photo by Donovan Brooks
In his exhibition "Open Your Mind," shown at Orlando City Hall in 2015, photographer Donovan Brooks documented the local casualties of economic hardship.
The proposed ordinance — which is still subject to a public hearing and a second vote — would amend city code to expand the city's definition of "disorderly conduct," which currently refers to certain aggressive, confrontational or willfully obstructive behaviors, such as acting "in a violent or tumultuous manner toward another" or blocking traffic either on the street or sidewalk after being warned by a law enforcement officer to "disperse" (i.e., get lost).
Under the new proposal, the definition of disorderly conduct — a misdemeanor charge, subject to fine of up to $500 and/or up to 60 days jail time, if convicted — would be expanded to refer to:
Any person who, walks, stands, sits, lies, or places an object in such manner as to intentionally block passage by another person or to require another person to take evasive action to avoid physical contact, or who, after being ordered to move by law enforcement officers, remains in or on any public street or sidewalk in such a manner as to block or impair movement of vehicles or pedestrians.In other words, if your body or your possessions block the path of anyone walking on a sidewalk, you can be charged with disorderly conduct and end up in jail or in debt. The word "intentionally" is rather disingenuous here — only the person who takes an action can actually know the intention behind that action.
The ordinance, passed unanimously on its first reading, was advanced without a single comment by either Mayor Buddy Dyer or any city commissioner, although city documents describe the ordinance as a public safety measure.
The Orlando Police Department, which would be tasked with enforcing the amended disorderly conduct prohibition, told Orlando Weekly in a statement that they do not expect this ordinance will disproportionately affect the unsheltered population "as it is aimed at illegal activity."
"This ordinance will give our law enforcement officers a mechanism to address anyone who tries to block pedestrian movement on our sidewalks, regardless if it is for the purpose of solicitation of donations, distribution of materials, marketing, signature collection, expression of viewpoints, threatening to fight or any other purpose, anywhere in the City, and regardless of who commits the act," the department's media relations office shared over email. "OPD supports the City Council’s actions to help make our sidewalks safer."
The unanimous vote of approval from Orlando City Council occurred shortly after a discussion that lasted over an hour on the issue of the growing presence of homeless people in downtown Orlando and adjacent Parramore. That historic African American neighborhood just west of downtown has historically suffered from disinvestment, despite its close proximity to downtown's luxury high-rises and serving as the home of sprawling stadiums for the city's professional sports teams and other attractions.
The discussion of homelessness in and on the outskirts of downtown Orlando, however, centered around the proposed renovation of the Christian Service Center, a decades-old nonprofit organization that serves as a "front door" for the unsheltered, providing meals, showers, laundry, as well as access to rent and utility assistance. The nonprofit operates largely from its headquarters in Parramore, across the street from Exploria Stadium, home to Orlando's Major League Soccer team.
"This is a historic day," Dyer said, after the city commission approved funding to upgrade the Christian Service Center's buildings, most of which haven't seen significant upgrades or renovation since 1984.
The renovation, expected to occur over the next 18 months according to the Orlando Sentinel, will allow the nonprofit to establish the region's first comprehensive day services center for the city's unsheltered population — people who are currently living on the streets or in their cars.
Although the renovation will not include any physical expansion of the property or buildings, it will add indoor showers, mailboxes, laundry, and other direct services.
The renovation, aimed at enhancing services the nonprofit already provides, will be funded through the Community Redevelopment Agency, a city-run special tax district, and Accelerate Orlando, a $58 million pool of federal funds the city received through the Biden administration's American Rescue Plan Act, which city leaders earmarked last year to expand homeless services programs and fund affordable housing projects.
The local tri-county region — spanning Central Florida's Orange, Seminole, and Osceola counties — has seen a 75% increase in unhoused residents since 2019, according to the region's most recent Point-In-Time count, illustrating a clear need for viable solutions.
“We estimate on average about 200 to 225 unsheltered individuals in the city of Orlando on any given day,” said Lisa Portelli, senior advisor to the Orlando Mayor's office on issues of housing and homelessness.
Some residents and business owners in downtown Orlando, and in neighboring communities, have complained about the city's growing homeless population, following a period of seemingly unprecedented rent hikes from 2021 onward and a subsequent rise in eviction filings.
Although rent growth in Central Florida has slowed, average rent is still up hundreds of dollars more per month today from just a few years ago, leaving middle and low-income workers in the region's dominant tourism and service economies, and their dependents, just one car crash, major medical emergency or layoff away from being unable to afford housing.
A number of partnered nonprofits, including the Mental Health Association of Central Florida and Health Care for the Homeless (which was also approved funds to support their endeavors on Monday), came out to support the renovation project for the Christian Service Center, which has helped over 1,500 adults and children through direct services in 2023.
Eric Gray, executive director of the Christian Service Center, highlighted the city's commitment to addressing housing and homelessness issues through projects such as motel conversions and launching or breaking ground on new "affordable housing" projects (which, granted, moonlight as tax breaks for developers).
Since 2015, the city has also aimed to address homelessness issues through a Housing First strategy — an approach that recognizes that, without a stable place to live, it's nearly impossible to make significant progress in other areas of life, from finding a stable job to mending strained relationships or recovering from a mental health or substance use issue.
"The city of Orlando is actually taking quite a bit of effort on this particular issue across multiple different dimensions in ways that the other 26 municipalities in Central Florida simply are not," Gray said on Monday. "Not yet," he added.
The big 'But'
The new disorderly conduct ordinance, on the other hand, flew completely under the radar, despite containing language that appears targeted toward people struggling with or on the verge of homelessness — an issue that appeared to be of great interest to those gathered at City Hall.
Ahead of the meeting, Homeless Services Network CEO Martha Are — whose organization similarly supported the $6 million Christian Service Center renovation — told Spectrum News 13 she admittedly had some concerns about the proposed ordinance.
“We definitely support safe neighborhoods and communities, and we understand that dynamic, but we also recognize that when you criminalize being homeless, that is not an ultimate solution,” said Are.
A violation of the city's ban on disorderly conduct, expanded under the proposed ordinance, could result in a $500 fine and up to 60 days jail time.
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Are, who was in attendance at City Hall on Monday, did not directly address the ordinance in her public comment focused on the renovation project, although there was a glint of an indirect reference as she emphasized a need to ensure the Christian Service Center's neighbors in Parramore are meaningfully considered and consulted in the process of coming up with strategies to best address homelessness issues.
"[We] support the idea that when services are already located in a neighborhood, that the neighborhood deserves to know that those services are being operated in a way that is efficient, effective and with best practices, so that we again, move people off the streets into housing in a way that minimizes criminalization while maximizing outcomes," said Are.
There were mixed feelings on the renovation from some. Citing the city's goal to reduce homelessness, local pastor Derrick Williams called on city leaders to also come up with ways to help unsheltered individuals after hours, when the Christian Service Center closes and those without homes are left to fend for themselves on the streets.
"The residents and stakeholders embrace the concept of reducing the presence of unsheltered in the streets of Orlando by 50% during the day," said Pastor Williams, who participated in a series of community meetings organized by the city for residents and other "stakeholders" in the Parramore and West Lakes neighborhoods.
"But [we] are concerned about what happens when the comprehensive day centers close at night," he shared.
Mayor Dyer, who was recently re-elected for a sixth term, acknowledged that there was still more work to be done on this issue. The city has plans to develop a new "low barrier" shelter, for instance, which would be open 24 hours a day and accessible regardless of whether users meet the stringent requirements often imposed by homeless shelters. Requirements can include having a state identification card, Social Security card or birth certificate; leaving the shelter during the day, or maintaining sobriety, in order to get help.
“The items that are related to homelessness today are not our entire solution," said Dyer. "There's going to be additional projects as part of Accelerate Orlando that come before our board in the next couple of months.”
For Orlando's homeless population, unfortunately, that could also include the newly proposed disorderly conduct ordinance, which conveniently received little attention Monday.
Then again, Orlando has a decades-long history of controversial ordinances targeting the homeless population, from a ban on panhandling passed in 2000 — which was later deemed unconstitutional through a 2018 U.S. Supreme Court decision — to a ban on unpermitted food-sharing in local parks, enacted in 2006, that was obviously meant to target groups like Food Not Bombs, an activist group that regularly organizes food shares in downtown Orlando and which took the city to court over the issue in 2011.
Although the panhandling ordinance itself isn't exactly enforceable, a webpage on the city's website clarifies that the Orlando Police Department "continues to enforce aggressive solicitation and harassment ordinances, which has led to as many as 600-800 arrests per year."
"These arrests, however, are short-term answers to an issue that requires long-term
solutions," the page reads.
Under city rules, all proposed ordinances must be voted on twice by city commissioners, during two separate meetings. Ordinances are also subject to a public hearing, which generally just ahead of the second vote.
A city spokesperson confirmed to Orlando Weekly that the ordinance will be up for a second vote, following a chance for members of the public to weigh in on the proposal, at City Council's next regularly scheduled meeting on Monday, Jan. 8, 2024.
Unlikely to get help from the state
Meanwhile, as large Florida cities like Orlando continue to grapple with an affordable housing shortage, there's little hope the state government will step in to help.
Failing to read the room, so to speak, state lawmakers earlier this year approved an industry-backed, bipartisan law during the 2023 legislative session that prohibits cities and counties from placing limits on rent increases. This new law, backed by trade groups such as the Florida Apartment Association and Realtors Association, came less than a year after nearly 60% of Orange County residents voted in support of a rent control measure locally, which was ultimately blocked by a lawsuit filed by the two aforementioned industry groups.
A separate law, largely pushed through by a Republican majority in the Florida House and Senate, also dissolved local tenant rights ordinances that cities and counties passed during the pandemic to help prevent eviction and keep people housed as rents skyrocketed. Orange County, for instance, now has a Tenant Bill of Rights law on the books (effective as of March) that it can no longer legally enforce.
A handful of state Democrats, however, continue to persist. Despite their minority status in the state Legislature, the Dems' slate of proposals for the 2024 legislative session includes bills that would, for instance, limit rent increases to no more than 30% annually, expand eligibility for Citizens Property Insurance policies (a bill filed jointly with a Republican state representative) and require landlords to provide tenants with functioning AC (no, your landlord isn't required to do this currently).
During a live-streamed legislative session preview last month, local State Rep. Anna Eskamani also confirmed she plans to refile her massive housing bill, which calls for the development of a state Department of Housing and Tenant Rights that would be dedicated to addressing the state's housing issues. That proposal, also filed last session, died in the Republican-dominated legislature without ever reaching a vote.
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