Stopping the Criminalization of Homelessness - VP Action NOW

Unconstitutional laws Criminalizing Homeless

A solution will be created in a few days for a plan for the homeless. In the mean time we can stop the criminalization of homeless now by your current VP

A real story from a homeless veteran, Smithson Michael https://www.tiktok.com/t/ZP8dxyJnE/

Microsoft Notes: Cordova for President

THE PROBLEM

Several states in the U.S. are enacting or enforcing laws that effectively criminalize homelessness, focusing on public sleeping, camping, and other behaviors associated with unhoused individuals. In 2023 and 2024, states like Texas, Tennessee, and Missouri have passed or enforced stricter laws that penalize people for camping in public spaces, even though many do not have access to adequate shelter. These laws range from fines to jail time for repeat offenses.

For example, Texas has a statewide ban on public camping that threatens to withhold funding from cities that do not enforce the ban. Tennessee, in 2022, became the first state to criminalize camping on all public property, turning such behavior into a felony. Other states, such as Missouri, have followed with similar measures, including a bill signed in 2022 that restricts sleeping on state-owned land.

These efforts often conflict with federal rulings like the Martin v. Boise decision, which prohibits punishing individuals for sleeping outdoors when no adequate shelter is available. Despite this, some state and local governments continue to push for broader enforcement of anti-homelessness measures, creating a patchwork of laws that criminalize homelessness across the country​(

National Homelessness Law Center

)​(

Time used to be where the sun is

).

Advocates argue that these laws do little to solve the root causes of homelessness and instead create additional barriers to housing and employment for those affected.

A solution People can take

People can take several actions to challenge and fast-track the reversal of unconstitutional laws that criminalize homelessness:

1. Engage in Legal Action

- File Lawsuits: Individuals and advocacy groups can file lawsuits against states or municipalities that enforce laws criminalizing homelessness, especially where such laws violate the Martin v. Boise decision, which makes it unconstitutional to punish people for sleeping outdoors if no shelter is available.

- Support Ongoing Legal Cases: People can support or join existing lawsuits that challenge criminalization, such as the Grants Pass v. Johnson case, by donating to legal defense funds, raising awareness, or providing testimony.

2. Organize Public Advocacy and Protests

- Grassroots Movements: Organize protests, rallies, and sit-ins to bring attention to the issue, calling for an end to the criminalization of homelessness. Public pressure can influence local governments to reconsider harmful policies.

- Petitions and Campaigns: Start or sign petitions urging local and state governments to repeal unconstitutional laws. Pressure lawmakers to draft new legislation focused on housing solutions rather than punitive measures.

- Media Engagement: Use social media, local news outlets, and community forums to raise awareness about the unconstitutional nature of these laws. Increased public visibility can build momentum for policy changes.

3. Advocate for Legislative Change

- Contact Lawmakers: Constituents can write letters, send emails, or call their local, state, and federal representatives, urging them to oppose criminalization laws and introduce protective legislation that aligns with constitutional rights.

- Work with Advocacy Groups: Partner with national and local organizations like the National Coalition for the Homeless or the American Civil Liberties Union (ACLU), which have experience in lobbying for legislative reforms.

4. Promote Direct Action Initiatives

- Mutual Aid Networks: Develop and support community-driven aid efforts that focus on helping homeless individuals without involving punitive government action. Building strong local networks that provide food, shelter, and resources can lessen reliance on government intervention.

- Public Education Campaigns: Educate the broader public about the causes of homelessness and the harm of criminalizing it. Misunderstanding and stigma often drive support for punitive laws.

5. Support Housing-First Policies

- Advocate for Housing-Focused Solutions: Push for policies that focus on providing permanent housing as the solution to homelessness. Support housing-first initiatives at the local and federal levels that prioritize offering shelter before addressing other issues like employment or mental health.

- Attend Local Government Meetings: Show up at city council or legislative sessions where homelessness policies are being discussed. Public testimony and citizen participation can sway decisions in favor of humane solutions.

6. File Amicus Briefs

- Support Federal Litigation: Advocacy groups, civil rights organizations, and concerned citizens can submit amicus briefs to courts in support of ongoing legal challenges to homelessness criminalization, providing legal arguments and evidence against these laws.

7. Boycott Cities with Criminalization Policies

- Economic Pressure: Individuals can organize or participate in boycotts of cities and states that criminalize homelessness. Tourists, businesses, and consumers can withdraw economic support from areas enforcing these laws, pressuring governments to change.

By mobilizing public opinion, pursuing legal action, and pushing for legislative reform, people can fast-track the reversal of laws that criminalize homelessness. Collaboration with advocacy groups and continued pressure on policymakers is key to creating lasting change.

Vice President Action

Kamala Harris can act now.....

The Vice President (VP) of the United States holds several constitutional and strategic roles but has limited formal powers. However, there are significant actions a VP can take to influence policies, particularly when aligned with the President's agenda. Here's how a VP can impact policy, particularly concerning issues like homelessness or other unconstitutional acts:

1. Advise and Influence the President

- Policy Shaping : The VP can act as a close advisor to the President and advocate for specific issues. They can lobby for fast-tracking actions like issuing executive orders, directing federal agencies, or allocating federal resources to address issues such as homelessness.

- Public Messaging : The VP can take a leading role in public advocacy, shaping the national conversation by using the platform to promote alternatives to criminalization and push for housing-first policies.

2. Preside Over the Senate

- Tie-Breaking Vote : As the President of the Senate, the VP can cast the deciding vote in the event of a tie on legislation. This can be particularly useful when Congress is closely divided on bills related to housing, homelessness, or any criminal justice reform.

- Legislative Advocacy : The VP can use their influence to rally support among senators for bills that align with the administration's priorities, such as federal laws that would protect homeless individuals from criminalization.

3. Task Force Leadership and Initiative

- Lead Special Initiatives : The President can delegate leadership of specific initiatives to the VP, such as heading up a national task force on homelessness or overseeing a federal review of state laws criminalizing unhoused people.

- Government Liaison : The VP often serves as a liaison between the executive branch and Congress, governors, and state legislatures, advocating for swift changes at the state level.

4. Executive Orders and Administrative Advocacy

- While the VP does not have the power to issue executive orders, they can be an advocate for such actions within the administration, particularly to address urgent national issues. The VP can push for:

- Issuing Executive Orders that direct federal agencies to challenge state laws criminalizing homelessness.

- Federal Grants and Aid : Advocate for the distribution of federal funding to states and municipalities that promote housing-first policies rather than punitive laws.

5. Public Advocacy and Influence

- National Campaigning : The VP can launch national campaigns or initiatives on behalf of the administration, rallying public and political support for ending the criminalization of homelessness.

- Engaging with Local Governments : The VP can use their platform to bring state and local officials to the table, advocating for housing solutions and alternatives to criminalizing unhoused individuals.

6. Federal Agency Oversight

- The VP can work closely with federal agencies, including HUD, the Department of Justice, and Health and Human Services, to coordinate efforts aimed at reducing homelessness and ensuring civil rights protections.

- Ensure Policy Compliance : Oversee federal agency actions that challenge unconstitutional state laws, making sure resources are used to protect homeless individuals from unlawful treatment.

7. International Comparisons and Models

- The VP can lead efforts to study and replicate successful models from other countries that have effectively addressed homelessness without criminalization. This could provide alternative solutions and best practices to guide U.S. policy.

Conclusion

While the Vice President does not have unilateral authority, they can significantly influence and expedite action through their unique position in the executive branch. By advising the President, casting tie-breaking votes in the Senate, leading task forces, and engaging in public advocacy, the VP can play a pivotal role in shaping and implementing policy that prevents the criminalization of homelessness and promotes humane solutions.

A Presidential Action

A U.S. president can take several immediate actions to block or challenge laws that criminalize homelessness, especially if they are seen as unconstitutional or violating civil rights:

1. Executive Orders

The president could issue an executive order aimed at protecting the rights of homeless individuals. This order might:

- Direct federal agencies, like the Department of Justice (DOJ) and Housing and Urban Development (HUD), to challenge or investigate state and local laws that criminalize homelessness.

- Instruct federal law enforcement to prioritize policies that offer alternatives to incarceration and fines for homelessness, focusing instead on support services like housing, healthcare, and job training.

2. Use of Federal Funds

The president could condition federal funding to states and cities on their compliance with humane homelessness policies. For example:

- The administration could withhold federal housing and community development grants from localities that pass laws criminalizing homelessness, unless they can demonstrate that they provide sufficient shelter.

- Conversely, the president could expand funding for housing-first programs and direct emergency funds for building shelters and transitional housing, encouraging states to shift from punitive measures to support-based approaches.

3. Direct the Department of Justice (DOJ)

The DOJ, under the president’s direction, can:

- File lawsuits against states and cities that criminalize homelessness in violation of the U.S. Constitution, particularly under the Eighth Amendment's protection against cruel and unusual punishment.

- Support or intervene in ongoing lawsuits, such as those following the precedent set in Martin v. Boise (2018), which ruled that it is unconstitutional to punish people for sleeping outdoors if no shelter is available.

4. Appoint a Special Task Force

The president could quickly establish a federal task force or interagency group to address homelessness and evaluate laws criminalizing unhoused people. This task force could:

- Develop recommendations for federal, state, and local governments to combat homelessness without criminalizing it.

- Collaborate with state governments to identify and implement best practices for humane treatment and housing solutions.

5. Public Advocacy

The president can use the power of the bully pulpit to:

- Advocate for federal legislation that explicitly prohibits criminalizing homelessness, putting pressure on Congress to pass laws protecting homeless individuals’ rights.

- Mobilize public opinion and partnerships with advocacy groups to challenge these state laws in courts or through legislative action.

6. Work with Congress on Legislation

Although an executive order may offer temporary relief, working with Congress to pass lasting federal legislation is crucial. The president could:

- Push for federal legislation that prohibits criminalizing homelessness and enshrines the right to shelter, with federal oversight to ensure compliance.

- Advocate for expanding access to affordable housing and mental health services to prevent homelessness in the first place.

By using these strategies, a president can act quickly to block or mitigate laws criminalizing homelessness and encourage long-term solutions centered on human rights and housing (

Time used to be where the sun is

) (

National Homelessness Law Center

Microsoft Notes: Cordova for President