Arrested for the crime of being homeless
LOWELL — The Lowell Police arrest logs tell the story of the human toll of criminalizing homelessness. Since the City Council passed an ordinance on Nov. 12, making it unlawful to camp on public property in the city, LPD has arrested nearly a dozen unhoused people for the singular crime of “trespassing.”
The enforcement of the ordinance further punishes those who already have so little, said Patricia Hiort, of the advocacy group Matthew 25.
“Personally, I believe that these arrests for simply trespassing not only makes their lives harder but also makes it harder for each of them to escape homelessness,” she said by text on Wednesday. “If they are arrested for trespassing, they find it harder to obtain housing.”
The civil ordinance bans outdoor sleeping or camps established by homeless people on city-owned land and public spaces, as a “matter of individual and public safety.”
“It is unlawful for any person to camp or maintain a Campsite or Camp Materials in or on any public property or in the public right-of-way, including but not limited to any street, sidewalk, school or public park, unless specifically authorized or during a Period When Shelter Is Unavailable,” the ordinance says.
In its short shelf life, the ordinance has ensnared people like Juan Diaz-Vilella, age 70, who the LPD listed as homeless. He was arrested last week, for trespassing “after notice.”
In happier — and housed — days, Diaz-Vilella was a retired building superintendent and widower who was featured in The Sun in 2019. He would gather near a park bench on Market Street with other mostly retirees who hailed from Puerto Rico, to talk and pass the time. They called themselves “a bunch of ancianos (old men).”
Then, Diaz-Vilella was living in an apartment. Now, he is one of the homeless people who live on the streets and was caught up in the ordinance dragnet. And he is just one of many names this reporter recognized in the arrest logs, including Peter Neofotistos, 72, no fixed address, who was also arrested for “trespassing.”
When arrested, Neofotistos left behind his wheelchair-bound companion, Pam Gallagher, who depended on him to keep her safe on the streets that they now call home. Neofotistos was evicted from the Lowell Transitional Living Center several months ago, and Gallagher left the shelter to be with him. She was last seen by the Jay’s Food Store parking lot in the 100 block of Gorham Street.
The convenience store and parking lot is in an area known to be a hotspot for disorder crimes such as prostitution and drug offenses, and it was the scene of a Thanksgiving weekend shooting between two groups. Multiple spent shell casings littered the area.
The names appearing on the arrest logs are men and women, ranging in age from 33 to 72. Many were arrested for “trespassing” only, and not for criminal activity such as drugs, assault and battery, outstanding warrants, weapons and theft.
But they all entered the maw of the criminal justice system likely because of the ordinance and their unhoused status.
Even before the City Council passed the ordinance, it had requested increased LPD patrols in the area around South Common Park, to address the quality-of-life issues. An early arrest was a 38-year-old homeless man, who was arrested for “failure to appear for trespassing.”
And the list goes on and on.
Arrests in and of themselves are not barriers to housing, said Community Teamwork Director of Communications Kathleen Plath.
“However, fines, warrants and convictions are,” she said by email on Wednesday. “Arrests lead to fines which can lead to warrants for unpaid fines, which can lead to convictions.”
Which can lead to an unhoused person becoming permanently unhoused.
The Lowell Transitional Living Center, located at 205-209 Middlesex St., is the primary destination for any unhoused individual adult seeking shelter. The shelter offers both day and night services with intake for emergency shelter placement processed between 10 a.m. and 3:30 p.m.
From November to April, LTLC operates the Winter Emergency Bed Program to provide an extra 30 cots to supplement its 90 regular overnight beds.
The U.S. Department of Housing and Urban Development defines individuals as homeless if they lack a “fixed, regular and adequate nighttime address.” In January, the city conducted its annual, federally mandated point-in-time count of the number of people experiencing homelessness, and found there were 189 sheltered and 97 unsheltered individuals in Lowell.
Advocates say the number has grown even larger, raising questions whether the shelter’s bed count is sufficient to meet the needs of the city’s growing homeless population like Diaz-Vilella or address outliers like Neofotistos, who has been banned from receiving shelter at Lowell’s largest facility.
“Anyone looking for placement should contact the LTLC at 978-458-9888 prior to arriving at the building,” Plath said. “Upon arrival a case manager will go through the intake process and the guest will be triaged for a bed.”
For individuals in need of mental health services, contact Vinfen Adult Mobile Crisis Intervention line at 978-674-6744 or 866-388-2242. Families in need should contact the state Executive Office of Housing and Livable Communities at 866-584-0653.
