The Homeless Bill of Rights (also Homeless Person's Bill of Rights and Acts of Living bill) refers to legislation protecting the civil and human rights of homeless people. These laws affirm that homeless people have equal rights to medical care, free speech, free movement, voting, opportunities for employment, and privacy. Legislation of this type has become law inRhode Island, Connecticut and Illinois and is under consideration by several other U.S. states.
Controversy over Legislation Affecting the Homeless[edit]Main article: Anti-homelessness legislation
The "Beds Not Bars" slogan suggests that society must help homeless people instead of outlawing their behavior.
Skid Row in Los Angeles is sometimes mentioned as an area that would deteriorate if homelessness was not regulated
At issue in homeless bills of rights are local codes that outlaw loitering, vagrancy, sitting or lying on the sidewalk, begging, eating in public, and other behaviors. These codes disproportionately affect homeless people.[1]
The National Law Center on Homelessness and Poverty concludes its report on the "criminalization of homelessness" with an exhortation to change the laws:[1]
Laws that criminalize visible homelessness are immoral and offend our basic human instincts. They are contrary to the fundamental religious and political principals from which the American people seek guidance, and their existence demonstrates that we have fallen vastly short of our religious and foundational aspirations.
Business interests, represented by the California Chamber of Commerce, have called Assemblymember Tom Ammiano's Homeless Person's Bill of Rights [2] a "job killer" which would create "costly and unreasonable mandates on employers."[3]Some municipalities and local politicians also oppose the laws, which impose state authority to overturn local regulations. San Francisco Supervisor Scott Wiener commented:[4]
Our local laws against forming encampments, passing out and blocking sidewalks, and otherwise monopolizing public spaces would be wiped off the books. Think we have a street behavior problem now? Just wait until this passes.
The Los Angeles Times suggested in an editorial that the Homeless Bill of Rights does not go far enough unless accompanied by economic resources allocated to provide housing.[5] Joel John Roberts, CEO of People Assisting the Homeless, argued similarly that the Homeless Bill of Rights may be toothless and even enabling. Roberts writes:[6]
There needs to be a balance between criminalizing homelessness with ordinances that persecute people who are forced to live on the street, and giving those same people the right to do whatever they want without any consequences.... A more powerful Bill of Rights for people who are homeless, however, would consist of one simple right: the right to housing.
Legislation in the United States[edit]The idea of a "Homeless Bill of Rights" has been discussed periodically in the U.S., and was presented formally by a group of New York City ministers on Martin Luther King, Jr. Day, 1992.[7] City Councilperson Peter Vallone introduced several versions of such a Bill in 1998, despite strong opposition from Mayor Rudy Giuliani.[8]
Puerto Rico and some states have passed laws adding homeless people to their lists of groups protected against hate crimes.[9]
Rhode Island[edit]Rhode Island was the first state in the U.S. to pass a "Homeless Bill of Rights". John Joyce, who was homeless for a period in his life, is responsible for the initial introduction of the bill. The Rhode Island law, S-2052, was ratified in the state of Rhode Island on June 21, 2012 and signed into law by Governor Lincoln Chafee on June 27.[10] It amends the Rhode Island Fair Housing Act with wording intended to protect the rights of homeless people and prevent discrimination against them. It is the first U.S. state-level law designed to protect the rights of homeless people.
[show]Excerpt from Rhode Island bill S-2052
The well-established Rhode Island Coalition for the Homeless (and a newer subgroup called Rhode Island Homeless Advocacy Project) collaborated with the more radical Occupy Providence group to lobby successfully for the Bill.[11][12]
The law does not guarantee positive rights such as housing or food, and some homeless advocates are concerned that it has not had enough impact.[13]
Connecticut[edit]On June 5, the Connecticut Assembly passed a Homeless Bill of Rights (SB 896) with seven protections similar to those passed in Rhode Island. Pending signature by Governor Dan Malloy, the bill would take effect on October 1, 2013. The Connecticut law significantly includes freedom from police harassment in its first section.[14]
[show]Excerpt from Connecticut bill SB 896
Illinois[edit]On August 22, 2013 Illinois became the second state to adopt a homeless bill of rights. [15]
[show]Excerpt from Illinois bill SB 1210
California[edit]State Assemblymember Tom Ammiano (D-San Francisco) introduced a Homeless Person's Bill of Rights[2] to the California Assembly in December 2012.[16] In May 2013, the Appropriations Committee postponed debate until January 2014.[4] Assemblymember Ammiano said in a statement that his bill was suspended largely because of the costs of setting up new infrastructure and enforcing the new rules.[4] A report by the Chair of the Assembly Appropriations Committee estimates that setting up hygiene centers across the state would cost $216 million, with ongoing operating costs of $81 million annually.[2] The report also estimates that setting up facilities for annual law enforcement reports would cost $8.2 million, with ongoing operating costs of $4.1 million annually.[2] Without providing estimates, the report notes that other costs, some potentially significant, include those associated with the right to counsel conferred to the homeless for defending against infractions, and those associated with defending against lawsuits brought against cities by the homeless alleging violations of rights conveyed under the bill. [2]
H.O.M.E. of Daytona Beach's Drafted Bill of Rights
PROPOSED
HOMELESS PERSON’S BILL OF RIGHTS AND FAIRNESS ORDINANCE
Preamble
This Ordinance would enact the Homeless Person’s Bill of Rights and Fairness, which would
provide that no person’s rights, privileges, or access to public services may be denied or abridged due
to the fact that he or she is experiencing homelessness.
SECTION 1.
A person experiencing homelessness has the same rights and privileges as any other person resident
including, but not limited to, the following:
1. The right to use and move freely in public spaces including, but not limited to, public sidewalks, parks,
and transportation;
2. The right to equal treatment by all county and municipal agencies, including all law enforcement
agencies, without discrimination on the basis of housing status;
3. The right not to face discrimination while seeking or maintaining employment due to his or her lack of
a permanent mailing address, or his or her mailing address being that of a homeless shelter or social
service provider;
4. The right to emergency medical care free from discrimination based on his or her housing status;
5. The right to vote, register to vote, and receive documentation necessary to prove identity for voting
without discrimination due to his or her housing status;
6. The right to a reasonable expectation of privacy of his or her personal property to the same extent as
personal property in a permanent residence;
7. The right to lodge a formal complaint against any employee of county or municipal agency without
fear of retaliation;
8. The right to protection from disclosure of his or her records and information provided to homeless
shelters and service providers to county, municipal, and private entities without appropriate legal
authority; the right to confidentiality of personal records and information in accordance with all limitations
on disclosure established by the Federal Homeless Management Information Systems, Federal Health
Insurance Portability and Accountability Act, and Federal Violence against Women Act.
Section 2
A notice entitled "HOMELESS PERSON’S BILL OF RIGHTS" containing the text in Section 1 of this
Ordinance will be conspicuously posted in all public parks and on the notice boards of all municipal
buildings. The notice will also be required to be conspicuously posted in any business within the county
limits beside any sign and poster relating in anyway to homelessness including but not limited to
trespassing, loitering, or panhandling.
Section 3
This Ordinance shall apply to county and municipal agencies and employees as well as private actors.
Section 4
To ensure equitable and costeffective enforcement of the Homeless Person’s Bill of Rights and
Fairness Ordinance every local law enforcement agency shall annually compile and review the number
of citations, arrests, and other enforcement activities made pursuant to laws prohibiting the following:
1. Obstructing a sidewalk, whether by a person or personal property;
2. Loitering;
3. Sitting;
4. Lying down;
5. Camping;
6. Public lodging;
7. Sleeping in a public place;
8. Soliciting donations;
9. Soliciting donations at certain restricted locations, including citing people for panhandling;
10. Bathing in public places;
11. Sharing or receiving food;
12. Inhabiting or sleeping in a vehicle;
13. Violating public park closure laws;
14. Trespassing, unless the trespassing charge is coupled with any other misdemeanor or felony.
Section 5
In any civil action alleging a violation of this Ordinance, the court may award appropriate injunctive and
declaratory relief, actual damages, and reasonable attorney’s fees and costs to a prevailing plaintiff.
Section 6
For the purposes of this Ordinance, “homeless” means lacking a fixed, regular, and adequate nighttime
residence, or having a primary nighttime residence in a shelter, on the street, in a vehicle, in an
enclosure or structure that is not authorized or fit for human habitation, substandard apartments,
dwellings, doubled up temporarily with friends or families, staying in transitional housing programs,
staying anywhere without tenancy rights, or staying with one or more children of whom they are the
parent or legal guardian in a residential hotel whether or not they have tenancy rights.
Controversy over Legislation Affecting the Homeless[edit]Main article: Anti-homelessness legislation
The "Beds Not Bars" slogan suggests that society must help homeless people instead of outlawing their behavior.
Skid Row in Los Angeles is sometimes mentioned as an area that would deteriorate if homelessness was not regulated
At issue in homeless bills of rights are local codes that outlaw loitering, vagrancy, sitting or lying on the sidewalk, begging, eating in public, and other behaviors. These codes disproportionately affect homeless people.[1]
The National Law Center on Homelessness and Poverty concludes its report on the "criminalization of homelessness" with an exhortation to change the laws:[1]
Laws that criminalize visible homelessness are immoral and offend our basic human instincts. They are contrary to the fundamental religious and political principals from which the American people seek guidance, and their existence demonstrates that we have fallen vastly short of our religious and foundational aspirations.
Business interests, represented by the California Chamber of Commerce, have called Assemblymember Tom Ammiano's Homeless Person's Bill of Rights [2] a "job killer" which would create "costly and unreasonable mandates on employers."[3]Some municipalities and local politicians also oppose the laws, which impose state authority to overturn local regulations. San Francisco Supervisor Scott Wiener commented:[4]
Our local laws against forming encampments, passing out and blocking sidewalks, and otherwise monopolizing public spaces would be wiped off the books. Think we have a street behavior problem now? Just wait until this passes.
The Los Angeles Times suggested in an editorial that the Homeless Bill of Rights does not go far enough unless accompanied by economic resources allocated to provide housing.[5] Joel John Roberts, CEO of People Assisting the Homeless, argued similarly that the Homeless Bill of Rights may be toothless and even enabling. Roberts writes:[6]
There needs to be a balance between criminalizing homelessness with ordinances that persecute people who are forced to live on the street, and giving those same people the right to do whatever they want without any consequences.... A more powerful Bill of Rights for people who are homeless, however, would consist of one simple right: the right to housing.
Legislation in the United States[edit]The idea of a "Homeless Bill of Rights" has been discussed periodically in the U.S., and was presented formally by a group of New York City ministers on Martin Luther King, Jr. Day, 1992.[7] City Councilperson Peter Vallone introduced several versions of such a Bill in 1998, despite strong opposition from Mayor Rudy Giuliani.[8]
Puerto Rico and some states have passed laws adding homeless people to their lists of groups protected against hate crimes.[9]
Rhode Island[edit]Rhode Island was the first state in the U.S. to pass a "Homeless Bill of Rights". John Joyce, who was homeless for a period in his life, is responsible for the initial introduction of the bill. The Rhode Island law, S-2052, was ratified in the state of Rhode Island on June 21, 2012 and signed into law by Governor Lincoln Chafee on June 27.[10] It amends the Rhode Island Fair Housing Act with wording intended to protect the rights of homeless people and prevent discrimination against them. It is the first U.S. state-level law designed to protect the rights of homeless people.
[show]Excerpt from Rhode Island bill S-2052
The well-established Rhode Island Coalition for the Homeless (and a newer subgroup called Rhode Island Homeless Advocacy Project) collaborated with the more radical Occupy Providence group to lobby successfully for the Bill.[11][12]
The law does not guarantee positive rights such as housing or food, and some homeless advocates are concerned that it has not had enough impact.[13]
Connecticut[edit]On June 5, the Connecticut Assembly passed a Homeless Bill of Rights (SB 896) with seven protections similar to those passed in Rhode Island. Pending signature by Governor Dan Malloy, the bill would take effect on October 1, 2013. The Connecticut law significantly includes freedom from police harassment in its first section.[14]
[show]Excerpt from Connecticut bill SB 896
Illinois[edit]On August 22, 2013 Illinois became the second state to adopt a homeless bill of rights. [15]
[show]Excerpt from Illinois bill SB 1210
California[edit]State Assemblymember Tom Ammiano (D-San Francisco) introduced a Homeless Person's Bill of Rights[2] to the California Assembly in December 2012.[16] In May 2013, the Appropriations Committee postponed debate until January 2014.[4] Assemblymember Ammiano said in a statement that his bill was suspended largely because of the costs of setting up new infrastructure and enforcing the new rules.[4] A report by the Chair of the Assembly Appropriations Committee estimates that setting up hygiene centers across the state would cost $216 million, with ongoing operating costs of $81 million annually.[2] The report also estimates that setting up facilities for annual law enforcement reports would cost $8.2 million, with ongoing operating costs of $4.1 million annually.[2] Without providing estimates, the report notes that other costs, some potentially significant, include those associated with the right to counsel conferred to the homeless for defending against infractions, and those associated with defending against lawsuits brought against cities by the homeless alleging violations of rights conveyed under the bill. [2]
H.O.M.E. of Daytona Beach's Drafted Bill of Rights
PROPOSED
HOMELESS PERSON’S BILL OF RIGHTS AND FAIRNESS ORDINANCE
Preamble
This Ordinance would enact the Homeless Person’s Bill of Rights and Fairness, which would
provide that no person’s rights, privileges, or access to public services may be denied or abridged due
to the fact that he or she is experiencing homelessness.
SECTION 1.
A person experiencing homelessness has the same rights and privileges as any other person resident
including, but not limited to, the following:
1. The right to use and move freely in public spaces including, but not limited to, public sidewalks, parks,
and transportation;
2. The right to equal treatment by all county and municipal agencies, including all law enforcement
agencies, without discrimination on the basis of housing status;
3. The right not to face discrimination while seeking or maintaining employment due to his or her lack of
a permanent mailing address, or his or her mailing address being that of a homeless shelter or social
service provider;
4. The right to emergency medical care free from discrimination based on his or her housing status;
5. The right to vote, register to vote, and receive documentation necessary to prove identity for voting
without discrimination due to his or her housing status;
6. The right to a reasonable expectation of privacy of his or her personal property to the same extent as
personal property in a permanent residence;
7. The right to lodge a formal complaint against any employee of county or municipal agency without
fear of retaliation;
8. The right to protection from disclosure of his or her records and information provided to homeless
shelters and service providers to county, municipal, and private entities without appropriate legal
authority; the right to confidentiality of personal records and information in accordance with all limitations
on disclosure established by the Federal Homeless Management Information Systems, Federal Health
Insurance Portability and Accountability Act, and Federal Violence against Women Act.
Section 2
A notice entitled "HOMELESS PERSON’S BILL OF RIGHTS" containing the text in Section 1 of this
Ordinance will be conspicuously posted in all public parks and on the notice boards of all municipal
buildings. The notice will also be required to be conspicuously posted in any business within the county
limits beside any sign and poster relating in anyway to homelessness including but not limited to
trespassing, loitering, or panhandling.
Section 3
This Ordinance shall apply to county and municipal agencies and employees as well as private actors.
Section 4
To ensure equitable and costeffective enforcement of the Homeless Person’s Bill of Rights and
Fairness Ordinance every local law enforcement agency shall annually compile and review the number
of citations, arrests, and other enforcement activities made pursuant to laws prohibiting the following:
1. Obstructing a sidewalk, whether by a person or personal property;
2. Loitering;
3. Sitting;
4. Lying down;
5. Camping;
6. Public lodging;
7. Sleeping in a public place;
8. Soliciting donations;
9. Soliciting donations at certain restricted locations, including citing people for panhandling;
10. Bathing in public places;
11. Sharing or receiving food;
12. Inhabiting or sleeping in a vehicle;
13. Violating public park closure laws;
14. Trespassing, unless the trespassing charge is coupled with any other misdemeanor or felony.
Section 5
In any civil action alleging a violation of this Ordinance, the court may award appropriate injunctive and
declaratory relief, actual damages, and reasonable attorney’s fees and costs to a prevailing plaintiff.
Section 6
For the purposes of this Ordinance, “homeless” means lacking a fixed, regular, and adequate nighttime
residence, or having a primary nighttime residence in a shelter, on the street, in a vehicle, in an
enclosure or structure that is not authorized or fit for human habitation, substandard apartments,
dwellings, doubled up temporarily with friends or families, staying in transitional housing programs,
staying anywhere without tenancy rights, or staying with one or more children of whom they are the
parent or legal guardian in a residential hotel whether or not they have tenancy rights.
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