Originally Posted by
erikd
There is no possible solution to this problem under the current federal laws and constitutional interpretation. Most of the local laws, ordinances, and prohibitions against panhandling, loitering, etc have been struck down by the courts as unconstitutional. Prior to the civil rights movement, it was standard practice to round up the mentally ill and indigent people on the street, and send them to institutions that were designed to deal with people suffering from various disorders and issues that caused them to be incapable or unwilling to care for themselves.
Under current federal law, there is no legal way to keep mentally ill or indigent people in any type of institution against their will, unless they have been convicted of a crime and sentenced under standard guidelines.
Detroit, like every other city or town in America, has no authority or ability to do anything to stop the street beggars. As is the case with most of the social issues faced in this city, it is an American problem, not just a Detroit problem.
This issue presents a big dilemma for American civil law, liberties, and freedoms. Do we have the right to confine mentally ill or indigent people against their will? Where do we draw the line between their right to constantly violate basic civil ordinances and acceptable codes of conduct, and our right to not have to deal with their petty crimes and harassment on a daily basis?
From a strict legal point of view, it does seem quite draconian to confine a person to a mental institution for petty crimes like shoplifting, public urination, loitering, panhandling, verbal harassment, and vandalism, but when you have a consistent violator of these laws who is impeding the rights of residents and business owners to freely live their lives without constant harassment, there is a valid question about which person is deserving of their rights, and which person has abused them.