SNYDER PLANS FUNERAL FOR HOMELESS AFTER D.C. RELEASES BODIES OF 2
By Michael Abramowitz
Washington Post Staff Writer
Saturday, February 13, 1988
; Page C01
District authorities last night released the bodies of two persons who died
of exposure this winter, after losing a court battle in which they sought to
prevent advocate for the homeless Mitch Snyder from claiming the remains for
use in a public funeral.
However, the length of the all-day legal battle forced Snyder's group, the
Community for Creative Non-Violence, to postpone until noon today the service,
which had been scheduled for 5 p.m. yesterday on Western Plaza in front of the
District Building.
"Why should we have had to go through all of this?" Snyder asked last
night, shortly after a three-judge panel of the U.S. Court of Appeals upheld a
lower court order earlier in the day requiring that the city government turn
over the bodies.
"I still have no real idea of why the District went out of its way to
prevent two homeless from having a funeral," Snyder said. "They didn't want
this funeral. They're very threatened by it. They are embarrassed. I
understand why."
The District announced this week that 13 persons, seven of them homeless,
have died of exposure this winter, sparking criticism from Snyder's group that
not enough shelter is available in the city. The city has denied the
allegation.
A spokesman for the D.C. Department of Human Services had no comment last
night about the ruling.
Previously, department Director M. Jerome Woods said he would refuse to
release the bodies unless ordered by a court, on the basis that Snyder's plans
to hold a funeral for the two people is indecent and would amount to a "public
spectacle."
The controversy started Thursday when a member of CCNV sought to pick up
the bodies of Henry Dixon, a homeless man who died from hypothermia on Jan. 2,
and an unidentified woman who died of exposure on Jan. 7.
CCNV said that during the past eight years it has picked up the remains of
more than 40 homeless people whose families or friends have not stepped
forward to claim the bodies. The District had previously agreed to give the
group the bodies in CCNV's capacity as "friend" of the homeless.
This time, however, the medical examiner's office refused to turn over the
bodies, on the order of Woods' office.
Snyder's group filed a lawsuit against the District yesterday morning in
D.C. Superior Court, arguing in court papers that "there is no compelling
state interest for the denial of the release of the bodies . . . . "
Attorneys for CCNV said failure to turn over the bodies would "rob the
deceased of the last and perhaps only respect shown them, strip the service of
a large part of its meaning and power, and represent a victory for the forces
of abstraction and indifference which . . . caused the deaths in the first
place."
The District's attorneys countered by arguing that D.C. law gives the
government discretion to withhold the bodies if they are to be used in an
offensive or public way.
However, about 3 p.m. yesterday, U.S. District Judge Thomas Penfield
Jackson, saying he could see no legitimate interest on the part of the
District to withhold the bodies, ordered the city to turn them over to
Snyder's group.
Soon after that, city attorneys appealed the decision to the Court of
Appeals, and two hours later the two sides faced off again before Appeals
Court Judges Spottswood W. Robinson III, Abner J. Mikva and Stephen F.
Williams.
At the same time, between 50 and 100 people had gathered in front of the
District Building for the scheduled funeral, which was to consist of a
procession behind closed caskets, a wake and prayers by Episcopal minister
William Wendt.
"I'm out here because I think that people who are forced to live in
anonymity should not die in anonymity," said Dean Lubick, a student at George
Washington University. "There are people out here to say that 'we remember
you,' that there are people aware their brothers and sisters are out in the
streets dying."
After hearing arguments in open court for about an hour, the three judges
conferred privately before Robinson announced, in a terse ruling from the
bench, that the judges saw "no basis" to reverse Jackson's decision. Shortly
afterward, the bodies were released to CCNV. But by that time CCNV had decided
to postpone the funeral until noon.
"Having people stand for hours waiting and in the middle of the night was
not the idea of what we wanted to do," Snyder said.
The plight of the city's homeless was underscored as temperatures fell
rapidly last night. Early today, D.C. police said the mayor's command post had
opened Randle Junior High School, at Half and M streets SW, to shelter the
homeless because of the cold. Police begin announcing the opening of the
building to their patrol units just before 1:30 a.m.
Staff writer Eric Charles May contributed to this report.
Articles appear as they were originally printed in The Washington
Post and may not include subsequent corrections.
Return to Search Results