Sam Paler-Ponce, Associate Director of City Policy
Across the United States, laws and policies continue to criminalize homelessness, penalizing individuals for acts of survival. The recent Supreme Court ruling in Johnson v. Grants Pass—which allows cities to fine or arrest people for sleeping outdoors, even when they have nowhere else to go—highlights the urgent need for local governments to uphold the dignity and rights of people experiencing homelessness.
On Friday, April 4, CCH staff, coalition members, and grassroots leaders, including Niya Kelly, April Harris, and Dontay Lockett spoke at a Loyola University Chicago School of Law symposium, The Legal Landscape of Homelessness: Rights, Remedies, and Restoring Dignity. Throughout the one-day event, speakers explored the impact of criminalization, discussed legal precedents, and shared solutions that prioritize dignity and human rights.
Background
The 2024 decision in Johnson v. Grants Pass allows cities nationwide to enforce ordinances that penalize and fine people for experiencing homelessness rather than addressing the root causes of the issue.
At the heart of this issue is whether anti-camping ordinances punish someone’s conduct of sleeping outside, or if it punishes someone’s status of homelessness. The Supreme Court argued that this distinction is central to whether anti-homeless (or “anti-camping”) ordinances are unconstitutional.
Advocates argue that conduct cannot be criminalized when it is an unavoidable consequence of being homeless, for example, sitting, lying, or sleeping in public when no other options exist.
“This is a choice that we are making as residents and citizens in allowing our [elected officials] at the local level to make a decision that they have decided that people who are our neighbors are criminals simply for having a pillow…a piece of cardboard, or a blanket,” State Legislative Director Niya Kelly said at the symposium.
Illinois response
This legislative session in Springfield, CCH staff, grassroots leaders, and partners are advocating for HB 1429, a bill that would prevent municipalities from penalizing people for sleeping in public spaces.
“Immediately we saw the ripple effect of what [the Grants Pass decision] did,” Niya said. “Illinois is currently second in the nation for the number of municipalities that have passed anti-homelessness ordinances. We’re only second to California. There are about 27 ordinances that we know about.”
Amending the Bill of Rights for the Homeless Act, HB 1429 would prohibit local units of government from creating or enforcing policies that impose fines or criminal penalties on people experiencing unsheltered homelessness for occupying or engaging in life-sustaining activities on public property.
“We don’t want to punish people for surviving,” State Rep. Kevin John Olickal, the bill’s Chief Sponsor, shared during the symposium’s morning panel. “Unfortunately, it feels like there’s never been less sympathy for people who are struggling with homelessness.”
The bill aims to provide basic protections for those experiencing homelessness, recognizing that it is unjust to punish people who are not blocking the public way or creating hazards and have no viable alternatives. Municipalities should address the lack of available shelter and affordable housing resources in their communities, instead of turning to punitive measures.
This week, 31 CCH staff and grassroots leaders from Chicago and Northern Illinois traveled to Springfield to speak with state legislators and urge them to vote yes on HB 1429, as well as our other legislative priorities. This was the fifth lobby day organized by CCH this legislative session. These trips create opportunities for people with lived experience to speak directly with their representatives, share their personal stories, and ask them to support legislation that would directly impact people like them.
The debate surrounding the criminalization of homelessness is more relevant than ever, as communities across the country are facing a critical moment in determining whether to invest in real solutions or punish people for their circumstances. We hope you’ll join us in our advocacy efforts by emailing or calling your state representative today to ask them to support HB 1429.
