• Skip to primary navigation
  • Skip to main content
  • Skip to footer
WRAP

WRAP

Western Regional Advocacy Project

  • Donate Now
  • Get Email Updates
  • Contact Us
  • Home
  • About
    • 40 Years of Fighting
    • History
    • Mission
    • Strategy
    • Members
    • Board / Staff
  • Campaigns
    • Business Improvement Districts
    • House Keys Not Sweeps
    • Homeless Bill of Rights
    • Oregon Right To Rest
    • Without Housing
    • Street Outreach
  • Organizing Tools
    • Without Housing Organizing Toolkit
    • Homeless Bill of Rights Campaign Manual
    • WRAP Organizers Manual
    • WRAP Artwork
  • Resources
    • Pipe Dreams and Picket Fences Report
    • Art in Action Power Point Slide Show
    • Hobos to Street People
    • House Keys Book
    • Political Education
    • Legal Research
  • Media
    • Newsletters
    • Blog
    • Hobos to Street People Art Show
    • Street Newspapers
    • Sweeps Gallery Videos
    • Videos
  • Support Us
    • Donate
    • Become a Monthly Sustainer
    • Volunteer
    • Support WRAP
    • WRAP Newsletters & Updates Sign Up

NHLC – First National Study of State Laws Criminalizing Homelessness Released

December 1, 2021 by Jonathan Leave a Comment

FOR IMMEDIATE RELEASE

Contact: Sam Scarrow
scarrow@voicesforciviljustice.org
215-264-3252


First National Study of State Laws Criminalizing Homelessness Released


Widespread Criminalization of Sheltering, Camping, and Other Means of Survival

(December 1, 2021, Washington, D.C.) – The National Homelessness Law Center (Law Center) today released the first national study on state laws criminalizing homelessness. Housing Not Handcuffs 2021: State Law Supplement shows that states are increasingly targeting homeless people with criminal penalties and incarceration for such acts of survival as public sleeping, camping and asking for charity.

Key findings of this research include:
• Almost every state, 48 in total, has at least one law restricting behaviors that prohibit or restrict conduct of people experiencing homelessness.
• 24 states have laws restricting loitering, loafing, and vagrancy in particular public places.
• 4 states have laws restricting lodging, living, or sleeping in vehicles.
• 16 states have laws restricting loitering, loafing, and vagrancy state-wide.
• 15 states have laws restricting camping in particular public places.

This report supplements the Law Center’s Housing Not Handcuffs 2019 report, looking at municipal level laws criminalizing homelessness in 187 cities across the country.

“Criminalizing homelessness is unconstitutional, racially discriminatory, and just bad policy,” said Eric Tars, legal director at the NHLC. “Unfortunately, as our report shows, almost every state in the country has these laws on the books. If we want to end homelessness, we first need to stop using these laws to punish people who have been the victims of our bad housing policies, and then focus on fixing those policies to ensure the basic human right to housing for all.”

The 9th Circuit Court of Appeals found it unconstitutional to punish a person experiencing homelessness for sleeping outside, in the absence of adequate alternatives. Since no state meets that bar by providing adequate alternatives, the growing number of these laws are likely to face intense judicial scrutiny.

Although many of these laws date back to Jim Crow era Black codes, the report also reveals a concerning new trend: state governments coercing municipalities into enforcing these unconstitutional criminal statutes. For example, Texas recently passed a law that would take away state funding and support from any local entity that “prohibits or discourages enforcement of any public camping ban.”

Laws that criminalize homelessness do not solve the underlying causes of homelessness. Instead, criminalization exacerbates a person’s homelessness, often by creating additional barriers to housing and employment. The Law Center urges states with state-level statutes that criminalize homelessness to repeal these statutes and instead pursue constructive policies that end homelessness and invest in affordable housing at levels necessary to end homelessness in their respective states.

The Law Center will host a webinar to discuss the report on Wednesday, December 1, at 2pm ET/11am PT. Register here.

###

The National Homelessness Law Center (the Law Center) is the only national organization dedicated solely to using the power of the law to prevent and end homelessness. With the support of a large network of pro bono lawyers, we address the immediate and long-term needs of people who are homeless or at risk through outreach and training, advocacy, impact litigation, and public education.

Filed Under: Civil & Human Rights, Criminalization, Homelessness, National Homeless Law Center, Press Releases, WRAP Allies

Reader Interactions

Leave a Reply Cancel reply

You must be logged in to post a comment.

Footer

Instagram Feed

San Francisco, CA. Mayor’s Plan to Expand Shelte San Francisco, CA. Mayor’s Plan to Expand Shelter GUTS HOUSING FOR HOMELESS FAMILIES AND YOUTH 
https://wraphome.org/2023/05/31/mayors-plan-to-expand-shelter-guts-housing-for-homeless-families-and-youth/
Nationally, evictions from public housing have sur Nationally, evictions from public housing have surged since late 2021, when the federal government lifted an eviction moratorium put in place to protect renters during the pandemic, according to Peter Hepburn, associate director of Princeton University’s Eviction Lab.  https://conta.cc/3WJco9B
WRAP members and allies always tell us the vital i WRAP members and allies always tell us the vital importance of feeling connected to each other- sharing stories from our own communities, learning from past campaigns, and having artwork that we can share (and wear!) that affirms the life-saving message that we are in this together - we are not alone! 
https://conta.cc/3Wfb5Pw
Join the Coalition On Homelessness San Francisco T Join the Coalition On Homelessness San Francisco Thursday May 11 at 12 noon steps of City Hall
1 Dr. Carlton Goodlett Place
San Francisco, CA 94102
We are thrilled to announce that yesterday the fin We are thrilled to announce that yesterday the final two Aloft residents, Juilo and Alberto who we asked for the community’s support in advocating for, got a commitment from the State for housing vouchers and the City agreed to bridge them in a hotel like everyone else!! This means that NO Aloft resident was kicked to the shelters or streets due to the closure!! This is a huge testament to what is possible when everyone comes together toward a housing goal and puts their resources toward housing! 
https://conta.cc/3LYOumD
Instagram post 17977559687207330 Instagram post 17977559687207330
Of course, in a time when the poor people are demo Of course, in a time when the poor people are demonized for being poor and homeless people are increasingly seen more as something to fear rather than human beings, it’s unfortunately not all that surprising.
https://conta.cc/3HxZpkV
https://conta.cc/3HwGcQq
We are thrilled to announce that yesterday the fin We are thrilled to announce that yesterday the final two Aloft residents, Juilo and Alberto who we asked for the community’s support in advocating for, got a commitment from the State for housing vouchers and the City agreed to bridge them in a hotel like everyone else!! This means that NO Aloft resident was kicked to the shelters or streets due to the closure!! This is a huge testament to what is possible when everyone comes together toward a housing goal and puts their resources toward housing! 
https://conta.cc/3HsVsOn
Unhoused people are most often prosecuted for "cri Unhoused people are most often prosecuted for "crimes of survival," like sitting, lying down, or sleeping in public space. In order to protect people from discriminatory enforcement of laws that were created deny people their right to exist where they happen to live The Right To Rest Act was created in 2015 and is still being fought for today!!!! 
The Right 2 Rest Act did not meet the threshold to be voted out of committee this term, but this informational hearing will ensure legislators know this bill is necessary to protect our human rights to public space! 
https://conta.cc/3KSclTn
Join us to discuss the specifics of the Right to R Join us to discuss the specifics of the Right to Rest Act, HB3501:  What it is, why we need it and how we make it happen in Oregon.  https://conta.cc/3ZOeMvA
Load More... Follow on Instagram

Facebook Icon

Facebook Feed

Comments Box SVG iconsUsed for the like, share, comment, and reaction icons

Listen to KALW

www.kalw.org

There are so many ways to listen to KALW: On 91.7 FM in the Bay Area. In your podcast feed. On your smart speaker ("Hey Siri, play KALW"). P...
1 day ago
View on Facebook
· Share
Share on Facebook Share on Twitter Share on Linked In Share by Email
View Comments
  • Likes: 0
  • Shares: 0
  • Comments: 1

Comment on Facebook

Mind telling us when, PB?

Twitter Icon

Twitter Feed

Unable to load Tweets

Follow

YouTube icon

Youtube Code

Our Channel

Copyright © 2023 Western Regional Advocacy Project WRAP · Log in