Cameron Miranda
Homeless people are often criminalised for breaking laws that forbid loitering or sitting on a sidewalk. Laws that criminalise homeless people include restricting the public areas in which sitting or sleeping are allowed. The police often end up moving homeless people from place to place, which is expensive for local taxpayers and traumatic for homeless people. Some laws state that the state should support or house homeless people, but this is not always the case in practice.
| Characteristics | Values |
|---|---|
| Laws that criminalise homeless people | Restricting the public areas in which sitting or sleeping are allowed |
| Laws that criminalise homeless people | Forbidding loitering |
| Laws that criminalise homeless people | Making it illegal to sit on a sidewalk |
| Laws that support homeless people | The 1834 Poor Law Amendment Act required parish unions to supply houses for workers |
| Laws that support homeless people | The 2017 Homeless Reduction Act requires councils to provide assistance to homeless people |
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What You'll Learn
Laws that criminalise homeless people
In the US, the Supreme Court has ruled that sleeping outside when there is no place inside to sleep should not be a criminal offence. However, the ruling is not always followed, and there are still communities where people are calling for officials to "do something" about the issue of homelessness.
The Homeless Reduction Act 2017 states that unhoused persons should be able to access assistance from their council. However, the police are often left to deal with the issue, which creates conflict between local officials, the police, and homeless people.
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Sleeping outside
Laws that criminalise homeless people often take one of five forms: restricting the public areas in which sitting or sleeping are allowed; forbidding loitering; making it illegal to sit on a sidewalk; or restricting access to housing or assistance.
In some areas, sleeping outside is considered breaking the law. This is a widespread issue in areas with high rates of homelessness. However, the National Alliance to End Homelessness argues that when a person is unsheltered, where else are they supposed to go? The Alliance suggests that developing positive partnerships, not punitive ones, is essential to ending homelessness.
In 2019, the Supreme Court declined to hear a case on whether sleeping outside should be a criminal offence, meaning that a lower court's ruling that it should not be a crime stood. However, this does not prevent frustrated community members from calling the police, which can create tensions between homeless people and the rest of the community.
Some laws do say that the state should support or house homeless people. For example, the 1834 Poor Law Amendment Act required parish unions to supply houses for workers, although these were made unattractive to discourage people from applying. Under the Homeless Reduction Act 2017, unhoused people should be able to access assistance from their council.
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Loitering
In areas with high rates of homelessness, frustrated community members often call the police on homeless people, which can lead to further tensions. Developing positive partnerships is seen as a better way to solve the problem of homelessness, rather than criminalising it.
Some laws do require the state to support or house homeless people. For example, the 1834 Poor Law Amendment Act required parish unions to supply houses for workers. However, these unions made the workhouses unattractive to discourage people from applying for housing. Under the Homeless Reduction Act 2017, unhoused people should be able to access assistance from their council.
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Sitting on a sidewalk
In some areas, it is illegal for homeless people to sit on a sidewalk. This is one of the ways in which laws criminalise homelessness, along with forbidding loitering and restricting the public areas in which sitting or sleeping is allowed.
The criminalisation of homelessness creates conflict between local officials, the police, and homeless people. It also allows local politicians to try to dodge responsibility for homelessness by turning it over to the police.
The police often end up moving homeless people from place to place, which is traumatic for the individuals involved and expensive for local taxpayers.
Some laws state that the state should support or house homeless people. For example, the 1834 Poor Law Amendment Act required parish unions to supply houses for workers, although these unions purposely made these workhouses unattractive. Under the Homeless Reduction Act 2017, unhoused persons should be able to access assistance from their council.
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Restrictions on public areas
Laws that criminalise homeless people often include restrictions on public areas. This can include forbidding loitering or making it illegal to sit on a sidewalk. These laws are widespread in areas with high rates of homelessness, and can lead to conflict between the community, local officials, the police and homeless people.
In some cases, the police are left to shuffle homeless people from place to place, which can be traumatic for those involved and expensive for local taxpayers.
In Great Britain, the 1834 Poor Law Amendment Act required parish unions to supply houses for workers, but these were made unattractive to discourage people from applying for housing. The Homeless Reduction Act 2017 states that unhoused people should be able to access assistance from their council.
In the US, the Supreme Court has ruled that sleeping outside when there is no place inside to sleep should not be a criminal offence.
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Frequently asked questions
In some places, yes. In 2019, the National Alliance to End Homelessness said that sleeping outside should not be a criminal offence. However, laws that criminalise homeless people can include restricting the public areas in which sitting or sleeping are allowed.
Laws that criminalise homeless people can also include forbidding loitering or making it illegal to sit on a sidewalk.
Developing positive partnerships, not punitive ones, is essential in ending homelessness. Communities can work with homeless people to brainstorm solutions that work for everyone. For example, under the Homeless Reduction Act 2017, unhoused persons should be able to access assistance from their council.
