirrors of the failures Outside, because of the bureaucratic inertia that seems to be part of the homeless problem, or we demand government do something about it, now.
The excuse of Mayor Ethan Berkowitz and the Municipal Assembly that a court decision is the underlying causation of their refusal to enforce existing law is just that, a specious excuse.
Rights can be suspended by executive emergency declaration, or by a court, thereby enabling government to act to effect whatever action is required to remove the threat to the public safety and welfare. It is undeniable that the disease, unhealthy sanitation, and substance abuse that are associated with this lifestyle are threats to the public safety, health and welfare. It is time to demand accountability by the Municipality of Anchorage for its inaction. Mayor Ethan Berkowitz and the Assembly members need to be held accountable for their inaction.
To excuse this behavior and to refuse to enforce the laws to protect the public is a violation of the oaths of office for the mayor and for each assembly person. They should be held complicit as accessories acting to enable the crime, destruction of property and any illness by their failure to act to enforce the law. They should be required to help pay for the cleanup and enforcement out of their salaries, given that their inaction is the reason this situation is not being addressed.
Or, they could go to Governor Michael J. Dunleavy and request an emergency declaration under AS 26.05.070. The governor can then call the organized militia to state active duty to supplement the APD and the AST in removing the inhabitants of these camps to the Palmer Correctional Center for processing and transportation to wherever they came from.
Palmer Correctional Center sets empty and could serve as a temporary processing facility. The facility has a kitchen, sanitary facilities, and secure areas for those arrested on warrants or who present a behavioral problem. The organized militia can supplement DOC personnel in providing security for those being processed.
A declaration of emergency extinguishes the homeless individual’s rights, as they are the reason for the emergency, and they are in violation of existing statutes and code.
The benefits? Safer streets, because crime should drop with the apprehension of those with outstanding warrants, and, when the substance abuser leaves town.
Does what is suggested target Natives? No. All of the homeless would be treated equally. The state would assess a cost and charge each individual. Those with outstanding warrants would be arrested, and the rest would be given a ticket and a ride to the appropriate airport. Failure to board their flight would result in an arrest warrant. Failure to pay would result in collections.
Those who are assessed with a mental illness that prevents them from making a rational decision should be placed in care under the applicable state or federal agency.
To prevent recurrence, enforcement against the establishment of these camps and this lifestyle has to be a priority. The law needs to be changed to disallow such camps and a homeless lifestyle that becomes a public threat to health and safety.
There is a cost and it is time it was paid by both the politician who fails to act in defense of the law and the person creating the threat to the public.
The Mayor and the Assembly need to do their jobs.
So does the State of Alaska.