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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

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Urgent Help Needed Grants Pass is facing over 100 Urgent Help Needed 
Grants Pass is facing over 100F temperatures for the next 4 days Our homeless neighbors have no shelter, no shade & no water. Please help by donating bottled water or funds - we'll put every drop to good use! 
Venmo | Helen Cruz 
https://account.venmo.com/u/Helen-Cruz-30

Let's come together for those left in the heat, every bottle & dollar makes a difference
Community spirit and perspective and a cool organi Community spirit and perspective and a cool organizing training!
With sweeps and fascist policing/immigration tactics ramping up all over the country, we must make sure our initiatives to fight them are informed by, come from and are supported by the people who are directly impacted!!! Street outreach is how we do this!
https://conta.cc/46GwXKG
Join WRAP on Tuesday, July 22 on zoom at 3pm pt | Join WRAP on Tuesday, July 22 on zoom at 3pm pt | 4 pm mt | 6 pm et for a training on the different methodologies, context and implementation of street outreach! There will be examples from WRAP members who represent organizations in different states who have been fighting back against criminalization and sweeps in their communities.
Accountable organizing through street outreach! 

With sweeps and fascist policing/immigration tactics ramping up all over the country, we must make sure our initiatives to fight them are informed by, come from and are supported by the people who are directly impacted!!! 

Street outreach is how we do this! 

📣 WRAP : STREET OUTREACH TRAINING 
🗓️ Tuesday, July 22 | 🕒 3pm PT | 4pm MT | 6pm ET
🎟️ RSVP : bit.ly/wrapoutreach 
✉️ Contact joemae@wraphome.org for any questions

Read More: https://conta.cc/3ZXkCxS
Last year, on April 22nd, I stood with over 700 pe Last year, on April 22nd, I stood with over 700 people from around the country in front of the US Supreme Court demanding that the court focus on proven solutions to homelessness like housing, and not on things like handcuffs and jails that make homelessness worse. Months later, SCOTUS shamefully decided that homeless people are not included in the Constitution’s protections against cruel and unusual punishment and could be ticketed or arrested for simply sleeping outside. https://conta.cc/44m9rjl
The city continues to sneak in their sweeps of our The city continues to sneak in their sweeps of our friends and neighbors to nowhere. They sneak their sweeps in and hope those that care and give a sh&! against this violence won’t show up. We will do all we can to challenge this and won’t let the city block us from the community care they are afraid of.

Join us for a virtual gathering to learn how to show up, how to build community care. July 10th from 7-8:30pm. DM us for more info.

#sweepskill #fucksweeps #stopthesweeps #stoptheharrellhorrorshow #communitycare #showup
🏠Housing is a human right, and it is about time 🏠Housing is a human right, and it is about time our communities actually accept this!

On June 28th 2024, Grants Pass v Johnson was overturned (a case that had required cities to not criminalize the unhoused if adequate shelter was not provided by the city). On June 28th from 10am-12pm, we are asking our community to gather on the Missoula Courthouse lawn to show our city that we don’t support the ways they are criminalizing unhoused Missoulians. 📣

After the rally, from 12-2pm we will hear from various local organizations that are impacted and addressing this issue in our community. 🫂 From those working in the legal system to renters to mutual aid groups, our entire community is impacted by the overturning of Grants Pass v Johnson, the closure of the Johnson Street shelter, and the criminalization of unhoused Missoulians. Municipal elections are coming up this year and it is critical that we show city council where our priorities lie.
The Sovereign Roses Virtual Alumni Chapter invites The Sovereign Roses Virtual Alumni Chapter invites you to WRAP with the Roses! Learn more about the Western Regional Advocacy Project (WRAP) and a potential Project I.M.P.A.C.T area we’re exploring. WRAP is dedicated to ending homelessness and poverty by uplifting the voices of those directly impacted and advocating for systemic change rooted in justice and equity.
Discover why WEE believe that partnering with WRAP is a powerful step toward making a real, sustainable difference in our communities.

📅 Date: June 30

🕔 Time: 5:52 PM CST

📍 Zoom:
Meeting ID: 98812438845
Code: 567524

🌐 Learn more about WRAP: www.wraphome.org (http://www.wraphome.org/)

Together, we can push for change, challenge injustice, and build impact that lasts. Don’t miss this opportunity to get informed and get involved!

#GammaSigmaSigma #ServiceSorority #SRVAC #WRAP #Projectimpact #GSS #SFE #ServiceFriendshipEquailty
June 28th marks the One Year Anniversary of the Su June 28th marks the One Year Anniversary of the Supreme Court making it illegal to be homeless. Join me in the fight to push back! Helen Cruz
June 28 4-7pm | Echo Park Lake, LA for more inform June 28 4-7pm | Echo Park Lake, LA
for more information: @lacanetwork_official
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