Ending the Criminalization of Homelessness in the USA

The issue of homelessness in the United States has reached a critical point, with millions of Americans experiencing homelessness each year. Despite widespread agreement that housing is a fundamental human right, the country has not implemented policies to ensure this right for all its citizens. This has led to a growing crisis where unhoused individuals are not only left without shelter but are also subjected to punitive measures for simply existing in public spaces. This phenomenon, known as the “criminalization of homelessness,” involves laws and policies that make life-sustaining activities, such as sleeping or sitting, illegal for homeless individuals. This report provides an in-depth examination of the criminalization of homelessness, its impact on individuals, and the broader societal implications.

While three-quarters of Americans believe that housing is a human right, the nation has yet to put in place comprehensive policies to ensure this right for all. As a result, homelessness continues to be a pervasive issue, with the number of unhoused individuals increasing annually. Many people experiencing homelessness have no alternative but to live outside, often in public spaces. However, instead of addressing the root causes of homelessness, cities across the country have resorted to punishing these individuals for their presence in public areas.

The criminalization of homelessness refers to the enactment and enforcement of laws that make life-sustaining activities illegal for homeless individuals. These laws target behaviors such as sleeping, sitting, or lying down in public spaces, as well as living in vehicles. The enforcement of these laws varies widely, with some individuals facing jail time, while others are subjected to expensive fines and displacement.

The criminalization of homelessness has far-reaching consequences for those affected. Homeless individuals who are ticketed, arrested, or jailed face significant barriers to finding employment, securing housing, and accessing essential services. A criminal record further complicates their ability to reintegrate into society, creating a cycle of homelessness that is difficult to break. Additionally, the enforcement of these laws often results in the displacement of homeless individuals from one public space to another, without providing any permanent housing solutions.

With the assistance of prominent law firms such as Dechert LLP, Sullivan & Cromwell, and Kirkland & Ellis, the Law Center conducted a comprehensive examination of the city codes of 187 urban and rural cities across the country. This study identified laws that restrict or prohibit various categories of conduct performed by homeless people, including sleeping, sitting, or living in vehicles within public spaces.

While the study catalogues the existence of these laws in different cities, the actual enforcement of these laws can vary significantly. Some cities may enforce these laws strictly, while others may take a more lenient approach. However, the mere threat of enforcement is often used to harass homeless individuals and displace them from one location to another.

The criminalization of homelessness is not only ineffective in addressing the issue but also exacerbates the problem. By focusing on the visual aspects of homelessness rather than the root causes, these laws fail to provide meaningful solutions. Instead, they contribute to the stigmatization and marginalization of homeless individuals, making it even more challenging for them to access the resources and support they need.

The criminalization of homelessness is a deeply flawed approach that does little to address the underlying causes of homelessness. Instead of punishing individuals for their lack of housing, efforts should be focused on implementing policies that ensure the right to housing for all. This includes increasing the availability of affordable housing, providing support services, and adopting a “housing first” approach that prioritizes immediate and permanent housing solutions. Only through such comprehensive and compassionate measures can we hope to make meaningful progress in addressing the homelessness crisis.

: Civil Rights & Criminalization of Homelessness

: What Communities Need to Know About the Criminalization of Homelessness