Gavin Howe
Homeless people are often forced to break laws such as those forbidding loitering or sitting on a sidewalk, simply because they have nowhere else to go. This can lead to tensions between the homeless community and the rest of the community, who may call the police. The police, in turn, are left to shuffle homeless people from place to place, which can cause trauma to those who are already vulnerable. The criminalisation of homelessness has been criticised as an unsuitable, inefficient, and costly approach to addressing social issues, and there have been calls to repeal vagrancy laws and legislation penalising life-sustaining activities in public spaces, such as sleeping and eating.
| Characteristics | Values |
|---|---|
| Sleeping outside | Criminalised in some areas |
| Loitering | Criminalised in some areas |
| Sitting on a sidewalk | Criminalised in some areas |
| Begging | Criminalised in some areas |
| Undertaking informal economic activities in public spaces | Criminalised in some areas |
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What You'll Learn
Criminalisation of homelessness and poverty
Homeless people are often forced to break laws due to the criminalisation of homelessness and poverty. This refers to laws that make it illegal for people to engage in life-sustaining activities in public spaces, such as sleeping, eating, or begging. For example, in some areas, it is illegal to loiter or sit on a sidewalk. When a person is homeless, where else are they supposed to go?
The criminalisation of homelessness and poverty is a widespread issue, particularly in areas with high rates of homelessness. It creates conflict between local officials, the police, and homeless people, and perpetuates historical legacies of discrimination and exclusion. It also entrenches discrimination and stigmatisation, making it an unsuitable, inefficient, and costly approach to addressing social issues.
A joint study by the Special Rapporteur on the right to adequate housing, Balakrishnan Rajagopal, and the Special Rapporteur on extreme poverty and human rights, Olivier De Schutter, argues that the criminalisation of homelessness and poverty may violate a wide range of human rights. The study calls on states and local governments to repeal vagrancy laws and legislation that penalises life-sustaining activities in public spaces.
In the United States, the issue of criminalisation has been taken up by the U.S. Court of Appeals for the 9th Circuit, which ruled that sleeping outside should not be a criminal offence if people have no other options. The Supreme Court was asked to take up the case, but a group of homeless and formerly homeless people in Boise filed a brief asking the Supreme Court to decline, arguing that the lower court's decision was narrowly limited to a specific set of facts and was unlikely to create terrible impacts if followed by all cities.
Communities can play a crucial role in ending homelessness by working together and developing positive partnerships, rather than punitive ones. This includes working with homeless people to brainstorm solutions that work for everyone.
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Conflict between local officials, the police, and homeless people
The police are often called by frustrated community members, which results in tensions between the police and homeless people. The police do not have the tools to solve the problem, and so they end up moving homeless people from place to place, which is expensive for local taxpayers and causes further trauma for homeless people.
The criminalisation of homelessness perpetuates historical legacies of discrimination and exclusion, and entrenches stigmatisation. It is an unsuitable, inefficient, and costly approach to addressing social issues.
Developing positive partnerships, rather than punitive ones, is essential to ending homelessness. The entire community working together is a key ingredient to success.
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Laws forbidding loitering
Loitering is legally defined as lingering or "hanging around" in a public place for an extended amount of time, with no apparent reason. Each jurisdiction that has considered loitering to be illegal has its own laws specifying how long a person may "hang around" before it is considered to be "too long".
Loitering laws are often used to arrest homeless people. When a person is unsheltered, where else are they supposed to go? This creates conflict between local officials, the police, and homeless people.
In 2024, a joint study by the Special Rapporteur on the right to adequate housing, Balakrishnan Rajagopal, and the Special Rapporteur on extreme poverty and human rights, Olivier De Schutter, called on states and local governments to repeal vagrancy laws and legislation penalising life-sustaining activities in public spaces, such as sleeping, eating, begging or undertaking informal economic activities.
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Laws making it illegal to sit on a sidewalk
In many areas with high rates of homelessness, laws have been passed that criminalise homelessness, including making it illegal to sit on a sidewalk. This is the case in more than half of US cities, where anti-homeless laws are becoming increasingly common. For example, in 2018, Durango, Colorado, approved an ordinance that made it illegal to sit or lie down on downtown sidewalks, curbs, or other public areas.
These laws are often defended as safety measures, to improve the atmosphere of an area, or to reduce hazards for pedestrians and vehicles. However, critics argue that criminalising homelessness is an ineffective approach that does nothing to address the underlying causes of homelessness. Instead, it simply traps homeless people in a cycle of criminalisation. For example, a homeless person may be fined for sitting on a sidewalk, but if they cannot pay the fine, they will be forced to break the law again to try to raise the money, or go to jail.
The criminalisation of homelessness has also been criticised for violating human rights and perpetuating historical legacies of discrimination and exclusion. In 2024, a joint study by the Special Rapporteur on the right to adequate housing and the Special Rapporteur on extreme poverty and human rights called for an end to the criminalisation of homelessness and poverty, arguing that it is an unsuitable, inefficient, and costly approach to addressing social issues.
In 2019, the U.S. Court of Appeals for the 9th Circuit ruled that sleeping outside should not be a criminal offence if people have no other options. However, this ruling is currently under review by the Supreme Court, and the outcome of the case will have implications for how people experiencing homelessness are treated by law enforcement, government officials, and communities nationwide.
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Laws penalising life-sustaining activities in public spaces
Homeless people are often forced to break laws simply to survive. Laws that criminalise homelessness and poverty are widespread in areas with high rates of homelessness, and include prohibitions on loitering or sitting on a sidewalk. These laws are often enforced by police, who are called by frustrated community members. This creates conflict between the police, local officials, and homeless people, and perpetuates a cycle of trauma and discrimination.
The criminalisation of homelessness is a violation of human rights, as it penalises life-sustaining activities in public spaces, such as sleeping, eating, and begging. In some cases, even undertaking informal economic activities in public spaces can be illegal. This approach is inefficient and costly, and does nothing to address the root causes of social issues.
In the US, the Court of Appeals for the 9th Circuit ruled that sleeping outside should not be a criminal offence if people have no other options. This ruling has important implications for how homeless people are treated by law enforcement, government officials, and communities nationwide. However, as of 2021, the Supreme Court was yet to decide whether to take up the case, leaving communities to work with homeless people to find solutions that work for everyone.
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Frequently asked questions
Homeless people are often forced to break the law because of laws that criminalise homelessness, such as those forbidding loitering or sitting on a sidewalk.
Examples of laws that criminalise homelessness include those forbidding loitering, sitting on a sidewalk, sleeping outside, begging, and undertaking informal economic activities in public spaces.
These laws perpetuate historical legacies of discrimination and exclusion, entrench discrimination and stigmatisation, and are an unsuitable, inefficient, and costly approach to addressing social issues.
Developing positive partnerships, not punitive ones, is essential in ending homelessness. Communities should work together with homeless people to brainstorm solutions that work for everyone, rather than relying on criminalisation and punitive measures.
These laws have created conflict between local officials, the police, and homeless people. They have also resulted in tensions between homeless people and the rest of the community.
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