The Wrong Turn of Criminalizing Homelessness

Recent moves across various states in the U.S. to criminalize homelessness represent a deeply concerning trend in public policy. As unsheltered homelessness continues to rise due to factors like the lack of affordable housing and insufficient social safety nets, some municipalities and states have responded not with support, but with punitive laws. These laws criminalize everyday survival activities of homeless individuals, such as sleeping, camping, and panhandling in public spaces.

Laws that criminalize homelessness have surged in prevalence over the past decade. Ordinances prohibiting life-sustaining activities in public spaces have expanded, leaving those affected with fewer and fewer places to go. This increase in criminalization not only fails to address the root causes of homelessness but also significantly harms those it targets. It strains the already challenging work of service providers and racks up greater public spending on inefficient and ineffective solutions.

The Human and Financial Costs

The enforcement of these laws also has profound personal and systemic costs. For individuals, being criminalized for their circumstances can lead to a harmful cycle of arrests, which makes securing employment or housing even more difficult. Systemically, it diverts necessary attention and resources away from long-term solutions, such as affordable housing and comprehensive healthcare services, which have proven to be the actual remedies for homelessness.

It is imperative to challenge and change the narrative around homelessness from one of criminalization to one of compassion and support. The evidence is clear: policies focused on providing housing and comprehensive support services are the only measures that effectively address the issue of homelessness. It’s time to prioritize these approaches, repealing punitive laws and investing in sustainable, supportive measures that uplift rather than oppress.

Moving Forward

As advocates for justice and equity, we must push for policies that respect the dignity and rights of all individuals, advocating for systemic changes that truly address the needs of the most vulnerable in our society. The approach of criminalizing homelessness is not only ineffective but also unjust, reflecting a failure of empathy and understanding at the policy level. Let us advocate for and support initiatives that aim for a more inclusive and supportive approach to solving one of the most pressing humanitarian issues of our times.

Here is a list of five current or prospective laws related to the criminalization of homelessness, based on recent developments across various states:

1. Florida’s Public Property Law: Recently, Florida has enacted a law that prohibits camping or sleeping on public property. This legislation, signed into law by Governor Ron DeSantis, aims to remove homeless encampments from public view, effectively criminalizing the act of sleeping in public spaces.
2. Texas Homeless Encampment Act: Texas has passed legislation that makes setting up an encampment in a public place a state jail felony. This law targets homeless individuals who use public spaces for shelter, imposing severe penalties for what are essentially acts of survival.
3. California Sit-Lie Ordinance: Several cities in California, including San Francisco, have adopted sit-lie ordinances, which make it illegal to sit or lie down on public sidewalks during certain hours. These laws are enforced with fines and have been criticized for targeting the visibly homeless.
4. Oregon’s Increased Penalties for Public Camping: Oregon has introduced laws that increase the penalties for camping in certain public areas, particularly in state parks and near waterways, as part of an effort to manage public spaces and reduce environmental impact. However, these laws also affect homeless populations who seek refuge in these areas.
5. Washington’s Vehicle Residency Law: In Washington state, laws have been proposed to address vehicle residency — where individuals live in their vehicles. These laws often include restrictions on parking overnight in certain areas, which directly impacts homeless individuals who use their vehicles as housing.

These laws reflect a growing trend toward criminalizing homelessness, rather than addressing the underlying causes such as lack of affordable housing, insufficient mental health services, and poverty. There is a significant push from advocacy groups to repeal these laws and instead focus resources on providing supportive and sustainable solutions to end homelessness.

National Low Income Housing Coalition. (2021). Forty-eight states have enacted laws criminalizing homelessness. Retrieved from https://nlihc.org/