In short
The origins and evolution of modern homelessness, framed through a 1980s New York City conflict between Mayor Ed Koch’s forced-commitment program and the ACLU’s civil-liberties challenge, sparked by Joyce Brown’s case.
Guest backgrounds
Reporter Emma Pettit guides the story. She interviews Stephen Eide (Manhattan Institute, right-of-center social policy researcher on homelessness and mental health). Joyce Brown appears via her own testimony; her lawyer is Norman Siegel (ACLU executive director referenced as Norman Siegel; Joyce’s lawyer named Norman Signal in the transcript).
Key claims
“Homelessness” as a public label was new in the late 1970s–1980s. Koch’s program expanded commitment standards from immediate danger to “foreseeable future” threat. The legal outcome allowed commitment but barred forced medication; Joyce was released after 80+ days.
Notable examples
Joyce Brown (40, sleeping at 2nd Ave/65th; paranoid schizophrenia; ACLU call from a hospital payphone). Historical context: vagrancy laws, Jack London jailed for vagrancy (1894), and “skid row” housing (flophouses/cage hotels) plus deinstitutionalization and early-1980s recession.
Written by AI. May contain mistakes. Listen to the episode to check what was said.
Chapters
Tap a time to open that second in VOThe Crisis of Homelessness in New York
2:56 to 5:48
Exploring the emergence of homelessness in 1980s New York City under Mayor Ed Koch.
“And here to guide us through that story is reporter Emma Pettit.”
Joyce Brown's Story
5:50 to 10:23
The episode dives into Joyce Brown's life and her influence on the homelessness debate.
“to not let homelessness become normal in New York City?”
The Debate on Individual Rights vs. Public Safety
10:25 to 11:39
The conflict between helping the homeless and maintaining public safety is discussed.
“It's a fight that pits two different values against one another.”
The Debate on Individual Rights vs. Public Safety
11:41 to 12:52
The conflict between helping the homeless and maintaining public safety is discussed.
“including how America ended up having a homelessness problem in the first place and how Joyce Brown became an unexpected symbol of freedom.”
The Debate on Individual Rights vs. Public Safety
13:19 to 14:44
The conflict between helping the homeless and maintaining public safety is discussed.
“at Longview Presents purchased a new house.”
The Debate on Individual Rights vs. Public Safety
14:52 to 16:06
The conflict between helping the homeless and maintaining public safety is discussed.
“can attest to that moment in the day when you just hit a wall.”
Contextualizing Modern Homelessness
16:11 to 18:10
Understand the historical context of homelessness from the 1980s to earlier eras.
“So I feel like because I've made this somewhat bold claim that what we think of today and what we call homelessness was like a new thing in the 1980s, I want to start off by putting that into some broader context.”
The Rise of Tramps and Hobos
18:11 to 20:58
Explore the emergence and societal perception of tramps and hobos in the 19th century.
“And when I say tramp and hobo, what do you think of?”
The Shift to Bums and Skid Rows
20:59 to 24:39
Learn about the transition from hobos to bums and the development of skid row neighborhoods.
“Because of their sometimes disorderly ways of living, they are subjected to containment strategies.”
Housing Conditions and Social Tolerance
24:40 to 28:00
Examine the conditions of housing for the homeless and societal attitudes towards them.
“So these types of neighborhoods, they existed all over, and they were dominated by cheap housing.”
Show all 21 chapters
The Evolving Homeless Crisis in the 1980s
28:00 to 30:10
Explore how the homeless crisis transformed in the 1980s due to various societal shifts.
“But by the mid-1970s and early 1980s, it was clear that this problem was not only not going away, it was changing in these really profound ways.”
A New Definition: The Rise of 'The Homeless'
30:10 to 33:06
Learn how the perception of homelessness shifted and the emergence of a new demographic.
“And those people seem, at least anecdotally, more mentally disturbed than the older era of Skid Row residents.”
Joyce Brown's Legal Battle
33:06 to 34:28
Understand the implications of Joyce Brown's case and the legalities surrounding homelessness.
“Because they would say, she's not suicidal, she's not homicidal, she's acting erratically, you know, she's talking to herself, but it doesn't matter, we can't keep her here.”
The City vs. Individual Freedoms
34:28 to 36:55
Examine the tension between city policies and individual freedoms in dealing with homelessness.
“That's not what this country is supposed to be all about.”
Joyce Brown's Background and Family Dynamics
36:55 to 39:28
Discover Joyce Brown's family history and struggles that led to her homelessness.
“as the rational choices being made by a person who lives on the street.”
The Verdict and Its Aftermath
39:28 to 41:22
Learn about the verdict in Joyce Brown's case and the implications for her future.
“And then one day in 1986, she got into a particularly bad argument with them, and she disappeared.”
The Fading Spotlight: Joyce Brown's Later Life
41:22 to 42:03
Explore the decline in public attention towards Joyce Brown and her final years.
“the celebrity that it feels like only America can produce.”
Joyce Brown's Case and Its Implications
42:03 to 43:27
Explore the case of Joyce Brown and the ongoing debate over freedom and homelessness.
“And she took her case to court and won her case in court that she should be allowed to go back and sleep on the sidewalk where she had been because that's what she preferred to do.”
Shifting Trends in Homelessness
43:27 to 44:21
Discuss the changing landscape of homelessness data and its implications over time.
“We couldn't even tell you, like, how many people were sleeping outside like Joyce was.”
Dangers of Homelessness
44:21 to 44:36
Examine the alarming increase in death rates among the homeless population.
“and the deaths attributed to drug and alcohol overdose rose by nearly 500 % in that window.”
Historical Context of Homelessness
44:36 to 45:06
Analyze how economic decisions and history have shaped the current homeless population.
“So you're saying that this population has gone by all these different names that has in some ways been the result of different economic decisions or different moments in our history.”
Transcript
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1:42to solve problems. And that's an aspect of human nature that I think we're already seeing and are only going to see more of as we move towards a creation of something like superintelligence. So if you like our work, if you like our stories, I think you're going to love this series. And so now, without further ado, this is Street Fight.
2:04Right now, in cities across the country, there is a quintessentially American fight underway. Because on either side of this fight, there are compelling and yet competing visions of freedom. And at the center of that fight is what we've come to call homelessness. And over the course of the next few episodes, we're going to unpack the surprising story of just how new this problem in the form it exists in today really is. We're going to talk about how at its core, it is the product of choices that we as a society have made and keep making. And then finally, we're going to hear from different sides in the debate about how once and for all we might end homelessness.
2:54Story, we're going to go back to. Hold on, hold on. I just. I got to hit record. Whoops. And here to guide us through that story is reporter Emma Pettit. All right, we're good now. Start it off. So the story I have starts in the 1980s in New York City with a mayor named Ed Koch. Let's have a nice welcome for our mayor, please, Edward Koch, if you will. New York City, the greatest city in the world. So Ed Koch, he's tall, he's Jewish, a Democrat but a centrist, and he called himself a liberal with sanity. Crime is appreciably down. But nevertheless, it still exists and exists in a way that gets people upset.
3:39He's funny. Mm-hmm. I talk like a New Yorker, I walk like a New Yorker, and I eat like a New Yorker. He's feisty. Did I lose my First Amendment rights because I became the mayor? The difference between you and I is if I disagree with someone, it doesn't go into the papers. So what? It's not heard by thousands of people. So what? And he had this famous catchphrase that he'd shout at people. How am I doing? how am I doing? Right. He was seen as this eccentric guy who really loved the city. Yeah. But in the late 1980s, the city that he cared about so much, it was facing this brand new type of crisis.
4:16The homeless have become part of the landscape of New York, a legion of lost souls, some completely unhinged. Right now, the city is providing shelter for 12 ,000 homeless people. 30 ,000 people call the streets and park benches their home. A crisis of people, men and women, young and old, black, white, living and occasionally dying on the street. And it's weird to describe this phenomenon as new, right? Because it can feel like what I'm describing is just this brutal fact of life. Right. And so we'll get into this more in a little bit because, like, obviously there are aspects of this that have existed for a very long time.
5:00But this, like, type of desperation and this label that was gaining in popularity at the time among the public, homelessness, that was new starting in the late 1970s and into the 1980s. It is terrible to see these people who are lying in their own feces, who are clearly gross mental cases, who if they were your mother or your sister or a family relative, you would want to pick up and take to a hospital right away, even if they resisted because they're mentally incompetent to make such a judgment. And Ed Koch, as the city's mayor, he felt that it was, you know, inhumane. and cruel to let this become normal.
5:48And so what is his plan to not let homelessness become normal in New York City? Well, Tkach, who's, again, the self-described liberal with sanity, the sane approach was for the city to find people who clearly were deteriorating, who were defecating outside, who were hearing voices, who just totally lost touch with reality, and make them get help, right? Take them to a hospital and make them stay there. All right, so the mayor is saying, in addition to, you know, the shelters and everything else that we do to help people who are down and out, the city is going to take it as their responsibility to go out and find people who are especially vulnerable, who aren't doing well, and whether they like it or not, force them to go someplace and get help.
6:39Yes, but pretty immediately, his plan got messy. Because as it turns out, the very first person picked up when his program goes into effect, that person would fight back. And that fight would throw the entire city into this debate over whether or not someone has the right to be homeless and to sleep out on the street. And the woman who caused this firestorm, her name was Joyce Brown. You get wildly conflicting versions of Joyce Brown's life on the streets. Some people say she was deranged and abusive and would even attack people. So in 1987, Joyce Brown is 40 years old. And for about a year, she had been sleeping at a hot air vent near the corner of 2nd Avenue and 65th Street, which is in Manhattan.
7:32And according to the people who lived and worked around there, and, you know, according to eventually some doctors, she acted erratically and in ways that were, like, just very unpredictable. She would talk to herself out loud. She would run in front of traffic. So you might walk by her and have a really nice talk about the news. Some of the waiters in Swenson said she was a perfectly rational woman, and they would often buy her a cup of coffee and talk about television shows. But she also might shout at you to suck her dick. When I saw her, she had been there for maybe 15 months in the winter and the summer, defecating in her clothing, or if she were maybe more lucid, on the sidewalk, not in her clothing, but on the sidewalk, refusing help.
8:19She'd lift her skirt and flash her butt. She muttered to herself. And when someone would give her dollar bills, sometimes she would tear it up into pieces and burn it or pee on it. So essentially, she's exactly the kind of person that Ed Koch had created this program to try to help. Exactly. And he knew of her. He would even, like, describe her specifically whenever he was talking about this program. You mentioned to her, won't you come to a shelter? She would become enraged, and therefore you must never use that word. and a woman clearly in need of help. And so on an October day in 1987, Koch, his office, sends a van out where they find Joyce Brown on the pavement at her usual spot.
9:11And the team there, it includes a psychiatrist, and they make the call that, yeah, she's in distress. She's showing clear signs of paranoid schizophrenia. She needs to be committed. it. And Joyce, according to one account, she didn't want to go, but police officers who were there helped force her into a van. She's then driven to a hospital, Bellevue, where they inspect her and then they inject her with this antipsychotic drug and also with Ativan, which is a sedative, and she falls asleep. And the story goes that the next afternoon when she wakes up, She's still in the hospital. And she finds a payphone.
9:57And she dials the number for the New York branch of the ACLU. I was incarcerated against my will in prison, a political prisoner. The only thing that was wrong with me was that I was homeless. And the fight that starts from that phone call is the fight that we've been having ever since. Such a person requires help. That's what we're trying to do. That's my job. It's a fight that pits two different values against one another. Citizens have to be concerned about the prospect of government vans roaming the streets of the city. That's not what this country is supposed to be all about. Because on the one hand, you have this idea that we need to help these people even when they can't help themselves.
10:52And we've also got to enforce our laws to keep our streets and our sidewalks safe and public. What is compassionate, humane, or progressive about people living in their poop? About people getting beat up at night and stabbed? There is nothing progressive about that. And on the other side, there is a right for people to be poor without being harassed or locked up for it. The homeless don't have any rights left anymore. that basically we've taken away their right to survival. And there's this tricky question of how do you balance an individual's rights against the collective's right for safety and order?
11:38After a short break, we'll be back with more on that conflict, including how America ended up having a homelessness problem in the first place and how Joyce Brown became an unexpected symbol of freedom. I was definitely the wrong one that they did pick on. Stay with us.
12:00Stephen Eide:Hey, it's Brian from Longview. And if you've been doing the weight loss battle, yo-yo dieting thing I've been doing for years, then you'll know that the summer hits just a little bit different. Looking and feeling your best during the warm months, it's a real goal. And that's why we're happy to share that Weight Loss by HIMSS now offers access to FDA-approved WeGoV pill and the WeGoV pen. WeGoV is designed to help you lose weight and keep it off, so you can show up this summer looking and feeling your best. Through HIMSS, everything happens online. You'll connect with a licensed provider who will determine a treatment, and if it's right for you, you'll be prescribed medication, and then it's delivered right to your door.
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13:16Stephen Eide:This episode is sponsored by Vinted. Recently, one of the team members here at Longview Presents purchased a new house. Moving into a new place can be one of the most exciting times of your life, but moving out of your old place? Well, I think we can all agree, it's one of those tasks we would rather never do again. It forces us to take a look at all of the clutter and disorganization that's in our lives and wonder how we can make the best use of the stuff that we don't need. And whether you've run out of closet space, you want to refresh your wardrobe, or you're just looking to earn a little bit of extra money, our friends at Vinted have a great solution.
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14:26Stephen Eide:It's free and you can start listing. There are no seller fees, so you get to keep every dollar you earn. Give your clothes a second life with Vinted. Download the Vinted app for free to start selling with no seller fees. The app is free. Selling is free. The only thing left to do is clean out your closet and start making money. Thanks to our friends at Vinted for being a sponsor. Support for this show comes from Rune. Anyone with a full and busy life can attest to that moment in the day when you just hit a wall. Mine shows up around three o 'clock. The coffee's done its job, and a fourth cup leaves me wired and useless.
15:03That's exactly what Rune is for, staying focused and locked in when your energy starts to fade. And here's what got my attention. Rune is a pouch, the same kind we're all familiar with, the one you tuck under your lip. And honestly, the first time I saw it, I was like, wait, is this chew? Well, here's the twist. There's zero nicotine in Rune, none. It's a completely nicotine-free, sugar-free focus pouch. Each one has 80 milligrams of caffeine, plus L-theanine, the compound in green tea that smooths out caffeine, and a few other ingredients that makes the energy last longer and steadier. All of it is printed right on the label, no mystery proprietary blend.
15:42It was built by MIT and Harvard scientists who made it for themselves first. Rune recently sent me a sample in the mail, and I've been using it on long edit days in that late afternoon stretch. Head to T-A-K-E-R-O-O-N dot com backslash Longview and use code Longview at checkout for up to 64 % off. That's takebrune.com backslash Longview. Welcome back. Here again is reporter Emma Pettit. All right. So I feel like because I've made this somewhat bold claim that what we think of today and what we call homelessness was like a new thing in the 1980s, I want to start off by putting that into some broader context.
16:29Because, of course, homelessness is a newer expression of a very, very old problem. Right? Right. I mean, you could say that since the dawn of cities, since the very first cities began, there were always some people who lived there or who moved there, who fell on hard times and who ended up on the fringes of society. Yes. And over the years, those people have gone by a series of like different names. In some ways, you can look at the name and understand something about how we saw that group of people in the midst of our society. So if you go all the way back, you know, to the 1400s, the 1500s, and like up through the Victorian era, and even in like the colonial United States, those people were often known as vagrants.
17:16And being a vagrant, it was illegal. Like a vagrant is essentially like a stranger, a wanderer, right? Like someone who you do not want in your area. and we had a number of ways of keeping those people out of polite society. So give me a sense of what that looked like. What was the sort of punishment if you were labeled a vagrant? So if you were convicted for vagrancy, you could be branded, you could be whipped, you could have your ear cropped off to denote the kind of person you are. I know, it's really horrible. We were pretty horrible for like a long time. But for the purposes of our story, and really to understand the American expression of all this, it makes sense to start in the later part of the 19th century after the Civil War.
18:11Because around then, we began using other names to describe this population. Tramps and hobos. Hobo-bobo-billies. And when I say tramp and hobo, what do you think of? Well, I think about how I dressed up as a hobo for Halloween when I was a kid. I see the little can of beans, the red bandana on a stick, you know, tossed over the shoulder.
18:46Okay, you're not totally far off. Tramps and hobos, they're men, you know, mostly white. and they're moving across the country in search of either work or they're just looking for a new life or they're just looking for adventure.
19:09Very important to that is the railroad system. One of the researchers that I ended up talking to in the course of my reporting about this was a guy named Stephen Eide. he's at the Manhattan Institute. It's a right of center think tank where he focuses on social policy questions about homelessness and mental health. The railroad system changes America profoundly because it opens up new opportunities, particularly with regard to agriculture in Western regions. And Stephen told me there was work to be had for these guys. Like there's timber to cut, there's ditches to dig, there's wheat and sugar beets to harvest.
19:51And thanks to the railroad, there's now this huge mass of poor mobile men who start migrating around the country to do that work. That is how you get a lot of guys moving around. And it's an unsettling thing for a lot of communities because these guys are strange. And okay, you need them to pick their crops, but like, who are they? They're not part of a family. They're drinking a lot. And they brought with them some problems. You know, alcoholism was like really common among these men. Drinking brings with it a lot of problems that people don't want to deal with. Also, like, imagine that you're in a town and all of a sudden there's just this like pack of strange, like dirty.
20:39Unshaven. Unshaven. How dare they? Men who've, like, rejected these societal bonds that we think of as, like, normal. They're descending on your town unannounced. And so there's a lot of fear initially that comes with these men traveling across the country. Because of their sometimes disorderly ways of living, they are subjected to containment strategies. And what did it look like for, you know, society to punish hobos and tramps? Were we still cutting off ears? So earcropping by that point had fallen out of fashion. Thank God. Okay. But, you know, you could be thrown in jail at the time for being a vagrant.
21:25You know, you could get like 30 days or more for being a vagabond, a rogue, for being just like the wrong type of guy in a town. And just as an example, the writer Jack London of White Fang. Love White Fang. Love White Fang. Great book. So back in like 1894, Jack London was one of those guys who traveled around. Riding the rails. Riding the rails, exactly. And he arrived in a town, I think it was Niagara Falls in New York. And immediately he's confronted by a local cop who asks, where are you staying? And whatever answer he gave, the cop did not like it. So they just arrested him and put him in jail for 30 days on the charge of vagrancy.
22:10Wow. So you're saying that vagrancy, even in the tramp era, was still an arrestable offense. It's something that could get you thrown in jail. Yes. And like generally, the public liked it that way. Like we wanted order. But gradually, we as a society, we started to soften towards these guys.
22:38I am a man of constant sorrow. Our culture actually begins to romanticize aspects of this lifestyle. I bid farewell to old Kentucky, the place where I... There was something essentially and proudly American about their individualistic desire to live apart from society and make their own way. It's a little weird, right? Like to valorize what is essentially like a pre-modern homeless person. And we get to a point where you, as a kid, are going to dress up like a hobo for Halloween, right? Right. I was a lovable hobo. I wasn't like a scary hobo. Right. But by the 1940s and 1950s, like, no one was really laughing at these guys anymore.
23:37Because the tramp and the hobo, they had started to disappear by then. And we were entering this new era, and it was defined by a different term. These were the bums. The bum. The guys singing songs, riding the rails, that all goes away. And what's left is just the very bottom rung. The demand for itinerant labor, that really dried up, and it left behind these guys who were elderly, who were chronic drinkers, who were sometimes severely disabled, and maybe can't work that much for a bunch of reasons. And unlike the hobo and the tramp who traveled around the country and are kind of defined by the railroad, the bum stayed put.
24:20As distinct from tramp and hobo, these were people who really didn't move around a lot. And they eked out existences in neighborhoods that were on the seedier side of town, neighborhoods that were known by then as skid rows. Nowadays, there is skid row capitalized in Los Angeles, but most cities had a skid row, meaning neighborhoods without families, neighborhoods without women, actually, without children, just these guys. So these types of neighborhoods, they existed all over, and they were dominated by cheap housing. And when I say cheap, it was like really, really cheap, even if they were also really, really, especially by our standards today, terrible.
25:04As in these places could be disgusting. Exactly. And maybe you've heard of the term flap house or SRO, like a single room occupancy hotel. they ranged from the best version was like a small like cleanish dorm style room where you know you shared a bathroom down the hall with a bunch of other guys and a step down from that you know maybe you're sleeping in what people called a cage hotel where your room is just some plywood walls or maybe they're made of tin you know it's four feet by six feet and then you've just got chicken wire over the top of it. Oh, my God. As someone who is a bit claustrophobic, I don't think I'm staying at that hotel.
25:47No. It's not for me. No, no. And, you know, anything that's called like a cage hotel, it's like, all right, you're kind of telling me a lot right there in the name. And in some cases, there were rooms where there was actually not a lot separating you from the guy next to you. You know, you're just in a room, bodies all cramped together. And, you know, we're talking potentially fleas and bugs and disease. Like, it was not— And the smells and everything, yeah. Right. And, you know, it was housing of last resort. But these places might cost you less than a dollar a night. Right. And so this is, like, maybe one of the reasons that they weren't seen as homeless the way we think of homeless today, right?
26:30They might be destitute. They might be in a really difficult situation, but they are not sleeping out in public sites, sleeping out on the sidewalks, in the parks. They have these places in Skid Row to put a roof over their head at night. They were also considered to be kind of disorder zones. These guys, they're fighting a lot. They are causing disturbance. And some of them have these, like, unbelievable records of arrests that they rack up, similar to kind of repeat offenders in the homeless population today. In terms of how we police these neighborhoods, when I spoke with Stephen Ide. So there was a way in which police would allow people to be like slightly more disorderly in the boundaries of these Skid Row neighborhoods than outside of them.
27:16He said that there was this strategy of geographic tolerance. Like this is your place. Like if you want to live like this, okay, just make sure you do it here and not outside these boundaries. It was kind of this idea of like, you guys don't do anything crazy, but so long as you stay here and know your place, we will look the other way. Right. This idea of like out of sight, out of mind for the usual person. Right. And according to Stephen, there was also just this assumption that because these guys were elderly, that this is a population that's just going away anyway. Like, we kind of thought that this problem was going to go away.
Read the full transcript
28:01They're not being replenished. They're getting smaller by the year. But by the mid-1970s and early 1980s, it was clear that this problem was not only not going away, it was changing in these really profound ways. because all of a sudden there was this surge of people sleeping and living outside beyond the confines of these Skid Row neighborhoods. And while the cause of that surge is something that was debated back in the day and is being debated even to this day, there are essentially three main buckets that everyone agrees hold some level of responsibility here. First off, the super cheap but also super terrible housing that a lot of these guys were living in, cities started to pass regulations saying they got to go.
28:54They zoned them out. Right, so essentially no more flop houses, no more cage hotels. Got to close them down. They're gone. Yeah, those are disappearing. And second, no city really wanted to have a skid row anymore, especially because a lot of these neighborhoods, they sat on land that was increasingly attractive to developers and to residents. Like in New York City, you know, the Bowery, which is one of the priciest parts of lower Manhattan, that was the city's skid row for decades. Right. And now it's a fantastic place to live if you can get an apartment there. Right. Right. It's expensive. And cities wanted to take advantage of these like real estate markets.
29:36And then finally, and this is a whole complicated thing that we're not going to get into today, but after a string of scandals that exposed just like really terrible abuse and neglect inside our country's mental institutions, states and cities across the country, they'd been emptying out asylums. And when you add all that up with a recession that then hits in the early 80s, suddenly you've got what feels like this totally new problem. Because now it's not just old white men, but young men, Black men, and also women and sometimes mothers with their children who are sleeping on the sidewalks of city streets, who are rooting through garbage cans for food.
30:27And those people seem, at least anecdotally, more mentally disturbed than the older era of Skid Row residents. And while solid numbers for this era are hard to come by, there's actually, like, a lot of fighting between activists and elected officials over, like, just how many people are living this way. This population did just seem to grow and grow. And as it did, it became hard to ignore. And activists and the press, they start calling these people by a different name. No longer vagrants or tramps and no longer bums. Now they were called the homeless. Right now, the city is providing shelter for 12 ,000 homeless people.
31:1130 ,000 people call the streets and park benches their home. It is terrible to see these people who are lying in their own feces, who are clearly gross mental cases, who if they were your mother or your sister or family relative. And that brings us back to 1987 and to Joyce Brown and her legal fight with Ed Koch. All right, Joyce Brown is here now along with one of her lawyers, Norman Signal. Now, Miss Brown, you say the only thing that was wrong with you when they picked you up was that you were homeless. Yes. Now, I used to walk by you every day during the, what, two years that you were on the street?
31:49Year and a half. On that street corner. Right. Now, you used to talk to yourself. I used to try and give you money. Sometimes you'd take it. Sometimes you'd set it on fire. You used to run out on Second Avenue in front of the cars. You used to go to the bathroom on the sidewalk. And you're saying the only thing wrong with you was that you were homeless? Yeah, that is correct. So before we get to that, before we enter the courtroom and listen to both sides, Let me just quickly explain the law and why Mayor Koch and the NYCLU were already in this standoff. They were already at war with one another over this issue.
32:25So, at the time, in New York, someone could be hospitalized against their will if they were in immediate danger to themselves or others. And what exactly does that mean? How did they define it? So I spent, like, a lot of time trying to get a good, concise answer, and it was harder than you think. But I know that it definitely meant, like, you were suicidal or homicidal. Okay. So initially, when Koch starts his program, he hits this wall. And actually, Joyce Brown had been brought to a different hospital several times, and the doctors there refused to commit her. Hmm. Because they would say, she's not suicidal, she's not homicidal, she's acting erratically, you know, she's talking to herself, but it doesn't matter, we can't keep her here.
33:15Yeah, presumably. And so Koch thought that was stupid, and so he pushed to expand the standard. The mayor and his advisors decided last fall to expand the guidelines on who could be committed. Instead of just those who might be considered an immediate threat, they decided to commit those people that the teams decided could be a threat in the, quote, foreseeable future. So we've moved from immediate to reasonably foreseeable. Yes, reasonably foreseeable future. Got it. And when the mayor announces these expanded guidelines, the New York Civil Liberties Union is immediately like, what the hell? Because from their perspective, it's like, wait a minute, you're telling me that you are lowering the bar for what it takes to keep someone locked on a psych ward against their wishes, which is in and of itself this huge restriction of civil liberty.
34:11Like, no, no, no, that's not going to fly. And the executive director, Norman Siegel, he would tell the media that citizens, like, should be concerned about the prospect of government vans. Government vans roaming the streets of the city. Looking for people to pick up. That's not what this country is supposed to be all about. And if you throw away this individual freedom for homeless people, who's next? Right. This is that tension between the city's desire to have order and in the case of Mayor Koch, his desire to, you know, in his words, care for the people who are not doing well and living out on the streets and our protections for individual freedoms.
34:54You know, the ACLU saying this is a slippery slope. Right. And so as soon as the mayor announces this initiative, the New York Civil Liberties Union is handing out flyers to homeless people, advising them of their rights, saying, if you get picked up, call us. And that's exactly what Joyce does. That's exactly what Joyce does. We don't know if she got a flyer, but she called the number and they were eager to hear her because they had wanted a case like hers because they also just wanted to make this bigger point about homelessness. They thought that like rather than locking people like Joyce Brown away and making them invisible, provide resources.
35:35So does Joyce's case end up going to court? It does. There is a hospital courtroom on the 19th floor of Bellevue where she is committed. So the judge and the lawyers and everything, they go to the hospital? Indeed. Wow. And so the question that's actually before the judge is really simple. Was Joyce Brown a danger to herself? And if you ask Joyce Brown, the answer is no. This is the United States of America, the Constitution. freedom of choice. You know, in the courtroom and in later media appearances. I'm homeless. That's not a crime. She is surprisingly coherent and sharp and a bit proud. I am an adult, a 40-year-old intelligent woman, and I don't need Mayor Koch or Bellevue to tell me where I can live.
36:31It's my choice, my life, and my body, and I live it as I see fit. She comes across as a person who knows who she is and is able to articulate the choices that she's making. And from the perspective of her and her lawyers and the psychiatrist that they asked to evaluate her, she's not delusional. she can explain the things that the city had seen as so troubling as the rational choices being made by a person who lives on the street. So, yes, she may have destroyed money, but she did that when someone gave it to her in a rude way. Well, sometimes they would throw money at me. Just ball it up and throw it at me.
37:16Now, that's not the way you give people money. And sure, she went to the bathroom outside, but that was because businesses wouldn't let her use theirs. And the nearest public toilet was like 30 blocks away, so... I didn't have access to a bathroom. There were times when I'd go to restaurants and ask them, could I use their bathroom? And they would say, no, you can't, even if I offered to buy something. I'll just say, as a part-time New Yorker, it is tragic how few public bathrooms there are here. It's really an emergency sometimes, and there's nowhere to go. I'm sure she'd agree with you. But from the city's perspective...
37:50Who believes that? It's ridiculous. I mean, there's no reason... Brown was anything but competent. When someone says it's safer to lie out on the streets, that in and of itself is a bizarre statement. They look at those same examples, the burning and the peeing on money, plus the cursing, the provocation, the fact that her clothes were thin and they weren't good for cold weather and she sometimes didn't wear shoes, as evidence that she clearly was delusional and in danger. We're doing exactly what her family would do for her. But in this case, her family happens to be the city of New York. Right.
38:30The idea is that if she keeps living the way she is, maybe it won't be today, but soon she is going to need emergency services. Exactly. And Emma, what do we know about Joyce Brown's background and her family? Like, what did they make of this? How did she end up out on the street? Well, we know that she's from New Jersey. We know that she'd been a secretary. And we also know that at some point she became addicted to heroin and cocaine. And so at a certain point in her life, she also supposedly started hearing voices. And there was just this gradual downward spiral, you know, arrests for small crimes and swearing at strangers.
39:12And then she actually got fired from her job. And as far as where her family fits into this, we know that she had several sisters and she lived with them on and off for at least a few years. She seemed to bounce around from one house to the other. They said that she could be difficult to be around. And then one day in 1986, she got into a particularly bad argument with them, and she disappeared. We went to Missing Persons New York. We went to the morgue. We actually even went to the hospital. But nobody saw a Joyce Brown. Her niece was actually interviewed years later by Retro Report. And she said...
39:55We didn't see her or hear anything until we saw the news. That it wasn't until Joyce Brown's case ended up on the news that they even knew where she was. And Emma, do we know, was her family on the ACLU and Joyce's side in this fight? Or were they, you know, fighting alongside Ed Koch and the city for her to be committed? They were on the mayor's side. They wanted Joyce to be hospitalized. They wanted her to be forced to get help. One of them even got into like a heated back and forth with the ACLU folks after court had recessed for the day. Oh, really? Okay. And then what ends up happening at the end of this case?
40:35Who wins? So, long story short, the legal fight has some twists and turns. But ultimately... Yeah, what's the verdict? The verdict is the city could hold her. The city could commit her. Ed Koch vindicated. but the city could not medicate her against her will. So yes, she is a danger to herself. So legally, they can commit her, put her in the hospital. But no, they cannot give her the doctor-prescribed treatment while in the hospital? Like that sort of thing? Yeah. And so ultimately, the city decided keeping her in hospital was pointless. And so after more than 80 days, Joyce Brown was freed. And she becomes, for a short time, the celebrity that it feels like only America can produce.
41:29A famous homeless woman. Is that my problem? That the economy is so bad that there are no places for people to live? She goes on the media circuits. She even gives a talk at Harvard. And Ronald Reagan even knew about her. A young lady living on the sidewalks of New York, living out there on the sidewalk, winter and summer. And so for her own sake, the police picked her up to bring her to where she could be placed in a shelter. He references her at this press conference as this kind of bizarre example of American freedom that those damn Soviets would know nothing about. And she took her case to court and won her case in court that she should be allowed to go back and sleep on the sidewalk where she had been because that's what she preferred to do.
42:27Well, when you have a free country, how far can we go in impinging on the freedom of someone who says this is what this is the way I want to live? But pretty soon, the attention fades, and Joyce Brown largely disappeared from public view. It's not totally clear the details of her life after that. Sometimes she's seen panhandling. And in 2005, she died of heart attack at age 58. But these problems, this tension that's at the center of her case, it doesn't go away. It actually defines us. This is what we're fighting about again and again. And the tension over these problems just gets worse and worse and bigger and bigger because, like, the world that Joyce Brown lived in, it doesn't really exist anymore.
43:18Like, back then, we were still getting a handle on the problem, and it still felt kind of, like, novel and maybe even solvable. Like, there was so much we didn't know. We couldn't even tell you, like, how many people were sleeping outside like Joyce was. No one was reliably counting. It wasn't actually until the mid-2000s that the federal government even started its regular standardized tally. That's kind of crazy when you think about it. I know. I know. It really is kind of crazy to just think about a time when that didn't really happen. And those numbers, they actually told a hopeful story for a little bit.
43:54Homelessness nationally, it declined for almost a decade. And then starting around 2017, that trend reversed and it reversed hard. And in 2024, our country actually counted like more homeless people in America than at any point since we'd started keeping track that way. And it's not just more people on the street now. It's that it's deadlier to be there. One study found that between like 2011 and 2020, the death rate for homeless people across a lot of cities more than tripled. and the deaths attributed to drug and alcohol overdose rose by nearly 500 % in that window. Oh my God. So you're saying that this population has gone by all these different names that has in some ways been the result of different economic decisions or different moments in our history.
44:48This population in recent years has not only increased, but it's found itself in a far more desperate situation than before. Yeah. Hmm.
45:05Coming up on the next episode of Street Fight. There are more than a thousand unsheltered people living on the streets of an encampment known as the Zone. Encampments for people without a home are growing. How a whole new era of homelessness arrived in recent years. A near 450 % increase in people camped out on the streets in this one concentrated area. And how it led to first a constitutional right, and then to a backlash. This is not how human beings should live. That episode will be available to everybody next week, but if you'd like to hear it right now, as well as the rest of our mini-series, you can do that while also supporting our small team here at Longview by becoming a subscriber.
45:55Just look for the link in our show notes or visit us at longview.report. Some of the archival audio in this episode comes from CBS News in their 1988 report on Joyce Brown. If you'd like to watch that or find more links or to give us some feedback on what you think of the show, You can do all of that by visiting us at longview.report. Thanks for listening, and we'll see you soon.
From the publisher
What we call “homelessness” is a relatively modern phenomenon. Today, we tell the story of its emergence and why, in the 1980s, one woman fought so fervently for her right to live on a New York City street corner.
You can hear the full series right now when you become a Longview subscriber by visiting us hereTHIS EPISODE FEATURES:Stephen EideLINKS:60 Minutes segment on Joyce BrownStephen Eide at the Manhattan InstituteThe New York Civil Liberties Union Jack London’s memoir of his hobo years, The RoadJoyce Brown’s obituaryNew York magazine story on BrownRetro Report piece featuring Brown’s nieceStudy on homelessness mortalityHUD’s 2024 Annual Homelessness Assessment Report (Part 1)For this series we also read, and recommend, the following books: Homelessness in America: The History and Tragedy of an Intractable Social Problemby Stephen Eide, Reckoning with Homelessnessby Kim Hopper, The Hobo: The Sociology of the Homeless Manby Nels Anderson, and Down and Out, on the Road: The Homeless in American Historyby Kenneth L. Kusmer.CREDITS:This story was reported by Emma Pettit and produced by Andy Mills, Ethan Mannello, Matthew Boll, and Simon Adler. It was mixed by Emma Munger.Music for this episode was composed by Cobey Bienert and Simon Adler.Artwork for this episode is by Jacob Boll.
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