It seems unfathomable that people in America are starving, but hunger is a reality that many are facing in their day to day lives. According to Kathy Koch, writer of “Hunger in America: How Bad is the Problem?”, written in 2000, she states that “New government statistics show that amid the nation’s prosperity 31 million Americans –including 12 million children — suffer from hunger or face the risk of hunger”. When so many are going hungry, wouldn’t it make sense to provide our fellow Americans with a basic necessity such as food?

            As Americans, we are a wasteful society. According to the Environmental Protection Agency, “More than one quarter of America’s food, or about 96 billion pounds of food a year, goes to waste”(Waste Not / Want Not WASTES). Just think of how many people, on a basic level, throw away their leftovers from dinner instead of eating them the next day or giving them to someone less fortunate.

            The sad part is the fact that some members of our society are so destitute, they have to turn to a dumpster for food in the first place. We could use the food that is frivolously being discarded to feed the poor and hungry. My friends know that I advocate for the homeless. When they hear stories of destitute people having to eat food out of a dumpster, one of the immediate questions is “how come they don’t go to a food bank, a church, or the Salvation Army?” The reality is that many food banks, donation sites, soup kitchens and churches simply cannot meet the demand from the high volume of people that come to them for help. The Encyclopedia of Food and Culture, written by Patricia McGrath Morris, states that many of the nation’s homeless populace, which at any given time can exceed a half of a million people nationwide, are not able to obtain three meals per day, and are ten times more likely to go hungry than the poor (1). Organizations like Food Not Bombs, founded in 1980, fight war and poverty by dumpster diving, and then use the salvaged food to make vegetarian meals for the area’s homeless (1). Most other organizations that serve meals to the homeless are usually only able to provide one meal per day because of lack of resources (1).

          What about food stamps? Aren’t they readily accessible to the homeless? Morris also states that the Food Stamp program, which helps many people, is mainly exclusive of the homeless. The homeless are mainly deterred by a lack of proof of identity, residence, and other legal red tape (1). It’s also not easy to have a stockpile of food when one lives a largely nomadic lifestyle.

          In an act to promote the donation of excess and trash-bound food items to the poorer populace, former President Bill Clinton passed a law to help protect people from being liable if an individual gets sick from donated food items (1). This law, passed in 1996, is called the Bill Emerson Good Samaritan Food Donation Act. This law is meant to fight hunger on a national level. Still, many businesses are unwilling to contribute to the fight against hunger, possibly because they do not want homeless people on the premises and detract from the overall quality of the store.

WHAT IS “DUMPSTER DIVING”?

          One common practice of the homeless and destitute to obtain food for themselves, instead of depending on others, is called ‘dumpster diving’, ‘food salvaging’, and it is also referred to as ‘food recovery’ by the Environmental Protection Agency (1). It is the act of rescuing food items that have been discarded for the purpose of consumption. The term ‘dumpster diving’ is also used for defining the act of taking salvageable materials, such as bottles and cans, for the purpose of reusing or recycling. Recycling can generate a source of meager income for an individual.

MODESTO BANS “DUMPSTER DIVING”

Modesto City Counsel was presented a proposed ordinance by Officer John Habermehl, representative of the Modesto Police Department. The city council passed the ordinance that makes ‘dumpster diving’, the act of rummaging through trash receptacles for recyclable and reusable items, a misdemeanor. This ordinance carries a five hundred dollar fine and up to six months in jail. The police department had several reasons for wanting to introduce the ‘dumpster diving’ ordinance.

IDENTITY THEFT: Threat or Scare Tactic?

One major concern of residents and the City Council of Modesto is the threat of identity theft. Documents used to steal one’s identity can be obtained through sources like dumpsters and trash receptacles. According to former Congressman Leach, “dumpster diving” enables a thief to retrieve discarded information such as bank statements (2). This information, such as social security numbers and credit card receipts, gives criminals easy access to obtaining one’s identity.

Identity theft is a serious threat to businesses and residents of Modesto brtween 2006 and 2007, there were 359 reported cases of identity theft in the city of Modesto. This means that on average, there was one case of identity theft reported per day for a period of almost one year. Residents have reason to be worried, for the statistics show that the threat of identity theft is a valid threat in the area. Although this is an alarming amount of identity theft, all 359 cases cannot be solely attributed to dumpster diving.  In an article written by Peter Katel, called “Identity Theft: Can Congress Give Americans Better Protection?”, Katel included statistics from the “2005 Identity Fraud Survey Report”. The Federal Trade Commission and Better Business Bureau acted as consultants to the Javelin Strategy and Research Company, conductors of the 2005 report aforementioned (1). Most reports of identity theft, almost thirty percent, were spawned from lost or stolen wallets or credit cards. Only 2.6 percent of identity theft stemmed from information obtained from being disposed of in the garbage (1). That means that less than three percent of the surveyed population had their identities stolen using information found in garbage receptacles, all of which cannot be blamed primarily on the homeless demographic population. To exclude this information in the presentation provided to City Council, leads to the assumption that the provided information was used primarily as a scare tactic to instill fear in the public and to get the ordinance passed with less opposition.

LA LOMA: A struggle between the “rich” and the homeless

            Residents of Modesto and businesses are also concerned about their neighborhoods. The La Loma Neighborhood Association, advocating in favor of the ordinance, is a local organization of one of the richest neighborhoods in Modesto. In contrast, the La Loma neighborhood is also home to many of the local homeless population. It is the site of the Modesto Gospel Mission, which provides emergency shelter to poor individuals. The Mission only provides shelter in the evening, and even then, beds are scarce, so many individuals are left to roam the streets.

            These upper middle class neighbors are concerned with different problems associated with the homeless digging through trash in the La Loma section of Modesto. One concern is that deviants, alcoholics, and drug addicts are being brought into neighborhoods under the guise of dumpster diving. It is true that the homeless can be intimidating to some people, but many do not have drug or mental health problems. According to the U.S. Conference of Mayors report entitled, Sodexo Hunger and Homelessness Survey 2003, 70 percent of the homeless are not substance abusers and 77 percent are free of mental health issues(2). That means that a large percentage of homeless do not have mental illness or abuse drugs.

            Another concern of residents and businesses is blight created as a byproduct of dumpster diving. Blight lowers property values. Houses sell for more money if the neighborhood looks more aesthetically pleasing. Business owners get fines from city for having the areas by dumpsters unkempt and strewn with trash. Some individuals can create an unsightly mess, but the majority of dumpster divers follow an unwritten rule to leave a trash receptacle in the same, if not better condition when they leave. A person that dumpster dives and then leaves the area tidy will have less chance of being detected as a trash “visitor”. Therefore, one will have better chances of being able to return to the site to “dumpster dive” with good results. When one leaves a mess, there is a higher probability that the resident or business owner will start to keep the trash container under lock and key.

“DUMPSTER” FOOD: Safe or Scary?

            The last major concern that was used to pass the dumpster diving ordinance is the threat of food borne illness. One such food borne illness is salmonella poisoning. An online medical dictionary called medicinenet.com states that Salmonella, a food contaminant, is general food poisoning that manifests as nausea and diarrhea. It can also turn into typhoid fever, which is like food poisoning, but is also accompanied by a high fever and intestinal inflammation (Davis).

The City Council recognizes another illness: MRSA. Methicillin resistant Staphylococcus aureus (S. aureus) bacteria, also known as MRSA, is a “super bug” that is resistant to antibiotics. It was first discovered in 1961. It is usually spread  MRSA is primarily a skin infection with manifestations such as abscesses and boils, but it can spread. Once MRSA spreads, it can infect other parts of the body, such as various internal organs, becoming potentially lethal (medicinenet.com).

These food borne illnesses can be especially frightening, but they are not restricted to contraction caused from dumpster diving. Salmonella poisoning can be contracted by improper washing after handling raw eggs and raw meats like chicken. Salmonella can then contaminate other foods that are handled afterwards. Hence, it is common knowledge to wash hands and cooking surfaces thoroughly after handling raw eggs and raw meats.

MRSA can be contracted from just about anything that breaks the skin from a scraped knee to a paper cut on a finger. The culprit can be anything from pavement to a slip of a knife, so it cannot be solely caught by rummaging through trash receptacles. The best way to prevent MRSA is to wash and then treat cuts and abrasions with Neosporin. Afterwards, a band-aid or gauze should be applied to keep the area dry.

MY LAST DUMPSTER RAID: Dumpster Diving Tips

As an avid “dumpster diver“, I have never gotten sick from eating “dumpster” food. As precautions against illness, the best thing to do is wear gloves and not touch any bags that are wet inside or have garbage and food mixed together in the same trash bag. Supermarkets and other companies throw away food that is usually still sealed and just happened to go past the expiration by a day or two, or are not as aesthetically pleasing as others. The better places to dumpster dive, like bakeries and supermarkets, often dispose of produce and breads in a bag separate from trash. Once food items are retrieved, it is wise to wash all feasible items, store in the refrigerator, and then consume within a couple of days.     

SUPREME COURT: No Privacy for Refuse

            The garbage company would argue that dumpster diving should be illegal because once the garbage is in their receptacle, the garbage company then owns the trash. Although a valid argument, garbage cannot be considered private property once it leaves the hands of the one that is throwing it away. A Supreme Court case, California versus Greenwood, an individual argued that police shouldn’t be allowed to search his refuse as it invaded his right to privacy. Decided in 1988, the court held that the individual had no right to privacy when it came to the trash that he generated and then put in the garbage. When one leaves a garbage bag on the curb, waiting to be picked up by the trash company, it is a known fact that the garbage bag will be available for rummaging by different members of the general public (1, 2).

CRIME AND PUNISHMENT: Protecting Constitutional Rights

City Council wants to punish “dumpster divers” to deter individuals from gaining information to steal one’s identity, to keep neighborhoods cleaner, and to prevent the spread of food borne illness. Although the punishment inflicted by the dumpster diving ordinance, five hundred dollars in fines and up to six months in jail, would make it more difficult for dumpster divers, the newly instilled ordinance inhibits the homeless from being able to perform life sustaining activities. Poor individuals are punished unduly for trying to obtain food and salvageable materials in order fend for themselves.

The ordinance gives police the right to search a “dumpster diver” for information to be used in stealing one’s identity. as written in the Modesto Bee (Ashton). Although meant as a deterrent, it raises a legal issue: People digging through garbage can be searched for personally identifying data they don’t legally own. As Council member Will O’Bryant stated at the City Council meeting, one can have personally identifying information of someone else, such as credit card or social security numbers, bills, receipts, etc., but it does not mean that there is intent to commit a crime. Therefore, there is no probable cause in which to search the “dumpster diver”. Searching without probable cause goes against the fourth Amendment of the Constitution which states that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated”. That means that searching without probable cause is unconstitutional.

The ordinance also potentially goes against the 8th Amendment in the Constitution, which states that excessive fines and bail are unconstitutional (1). Giving a homeless individual a 0 fine seems overly excessive considering one’s income is virtually nonexistent.   A 2003 report, put out by the National Law Center on Homelessness and Poverty, entitled “Punishing Poverty: The Criminalization of Homelessness, Litigation, and Recommendations”, is referred to in a 2004 report by the National Coalition for the Homeless, called “Illegal To Be Homeless” (1). It states that the cost for jailing an individual can run in between thirty to 0 per day. (1). It also says that to provide basic necessities to an individual, such as shelter, food and psychological assistance costs about per day (1). This means that it is more effective, in terms of an economic and moral standpoint, to help rehabilitate the homeless instead of throwing them in jail.

THE “HAVES” AND THE “HAVE-NOTS”: Criminalizing the Homeless

A possible issue that may arise is that police will not objectively target everyone that breaks this ordinance. I was the only member of the ….Modesto…. community reported as being in opposition of passing the ordinance at the city council hearing. When Officer John Habermehl, the officer responsible for putting together the presentation and addressing city council, was asked by City Council member Will O’Bryant if police would arrest him for an infraction of the proposed ordinance, Officer Habermehl stated that it would be up to the arresting officer’s discretion. A tense silence filled the air as people held their breaths, at once trying to breathe in and simultaneously trying to absorb the ramifications of the statement by the officer. An answer like this leads one to come to the conclusion that the selective punishment inflicted by this ordinance would promote racial, economical, and social profiling based on the arresting officer’s personal discriminations.

Morally, blacklisting individuals for their social or economic standing is wrong. There are alarming social consequences of criminalizing the homeless, as discussed by the National Coalition for the Homeless, the first group founded for the advocacy of the homeless(1): 

                   Criminalization masks the social exclusion of homeless people

under the guise of public safety concerns. When cities warn tourists

  and residents not to give money to panhandlers, they create the fear

of homeless individuals that leads to further discrimination. This

criminalization then helps legitimize that fear (1).

Instilling fear and feeding biases to the general public not promotes stereotypes of the accused group and ostracize them from society, but it also inhibits the group from conducting functions necessary for survival.

LEGALITY VS. MORALITY

            There are many reasons why dumpster diving should be illegal. Identity theft can originate from information recovered from dumpsters. When dealing with poor sanitation and lack of refrigeration, food safety will always be a concern. An end to “dumpster diving” would bring an end to issues, such as blight, that cause friction in between the community and the homeless populaces.

            From a moral standpoint, dumpster diving allows people to search and provide themselves with food, which might not be possible to do otherwise. Allowing people to dumpster dive also battles hunger because we, as a collective society, throw so much food away when others are starving. How can people be so consumed with greed that they deprive the poor of food that they don’t even want? Instead, one quarter of the nation’s food gets thrown away, and people go hungry. In addition to banishing leftovers to the trash can, the refuse container is put under lock and key. Then, if anyone attempts to retrieve the food in the trash because they have no other option, that person is punished.

            If everyone conserved their food intake, ate leftovers, bought food wisely instead of in excess, there would be enough food to feed every hungry person on Earth. There would be an end to hunger. Instead of worrying about legalities, why don’t we do what is right? Fight against hunger. Don’t punish the homeless and destitute for trying to survive another day.

Works Cited

.. ..

Ashton, Adam. Modesto, California, Modesto eyeing ban on Dumpster diving.Modesto Bee, The

            (CA) (07 Jan. 2008). Points of View Reference Center. EBSCO. Modesto.Junior  

            College, Modesto, CA. 25 February 2008.

Ashton, Adam. “Penalty is raised for Dumpster diving.” Modesto Bee, The (CA) (09 Jan. 

            2008). Points of View Reference Center. EBSCO. Modesto Junior College

            Library, Modesto, CA. 1 March 2008. http://search.ebscohost.com.libdbmjc.yosemite.edu/login.aspx?direct=true&db=pwh&AN=2W603516967&site=pov-live.

Davis, Charles, MD. PhD. MRSA Infection. 18 Feb 2008. http://www.medicinenet.com/mrsa_infection/article.htm.

Davis, Charles, MD. PhD. Salmonella. 09 Nov 2007.

http://www.medicinenet.com/salmonella/article.htm

Food Not Bombs. Story of Food Not Bombs. New Mexico. Food Not Bombs, 2008.

http://www.foodnotbombs.net/story.html.

 JAMES A. LEACH, and CHAIRMAN.. “Identify Theft Protection.” FDCH Congressional Testimony (n.d.). Points of View Reference Center. EBSCO. 1 March 2008. .

Katel, P. (2005, June 10). Identity theft. CQ Researcher, 15, 517-540. Retrieved March 2,    2008, from CQ Researcher Online,   http://library.cqpress.com/cqresearcher/cqresrre2005061000.

Koch, K. (2000, December 22). Hunger in America. CQ Researcher, 10, 1033-1056.Retrieved March 2, 2008, from CQ Researcher Online,http://library.cqpress.com/cqresearcher/cqresrre2000122200.

Morris, Patricia McGrath. ”Homelessness.” Encyclopedia of Food and Culture. Ed. Solomon H. Katz. Vol. 2. New York. Charles Scribner’s Sons, 2003. 208-209. Gale Virtual Reference Library. Gale. Modesto Junior College Lib., CA. 2 Mar. 2008 

National Coalition for the Homeless. Illegal to Be Homeless 2004 Report. Washington, D.C.: National Coalition for the Homeless, 2004. http://nationalhomeless.org/publications/crimreport2004/problem.html. http://nationalhomeless.org/publications/crimreport2004/background.html.

United States. Amendments to the Constitution. 20 Sept, 2004. http://www.house.gov/house/Constitution/Amend.html.

United States. Congress. Bill Emerson Good Samaritan Food Donation Act. 1 Oct. 1996.     http://www.uncc.edu/gchutchi/billemersonact.htm.

United States. Environmental Protection Agency.. 27 Dec. 2007. http://www.epa.gov/epaoswer/non-hw/reduce/wastenot.htm.

United States. Food and Drug Administration. National Food Safety Initiative Announced. Kandra, Karen. 1998. http://www.fda.gov/cvm/NationalFoodSafety.html

United States. Modesto Police Department. Habermehl, John. City of Modesto. Modesto Police Department. Unauthorized Entry Into Waste Containers. Modesto. 8 Jan, 2008.

United States. U.S. Conference of Mayors. Sodexho Hunger and Homelessness Survey 2003. 18 Dec 2003. http://www.usmayors.org/uscm/news/press_releases/documents/hunger_121803.asp

United States. Supreme Court. Cornell University Law School. California v. Greenwood. 16 May. 1988. http://www.law.cornell.edu/supct/html/historics/USSC_CR_0486_0035_ZS.html

Related Diving Schools Articles