Is the Rigorous Enforcement of Anti-Nuisance Laws a Good Idea?

No.

Across the country, cities are enacting anti-nuisance laws to target disorder on their streets. While using these laws to combat gang violence may be important, they are increasingly used to target the homeless and punish them for their involuntary status as homeless people.

City officials claim that their practice of arresting individuals for sitting or sleeping on the sidewalk, panhandling, or staying in public parks helps homeless people because it forces them to become self-sufficient. Law enforcement officials argue that enforcing anti-nuisance policies combats more serious crime. However, these arguments treat crime and poverty as if it were the same thing.

This article argues that criminalizing homelessness is wrong, potentially unconstitutional, poor policy, and fiscally senseless in addressing homelessness or serious crime. The article article recommends that cities devote their resources to address the causes of homelessness rather than punish it.

*This document also includes the counter-argument, Is the Rigorous Enforcement of Anti-Nuisance Laws a Good Idea? Yes, by Catherine Coles and George Kelling.

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