And We Demand for the California Legislature to Protect Them Under the Law 

Human Rights Day focuses on equality and non-discrimination – the bedrock principles for all human rights. On this day, it is particularly important to not only highlight the ways in which unhoused people are systematically discriminated but also to explicitly name houselessness as a racial justice issue that disproportionately impacts Black and brown Californians.  

The ACLU Foundations of California’s recently released report, “Outside the Law: The Legal War Against Unhoused People,” provides a sense of what it’s like to be unhoused in California. The report shares how corporate landlords make a killing from sky-high rent, how the wait for subsidized affordable housing can last a generation, and how more and more people are pushed out of their housing with nowhere to go but the streets.  

This crisis violates the human right to housing under international human rights law – but that is just the beginning. As the report shows, once people are displaced, local governments stigmatize, scapegoat, and persecute them in what can only be called a war against unhoused people. For example, through targeted and concerted efforts, municipalities seek to expel and criminalize their residents via bans on RV parking, camping, and other facets of life necessary to exist as an unhouse person. They justify discrimination against unhoused people by depicting them as a threat to public health and safety and as outsiders who do not belong.  

We can’t solve this human rights crisis by discriminating against people without housing. If we want justice, it’s important to listen – really listen – to unhoused people on the front lines. They know the truth about our housing displacement catastrophe, because they have lived it. Here are a few of their voices. 

Catherine Moore from Orange County recalls: 

“I had no door to lock to keep myself safe at night. To protect myself, I had to stay vigilant, sometimes staying up all night. Instead of coming to my aid, Public Works employees raided my encampment to confiscate and destroy my belongings, sometimes leaving me with just the clothes on my back. Police officers cited me for sleeping in public—even though I had nowhere else to go—--which landed me in jail. Finally, I moved into a drainage tunnel. It was the only place the police wouldn’t go, because they lost radio signal in there.” 

M. lives in a remote outdoor location because it’s the only place law enforcement allows unhoused people in her area to exist. She knows firsthand that it is unhoused people who face the greatest threat to their health and safety. As she told us: 

“I’m out here because of a domestic violence relationship, and I got kicked out of my house. I do not feel safe out here because of my ex-boyfriend coming out here. And him hurting me more. And he comes out here and he still puts hands on me. And that’s why I’m scared to be out here.”  

When asked what she needed, she said, “To have more resources and more help for women that are going through the same situation I’ve been in. And maybe have more help for us. Because it’s hard being out here.”   

Los Angeles County Sheriff's deputies banished Gary Foss and other unhoused Lancaster residents outside of city limits, deep in the Mojave Desert and miles from necessities of life like food, water, and healthcare. Gesturing to his campsite, a patch of scrub brush in the vast desert landscape, he said, “This is the spot that they gave us, right here...this is what we got.” 

He continued,  

“One thing you’ve got to have in the desert, regardless of what anybody thinks, is water. We have one guy who brings us water every once in a while, and that’s it. And we have to make 55 gallons of water last sometimes two or three months. So, taking showers having baths, and all the cool stuff that people think is cool—it’s not cool out here.”   

We must advocate for our unhoused neighbors like Catherine, M., and Gary at the local, state, national and even international stage. In California, the Reparations Task Force recently testified and recommended reparations for Black unhoused Californians – who make up 40 percent of our houseless population. On an international level, Catherine and the ACLU Foundations of California will also testify before the Inter-American Commission on Human Rights on the status of housing in the U.S. While this is a step forward, we must continue to do better for unhoused people everywhere. 

This Human Rights Day let’s continue to advocate for unhoused people in California and their human right to housing. Sign this petition to voice your support and stay connected for next steps on how to protect unhoused Californians from discrimination. 

My name is Adrian, and I’m a proud transgender man.  

Back in June 2021, after completing my studies and serving in the military, I was eager to find a job and support my family including my 4-year-old. And so, like many parents trying to make ends meet during the pandemic, I considered working for Uber Eats. 

It was easy to sign up and submit requested documents for a pre-employment background check like my driver’s license, photo, etc. As these documents were under review, I began to work and even earned $80 that first morning. 

Unfortunately, later that day, I received a notification from Uber Eats saying my documents had not been approved. I was very confused because they didn’t explain why. I immediately resubmitted my documents. Desperate, I messaged the Uber Eats support team to ask why my documents weren’t approved. An Uber Eats representative stated that my case was being escalated to a specialized team for review and that I would hear back in five business days.  

I then decided to call the support line and explain that if the issue was my driver’s license not matching my profile picture, it is because I am transgender, and the license photo was taken before I transitioned. I had explicitly noted in my application that I am a trans man and go by the name Adrian (even though at the time it was not my legal name). Unfortunately, the phone representative wasn’t much help and mentioned that my case was going to a specialized team to review. I also reached out to the Uber Eats support team on Twitter, but I received the same response. 

After five days, I got a message on the Uber Eats app that I had submitted “fraudulent” documentation and would never be allowed to drive for Uber. Not only was I not allowed to appeal my deactivation with Uber Eats but I was also not given the option to deliver for Uber Eats under my former name and old picture.  

Ironically, all this happened shortly after Uber announced its Right to Pride Initiative, acknowledging that forcing transgender drivers and delivery people to display a deadname and out-of-date profile photo “can lead to discrimination, harassment, and in some cases, violence.”  

Despite Uber’s stated efforts to ensure that transgender and nonbinary individuals will be able to drive and deliver for the company while displaying only their “self-identified chosen first name,” somehow, I wasn’t allowed to drive at all and instead was accused of fraud just for asserting my true identity. 

I knew there was something wrong and so I got in touch with the ACLU of Southern California, who successfully advocated with Uber to fix my issue.  

With the help of the ACLU, I learned more about my legal rights as a transgender worker. In California, employers must honor the name and pronoun an employee asks to go by, regardless of whether it has been changed on their formal identification. Employers can insist on using an employee’s legal name only if it is “necessary” to meet a specific legal obligation (such as on a tax form).  

What happened to me is certainly not unique. I’m fortunate that I have now found steady employment as an EMT, but for many others this issue persists. I know the ACLU has heard from several other trans people in California and beyond who have had similar problems with Uber.  

I’m thankful the ACLU helped me defend myself, and I urge others to do the same. If you’re transgender and/or are in the process of changing your name, you shouldn’t have to struggle to get work. No one should miss out on work opportunities or be accused of fraud simply because of how they identify, or some perceived disconnect between their name and their picture.  

If you or someone you know has a concern about civil rights or civil liberties in Southern California, contact the ACLU SoCal.