Criminalized for Being Homeless: The Hidden Harm of State Laws

by Sofia Dirawi

Currently, 48 out of 50 states have implemented bans on basic survival activities for individuals, including sleeping, eating, sitting, or living in one’s own car (United States Interagency Council on Homelessness, 2022). Anti-homeless laws are widespread laws across the U.S. that aim to criminalize homelessness and make it more difficult for homeless people to carry out the basic daily activities necessary to survival (Western Regional Advocacy Project, 2019). 

Unfortunately, due to the common occurrence of these laws, there are numerous examples of their application. On June 28, 2024, the Supreme Court issued its decision in Grants Pass v. Johnson, concluding that the town’s implementation of a law prohibiting camping on public property does not violate the constitutional rights of homeless individuals (Russell, 2024). Furthermore, in Florida, HB 1365 bans counties and cities from allowing people to sleep in public places (Neely, 2024). Texas bans statewide public homeless encampments and withholds state grant money from localities that don't comply through HB 1925 (Save Austin Now, 2021). The National Homelessness Law Center monitored these regulations in 187 communities between 2006 and 2019 and discovered that citywide prohibitions on camping had grown by 92%, sitting or lying by 78%, loitering by 103%, panhandling by 103%, and living in a car by 213% (Tars, 2021).  In the meantime, homeless encampments have increased by 1,300% nationally (Tars, 2021).

These bills have severe impacts on everyone. As explained by Griffith, resources intended to address violent crimes are instead being utilized to harass non-violent "offenders" whose only alleged "crimes" are sleeping, strolling, standing, or sitting on the streets. (2024). This leads to fewer resources being allocated towards preventing and punishing crime, which puts communities at risk (Griffith, 2024). Criminalizing homelessness can also lead to a spiral of negative effects on public health (McCann, 2024). 

Now, you’re probably all wondering, “Where does Living Outside come in?” At Living Outside, our organization takes a novel approach to solving this issue. What these laws do is criminalize homeless individuals, or as we like to call them, people who live outside. The key issue with criminalizing people who live outside and pasting unnecessary labels on their identities is that they begin to feel isolated, and their very existence becomes surrounded by societal stigma. That’s exactly why here at Living Outside, our goal is to connect with people who live outside on a personal level; to truly acknowledge them for the dignified human beings they are While the growing number of laws criminalizing homelessness can make us feel powerless, we all carry a tremendous strength with us, every day: the power of communication. On our way to school, work, or even while running errands, we have countless opportunities to use that power— pausing to say hello, asking someone how they’re doing, or simply recognizing their presence. These small moments of connection can cut through the isolation that today’s realities continue to create. Our goal is to remind the world that people who live outside are just as important as our other neighbors. 

So far, our organization has created over 6,000 care bags, worked with over 600 volunteers, led over 30 distribution events, and expanded to 20 chapters around the world. But in truth, the statistics listed don’t matter anywhere near as much as the personal connections we’ve made with people who live outside and our volunteers. In the words of Bella Brown’s uncle, the man who inspired this organization to be founded, "I'm a person, just like the rest of us. I simply live outside." Together, we can all make a difference and remind our community that together, we can ensure that everyone feels as though they belong, regardless of whether they live inside or outside.

References

Griffith, C. (2024, December 16). Why Anti-Homeless laws are hurting everyone - including you. Invisible People. Retrieved from https://invisiblepeople.tv

McCann, J. (2024, July 18). Homelessness: Criminalization will affect health outcomes | AcademyHealth. Retrieved from https://academyhealth.org/blog/2024-07/homelessness-criminalization-will-affect-health-outcomes

Neely, S. (2024, October 3). What is Florida’s ‘Homeless Law’? How new rules will impact the homeless population. Daytona Beach News-Journal Online. Retrieved from https://www.news-journalonline.com

Russell, W. (2024, August 16). Grant’s Pass v. Johnson: Supreme Court decision illustrates the difficulties in solving homelessness - New York State Bar Association. Retrieved from https://nysba.org/grants-pass-v-johnson-supreme-court-decision-illustrates-the-difficulties-in-solving-homelessness/#:~:text=On%20June%2028%2C%202024%2C%20the,violate%20those%20individuals'%20constitutional%20rights.

Save Austin Now. (2021). Texas Statewide Public Camping Ban, HB1925, Takes Effect September 1, 2021. Retrieved from https://www.saveaustinnow.com/texas-house-bill-1925-hb1925-camping-ban

Tars, E. S. (2021). ADVOCATES’ GUIDE. National Low Income Housing Coalition (pp. 6–37). Retrieved from https://nlihc.org/sites/default/files/AG-2021/06-08_Criminalization-of-Homelessness.pdf

United States Interagency Council on Homelessness. (2022, October 26). Collaborate, Don’t criminalize: How communities can effectively and humanely address homelessness. Retrieved from https://www.usich.gov/news-events/news/collaborate-dont-criminalize-how-communities-can-effectively-and-humanely-address#:~:text=Most%20states%20(48)%20now%20outlaw,both%20effective%20and%20cost%2Deffective.

Western Regional Advocacy Project. (2019, January). What are sweeps? What are anti-homeless laws? What are the effects of sweeps? Western Regional Advocacy Project. Retrieved from https://wraphome.org/wp-content/uploads/2020/01/sweeps-fact-sheet1-22.pdf