Since a pivotal U.S. Supreme Court ruling last June, more cities across the United States have enacted or tightened restrictions against outdoor sleeping and camping, even in areas with insufficient shelter capacity. While some argue these measures address community safety and aesthetics, others warn they deepen the struggles of those experiencing homelessness.
A Wave of New Ordinances
In the wake of City of Grants Pass v. Johnson, 150 cities across 32 states have adopted or expanded laws targeting outdoor camping. The ruling gave local governments the green light to implement such measures, even in cases where shelter space is unavailable. Data from the National Homelessness Law Center shows another 40 ordinances are pending, signaling a growing trend of criminalizing street homelessness.
The specifics of these laws vary. Many prohibit sleeping, camping, or storing belongings on public property and establish buffer zones around schools, parks, and businesses. Punishments are often severe. In Indio, California, for instance, violators face fines up to $1,000 and six months in jail. Fresno’s law goes even further, banning sitting, lying, or sleeping in public spaces at any time, with penalties that include up to a year in jail. In Elmira, New York, the restrictions extend to sleeping in vehicles.
One sentence reads stark: These ordinances are reshaping how cities manage homelessness but not necessarily solving it.
The Arguments for and Against
Supporters of camping bans argue that visible encampments pose health and safety risks to the broader community. Business owners often cite concerns about declining foot traffic, while residents worry about safety in shared spaces. Proponents believe these laws push cities to maintain public order and offer an incentive for individuals to seek help through available services.
Critics, however, argue the approach is misguided. Samantha Batko, a senior fellow at the Urban Institute, points out the inherent cruelty in making homelessness “so uncomfortable” that people avoid it. “Homelessness is already incredibly uncomfortable,” she said. “Criminalizing it doesn’t solve the problem — it just punishes people, making it harder for them to find housing or jobs.”
Advocates for the unhoused fear this legal trend worsens the cycle of poverty. People with criminal records tied to camping bans face challenges securing employment, renting apartments, or qualifying for assistance. Instead of addressing root causes, opponents argue these measures simply relocate the problem without solving it.
A Closer Look at Shelter Shortages
The enforcement of these laws coincides with a glaring shortage of shelter spaces across much of the country. A recent report by the National Alliance to End Homelessness highlights a 10% increase in unhoused individuals from 2022 to 2024, with shelters in many cities running at capacity.
Some cities attempt to mitigate this gap with temporary solutions, like pop-up shelters or hotel voucher programs. However, these efforts often fail to meet the scale of the need. For example:
- New York City, which has a “right to shelter” law, saw a record-high 110,000 individuals in its system on a single night last October.
- Phoenix, Arizona, despite opening a new shelter in 2023, has reported over 5,000 unsheltered individuals this winter.
The mismatch between shelter availability and enforcement of anti-camping laws leaves many without options. Cities like Denver, Colorado, have acknowledged the dilemma by pausing ticketing during freezing weather.
What’s Next?
With the Supreme Court ruling removing a significant legal hurdle, experts anticipate more cities will introduce similar measures in 2025. However, some advocates are fighting back. The National Homelessness Law Center is tracking lawsuits challenging the constitutionality of these laws, particularly when tied to lack of shelter access.
Still, the debate is far from settled. For every city that bans outdoor camping, the focus on long-term solutions like affordable housing or mental health services remains underwhelming. A December 2024 survey from the Pew Research Center found that only 12% of local governments increased funding for housing services over the past year, despite rising homelessness rates.
These trends underscore a broader question: Is banning homelessness the same as addressing it? Critics say no, pointing to the growing gap between punitive measures and meaningful reforms.
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