Lyla Bartholomae on Monday at Circle Park talks about the homeless. She and Gail Sacco were cited in February when they were handing out food to the homeless. Photo by Clint Karlsen.
Two women cited while feeding the homeless at a city park joined several activists Monday in challenging the constitutionality of ordinances they said target people living on the street.
The federal lawsuit, filed by the American Civil Liberties Union of Nevada, alleges that city ordinances and practices violate rights including freedom of speech and free exercise of religion.
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The homeless are also denied equal protection and due process, the lawsuit said.
Las Vegas marshals cited Gail Sacco and Lyla Bartholomae on Feb. 19 for having a gathering of 25 people or more without a permit while they were passing out hot food to the homeless.
They were told that if they came back to the park in six months, they would be arrested for trespassing, a threat the city attorney's office later rescinded.
With challenging the requirement for a permit of 25 or more people and the practice of marshals "86ing" people from parks, the lawsuit alleges the city's practice of designating public spaces as "children's parks," where only those with children can enter, is unconstitutional.
The city's ordinances amount to "a war on our access to public park space," said Lee Rowland, public advocate of the ACLU, at a news conference Monday to announce the lawsuit. "Everyone owns these parks."
But those who live around Circle Park, which is on the median of Maryland Parkway south of Charleston Boulevard, said they do not feel safe going there because it has become so dominated by homeless. And, they said, a park is not the place for social services.
"This is not a proper location for a soup kitchen," said Mayor Pro Tem Gary Reese, who represents the area. "There are more than one group of people's rights here."
He said that shelters and other services are available around the city.
"I've worked hard to make money available for homeless issues," he said. "I feel the lawsuit is a slap in the face of the city after all we've tried to do. Services are available; people need to take advantage of that."
But on Monday, homeless and those who work with them said the Las Vegas Valley sorely lacks adequate services.
"All these people want to do is get in the shade and get some rest," Sacco said. "If neighbors don't want this to be a center for social services, then they should work with us to ... get more access for social services."
Both Sacco and Bartholomae, who were at the news conference, said they continue to feed the homeless in and around the park. They also provide them bus tokens, deodorant and toothbrushes, and they help the homeless get identifications, which allow them to work and get treatment.
John Brown, who had lived in the park for two years after he suffered a stroke and two heart attacks, said very few places exist for the homeless to get services. He lives in an apartment with five other formerly homeless people.
"Where is the proper place? On 115-degree asphalt?" he asked. "They wouldn't be in the park if there was somewhere else to go."
At Las Vegas Rescue Mission, people can stay seven days out of 60. Similar limitations are in place at the Salvation Army.
"There are 600 to 700 beds at shelters for 10,000 to 13,000 people. How the hell is that decent services?" Brown said.
Sacco said the city allocated $3 million for seven nonprofits this year.
"That's a drop in the bucket. That's nothing," she said. "Meanwhile, they're spending $37 million for a baseball stadium for a private company and fighting over how to spend $8 million? How can they say they don't have any money"
Mayor Oscar Goodman, who has come under fire recently for wanting to force mentally ill homeless to get treatment, said, "There are adequate services."
"There are charitable institutions that have social workers, have been able to get these people back into the mainstream," he said. "But to enable them out in the park, to the detriment of the neighborhood, without any usefulness besides a meal, I'm absolutely against it."
He said the problem is that many of the services come with "strings attached."
"They have to abide by a couple of rules. No booze, no drugs. If they have mental problems, make sure they take appropriate medication," he said. "If they want a bed, we'll find them a bed."
He said his proposal to force homeless to get services is meant to help them. "I want to take them by the hand and lead them to salvation."
That path to salvation, or even a life off of the streets, is described as a maze by those trying to negotiate it.
Greg Malm, 58, was raised a few blocks from Circle Park, where he now spends his days.
For 20 years, he was a Teamster and spent eight years working at the Nevada Test Site. Five years ago, a cataract ruptured in his right eye, and he lost his commercial driver's license. Now, he picks up day work doing plumbing, electrical or carpentry work.
With the park closing down at 10 p.m., Malm goes downtown to find an out-of-the-way spot to sleep. He said he was fighting for disability and to get medical treatment for a torn ligament.
He said he likes coming to Circle Park. "I feel safe. I've been coming here since I was 12 years old."
The lawsuit, filed in U.S. District Court seeks an injunction to prohibit defendants from imposing any further criminal penalties against the plaintiffs and seeks an unspecified amount of damages and attorney fees.