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Author(s):
Maria Foscarinis, NLCHP, and Richard Herz
Published on:December 01, 1995
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The Criminalization of Homelessness

An Overview of Litigation Theories and Strategies

A growing number of cities have adopted anti-homeless policies that include restrictions on begging and use of public space, enacting police sweeps to remove homeless people from certain areas, selective enforcement of laws against homeless people, and restrictions on service providers who aid the homeless population.

At the same time cities are enacting these laws, they are reducing resources available to aid homeless people.

This article explains recent case law that resulted from suits challenging anti-homeless laws and policies, specifically policies related to panhandling, performing necessary behaviors in public places or simply sitting in certain areas. It also discusses both litigation and non-litigation strategies to prevent or reverse the passage of such policies.



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