By
Aisha Springer
Anyone with experience or knowledge of domestic violence knows
how isolating it can be for the victim, whether it is physical isolation
imposed by the abuser or the victim’s personal feelings of shame and embarrassment.
The often traumatizing response of law enforcement coupled with insufficient or
harmful laws serve as verification to many victims that they are, in fact,
alone. In 44 states, an employee can be fired for being a victim of domestic
violence. This is what happened to Carie Charlesworth, a California teacher.
She had placed a restraining order against her abusive husband and informed her
school’s principal. Still, her husband showed up in the school parking lot,
causing a school lockdown and was arrested. Instead of receiving support,
Charlesworth was fired and her children were no longer allowed to attend the
school. With her husband set to be released at the end of June and no income of
her own, she is left in a situation that forces many abuse victims to remain in
an increasingly dangerous relationship. Employment discrimination against abuse
victims is legal in most states with the exception of six; Hawaii, Connecticut,
Illinois, New York, Oregon, and Rhode Island. This is extremely inadequate
given that three fourths of abuse victims have been harassed by their abusers
while at work.
Domestic abuse victims can also be evicted under municipal
ordinances for disrupting the order. The ACLU filed a lawsuit on behalf of
Lakisha Briggs of Norristown, PA to challenge a “disorderly behavior
ordinance.” The ordinance states that landlords and tenants can be penalized if
police respond to three instances of “disorderly behavior” within four months. Domestic
disturbances are explicitly included in this definition. After Briggs’ first
strike, she did not call the police out of fear of eviction. However, neighbors
called police when Briggs’ boyfriend attacked her with a brick and again when
he stabbed her in the neck. When he was finally arrested, a police officer
warned Briggs that she was on her third strike and threatened to have her
landlord evict her. The city pressured the landlord to evict, but a housing
court refused to order an eviction. The city then stated plans to condemn the
property and forcibly remove Briggs. At this time, the ACLU took up the case
and the city ceased its eviction efforts. Shortly after, however, Norristown
passed an ordinance that would impose fines on landlords who refused to evict
tenants who call for police assistance.
This is not a situation isolated to Norristown. Cities
across the country have “nuisance ordinances” or “crime-free ordinances” that
classify being a victim of domestic abuse as an offense deserving of eviction. In
a study published in the American Sociological Review, researchers found that
domestic violence was the third most common reason that Milwaukee police issued
a nuisance citation. They also found that enforcement of the ordinance is
disproportionately targeted at African-American neighborhoods. Domestic
violence crimes are already underreported and these ordinances further
discourage victims from reporting and possibly escaping their abusers. If they
do report the crime, they may become one of the 20% of homeless in Norristown
who are domestic violence victims. Discriminatory laws such as these
demonstrate the ignorance of lawmakers, law enforcers, and society in general
when it comes to domestic violence. Though the law and its enforcers are meant
to protect citizens, in reality they often contribute to a continuing cycle of
domestic violence. Until laws and attitudes catch up to the reality of these
crimes, major roadblocks will remain in the fight against domestic violence.
In All But Six States, You Can Be Fired For Being A Victim Of Domestic Violence
http://www.aclu.org/blog/womens-rights-lgbt-rights-racial-justice-criminal-law-reform/shut-or-get-out-pa-city-punishes
