For people experiencing homelessness, the basic activities necessary for survival—sleeping, sitting, storing belongings, or seeking food and income—are increasingly regulated and criminalized through local ordinances and enforcement practices. This criminalization of survival activities effectively makes homelessness itself illegal in many communities, creating a cycle of citations, fines, arrests, and incarceration that makes it even more difficult to exit homelessness.
The Scope of Criminalization
Criminalization of homelessness takes many forms, targeting various survival activities:
Common Anti-Homeless Laws
- Sleeping bans: Prohibitions on sleeping in public places, vehicles, or outdoors
- Camping bans: Restrictions on using tents, tarps, or other temporary shelter
- Sitting/lying prohibitions: Bans on sitting or lying on sidewalks or in public spaces
- Loitering laws: Restrictions on remaining in one place without an "apparent purpose"
- Food sharing restrictions: Limitations on distributing food in public places
- Panhandling bans: Prohibitions on asking for money or assistance
- Property storage laws: Restrictions on storing personal belongings in public
- Public hygiene ordinances: Criminalization of urination or defecation in public, despite lack of public restrooms
The Growth of Criminalization
Research shows a significant increase in laws criminalizing homelessness in recent decades:
- Citywide camping bans increased by 92% between 2006 and 2019
- Laws prohibiting sleeping in public increased by 50% during the same period
- Bans on sitting or lying down increased by 78%
- Vehicle residence restrictions increased by 213%
- These increases occurred despite growing evidence that criminalization is ineffective and costly
The Impossible Situation
When communities lack sufficient shelter beds but enforce anti-camping ordinances, people experiencing homelessness face an impossible situation: they cannot legally sleep anywhere. This creates a condition where simply existing without housing becomes effectively illegal.
Enforcement Practices
Beyond formal laws, enforcement practices significantly impact people experiencing homelessness:
Direct Enforcement
- Citations and tickets: Financial penalties for violations of anti-homeless ordinances
- Arrests: Criminal charges for repeated violations or failure to pay citations
- Incarceration: Jail time resulting from arrests or failure to appear in court
- Move-along orders: Informal directives to leave public spaces without formal citation
- Selective enforcement: Applying general laws (like jaywalking or open container) primarily to homeless individuals
Indirect Enforcement
- Encampment sweeps: Forced removal of homeless encampments, often resulting in property loss
- Hostile architecture: Design features like bench dividers, spikes, or boulders to prevent sitting or lying down
- Public space restrictions: Closing parks at night or limiting access to public areas
- Private security: Businesses employing security to remove homeless individuals from areas
- Environmental modifications: Removing public restrooms, water fountains, or other amenities
Property Confiscation
- Seizure of tents, sleeping bags, and survival gear during encampment sweeps
- Disposal of personal belongings deemed "abandoned"
- Inadequate storage options for retrieved property
- Loss of essential items like medications, identification documents, and irreplaceable personal items
The Impact on Daily Life
Criminalization creates numerous challenges for people experiencing homelessness:
Constant Displacement
- Perpetual movement: Being forced to constantly relocate to avoid enforcement
- Sleep deprivation: Disrupted sleep from fear of citation or arrest
- Service disconnection: Difficulty maintaining contact with service providers
- Community disruption: Breaking of supportive relationships and mutual aid networks
- Increased isolation: Movement to more remote, often more dangerous locations
Legal Entanglement
- Accumulating fines: Unpayable financial penalties that grow with interest and late fees
- Warrant cycles: Failure to appear or pay leading to arrest warrants
- Criminal records: Development of criminal history that creates barriers to housing and employment
- Court appearances: Time-consuming legal obligations that interfere with other activities
- Probation requirements: Conditions that may be impossible to meet while homeless
Psychological Impact
- Constant stress: Hypervigilance about potential enforcement
- Trauma: Traumatic experiences during arrests or encampment sweeps
- Shame and stigma: Internalized criminalization
- Distrust of authorities: Reduced willingness to engage with any official systems
- Hopelessness: Feeling trapped in an inescapable cycle
The Citation Cycle
A person experiencing homelessness might receive a citation for sleeping in a park. Unable to pay the fine, they miss the court date because they have no way to receive mail notifications. A warrant is issued, leading to arrest during a later police encounter. After release, they now have a criminal record that makes it even harder to secure housing or employment, perpetuating their homelessness.
The Legal Context
The legal landscape around criminalization of homelessness continues to evolve:
Constitutional Challenges
- Eighth Amendment arguments: Cruel and unusual punishment to criminalize unavoidable status
- First Amendment challenges: Free speech protections for panhandling
- Fourth Amendment issues: Unreasonable seizure of property during sweeps
- Due process concerns: Inadequate notice and opportunity to retrieve possessions
- Equal protection questions: Selective enforcement against homeless individuals
Key Court Decisions
- Martin v. Boise (2018): Ninth Circuit ruling that cities cannot enforce anti-camping ordinances if they do not have enough shelter beds for their homeless population
- Reed v. Town of Gilbert (2015): Supreme Court decision affecting panhandling restrictions
- Lavan v. City of Los Angeles (2012): Ruling protecting property rights of homeless individuals
- Jones v. City of Los Angeles (2006): Earlier case establishing that criminalizing sleeping in public when no alternatives exist is unconstitutional
Federal Policy Position
- U.S. Department of Justice has filed statements of interest in cases challenging criminalization
- U.S. Interagency Council on Homelessness opposes criminalization as ineffective and potentially unconstitutional
- HUD grant applications consider criminalization measures in funding decisions
Despite these legal challenges, many communities continue to implement and enforce laws that criminalize homelessness.
The Ineffectiveness of Criminalization
Research consistently shows that criminalization approaches fail to reduce homelessness:
Failure to Address Root Causes
- Criminalization does not create housing or increase affordability
- Enforcement does not address underlying causes like poverty, health issues, or lack of support
- Moving people from one location to another does not reduce overall homelessness
Creation of New Barriers
- Criminal records make it harder to qualify for housing
- Fines drain limited financial resources
- Incarceration disrupts service connections and employment
- Property loss requires replacing essential items
High Costs to Communities
- Law enforcement costs for addressing non-violent code violations
- Court system expenses for processing citations
- Jail costs that far exceed housing program expenses
- Emergency service costs that increase with displacement
The Cost Comparison
A study in San Francisco found that each citation for a "quality of life" offense cost the city approximately $20,000 when accounting for police time, court proceedings, and incarceration costs. In contrast, providing permanent supportive housing costs approximately $20,000 per person annually and actually resolves homelessness rather than perpetuating it.
Survival Strategies
People experiencing homelessness develop various strategies to navigate criminalization:
Avoidance Tactics
- Invisibility efforts: Finding hidden locations to sleep and exist
- Temporal adjustments: Sleeping during day when enforcement is less likely
- Constant movement: Staying mobile to avoid detection
- Dispersed camping: Avoiding group encampments that attract attention
- Early warning systems: Community alerts about enforcement activities
Legal Navigation
- Know Your Rights education: Learning about legal protections
- Citation defense: Working with legal aid to address tickets
- Documentation: Recording interactions with authorities
- Advocacy partnerships: Connecting with organizations challenging criminalization
Community Responses
- Mutual aid: Sharing resources and protection
- Organized encampments: Self-governed communities that maintain standards
- Collective advocacy: Group efforts to challenge harmful policies
- Alternative service models: Community-based supports outside official systems
While these strategies help individuals survive, they often come at the cost of increased hardship, isolation, and barriers to accessing services.
Alternative Approaches
More effective alternatives to criminalization exist:
Housing-Focused Solutions
- Housing First programs: Immediate access to permanent housing without preconditions
- Rapid re-housing: Quick placement into housing with temporary support
- Permanent supportive housing: Long-term housing with services for those with complex needs
- Affordable housing development: Increasing overall housing supply and affordability
Constructive Engagement
- Outreach teams: Non-law enforcement personnel connecting people to services
- Homeless court programs: Specialized courts addressing citations through service connection
- Diversion programs: Alternatives to arrest and incarceration
- Service coordination: Integrated approaches to meeting multiple needs
Harm Reduction Approaches
- Public hygiene facilities: 24-hour restrooms, showers, and laundry facilities
- Safe parking programs: Designated areas for people living in vehicles
- Sanctioned encampments: Designated areas with basic services and stability
- Storage programs: Secure places for people to store belongings
Promising Model: CAHOOTS (Crisis Assistance Helping Out On The Streets)
In Eugene, Oregon, the CAHOOTS program dispatches teams of medics and crisis workers instead of police to non-violent situations involving mental health, homelessness, and addiction. The program handles about 20% of 911 calls, saves the city millions in public safety costs, and provides more appropriate responses to behavioral health crises and homelessness-related calls.
Advocacy and Change
Efforts to address criminalization include:
Legal Advocacy
- Constitutional challenges to anti-homeless ordinances
- Class action lawsuits regarding property seizures
- Defense representation for individual citations
- Policy advocacy for citation amnesty and record clearing
Community Organizing
- Coalition-building between housed and unhoused community members
- Public education about the ineffectiveness of criminalization
- Direct action to prevent encampment sweeps
- Documentation and monitoring of enforcement practices
Policy Reform
- Homeless Bill of Rights legislation
- Repeal of anti-homeless ordinances
- Implementation of constructive alternatives
- Reallocation of resources from enforcement to services and housing
Conclusion
The criminalization of survival activities represents one of the most counterproductive approaches to addressing homelessness. By making it illegal to perform the basic activities necessary for survival without providing adequate alternatives, criminalization creates additional barriers for people already struggling with housing instability.
Research consistently shows that criminalization is ineffective at reducing homelessness, costly to communities, and harmful to individuals. More constructive approaches—focused on housing, services, and addressing root causes—have proven more effective both in reducing visible homelessness and in supporting long-term stability for people experiencing homelessness.
Moving beyond criminalization requires recognizing that homelessness is fundamentally a housing and economic issue, not a criminal justice issue. By implementing evidence-based alternatives and addressing the underlying causes of homelessness, communities can develop more effective, humane responses that actually reduce homelessness rather than simply making it less visible.
Key Takeaway
Criminalizing the basic activities necessary for survival when homeless—sleeping, sitting, storing belongings, or seeking food and income—creates additional barriers to exiting homelessness while failing to address its root causes. More effective approaches focus on housing, services, and constructive engagement rather than enforcement and punishment.
References & Further Reading
- National Law Center on Homelessness & Poverty. "Housing Not Handcuffs 2019: Ending the Criminalization of Homelessness in U.S. Cities." NLCHP, 2019. https://homelesslaw.org/wp-content/uploads/2019/12/HOUSING-NOT-HANDCUFFS-2019-FINAL.pdf
- Martin v. City of Boise, 920 F.3d 584 (9th Cir. 2019). United States Court of Appeals for the Ninth Circuit. https://law.justia.com/cases/federal/appellate-courts/ca9/15-35845/15-35845-2019-04-01.html
- Lavan v. City of Los Angeles, 693 F.3d 1022 (9th Cir. 2012). United States Court of Appeals for the Ninth Circuit. https://law.justia.com/cases/federal/appellate-courts/ca9/11-56253/11-56253-2012-09-05.html
- U.S. Interagency Council on Homelessness. "Searching Out Solutions: Constructive Alternatives to the Criminalization of Homelessness." USICH, 2012. https://www.usich.gov/tools-for-action/searching-out-solutions
- White Bird Clinic. "CAHOOTS: Crisis Assistance Helping Out On The Streets." White Bird Clinic, 2023. https://whitebirdclinic.org/cahoots/
- National Homelessness Law Center. "Tent City, USA: The Growth of America's Homeless Encampments and How Communities Are Responding." NHLC, 2017. https://homelesslaw.org/wp-content/uploads/2018/10/Tent_City_USA_2017.pdf
- American Civil Liberties Union. "Decriminalizing Homelessness: Why Right to Rest Legislation Is the High Road." ACLU, 2021. https://www.aclu.org/issues/poverty/criminalization-homelessness
- Herring, Chris, Dilara Yarbrough, and Lisa Marie Alatorre. "Pervasive Penality: How the Criminalization of Poverty Perpetuates Homelessness." Social Problems, vol. 67, no. 1, 2020, pp. 131-149. https://doi.org/10.1093/socpro/spz004