In November, California voters will decide on Proposition 36, which aims to reduce homelessness, drug addiction, and theft by increasing penalties for retail theft and mandating treatment for certain drug offenses. However, critics warn that the proposition could lead to forced treatment and mass incarceration of people with disabilities, particularly impacting communities of color.
Prop. 36 has been likened to the historic “ugly laws” that once targeted individuals deemed unsightly or undesirable in public spaces. Despite being framed as a way to assist those in need, the proposition could result in outdated forms of institutionalization and forced treatment that disproportionately affect marginalized communities.
Recent changes in California laws, such as the implementation of CARE Court and Senate Bill 43, have raised concerns about the targeting of individuals with disabilities and perpetuating racial inequity. These policies may prioritize coercion over providing access to permanent housing, further exacerbating existing economic and health disparities.
While the push for institutionalization and forced treatment may be driven by a desire to address visible homelessness, critics argue that it fails to address the root cause of the issue: lack of affordable housing. By focusing on punitive measures rather than expanding community-based services, the state risks further marginalizing vulnerable populations.
Advocates, such as Eric Harris of Disability Rights California, warn that a yes vote on Prop. 36 could reinforce harmful policies that target communities of color and fail to address the systemic failures contributing to the homelessness crisis. Instead, they advocate for a comprehensive approach that prioritizes affordable housing and voluntary community-based services to achieve lasting recovery and address racial inequities.
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