Letters and Testimony
A collection of letters sent or signed onto by the Law Center to support our advocacy and legal work.
Letter to Chair Calatayud, Vice-Chair Osgood, and Members of the Committee on Public Affairs
The National Homelessness Law Center urges the Committee to oppose SB 1530, which, if enacted, would create unfunded mandates and threats of liability for local governments and threaten the constitutional and human rights of unhoused Florida residents by encouraging localities to criminalize them for sheltering themselves, even in the absence of adequate alternative housing or shelter.
Testimony to the UN Special Rapporteur on Racism Nov. 2, 2023
This testimony was offered to the UN Special Rapporteur on Racism during her November 2023 mission to the U.S
The National Homelessness Law Center (NHLC) submits this letter to the Mayor and other local elected officials of Robbinsville, N.C. condemning the illegality of the proposed ordinance. The Law Center emphasizes that it ran afoul of established case law precedent and Eighth Amendment constitutional protections for unhoused people.
The National Homelessness Law Center (NHLC) respectfully submits this comment letter in response to the request of the U.S. Department of Health and Human Services (HHS), the General Services Administration (GSA), and the U.S. Department of Housing and Urban Development (HUD) (collectively, the “Agencies”) for comment on proposed regulations governing Title V of the McKinney Vento-Homeless Assistance Act (collectively, the “Proposed Rules”). The Proposed Rules were published in the Federal Register on March 23, 2023.
Letter to the New Lexington Village Council, May 16, 2023
Letter on behalf of the National Homelessness Law Center (“NHLC”) and the Perry County Housing Coalition (“PCHC”) regarding Ordinance 21-7 passed on August 16, 2021, adding a “Homeless Shelter Overlay Zone” to the New Lexington Planning and Zoning Code. Ordinance 21-7 as written violates the Equal Protection Clause of U.S. Constitution, as well as Article 1, Sections 1 and 19, of the Ohio State Constitution.
The National Homelessness Law Center (“Law Center”) is pleased to submit the following testimony in support of Bill LD 1710, particularly the provisions amending the Maine Human Rights Act to prohibit discrimination in housing based on source of income when that income is a federal, state or local tenant-based rental assistance program.
Letter to the Puyallup Mayor, Deputy Mayor, City Council and City Attorney, May 01, 2023
Letter in opposition to proposed Ordinance 5.30 creating a special licensing scheme for Transitional and Permanent Supportive Housing that attempts to circumvent the intent of HB 1220 and the resulting code provision RCW 35A.21.430.
Letter to New Philadelphia Zoning Board, April 27, 2023
Letter to express our support of Friends of the Homeless (“FOTH”) and the variance request to site their adult and family shelter at the Brightwood and Reiser property. Both the city and FOTH agree that the property is a workable compromise, meeting the needs of all involved. As such, we urge you to approve the variance request so that FOTH can move forward with plans for a new facility quickly and avoid the displacement of the people currently in their care.
Additional Letter to Perry County Commissioners, April 21, 2023
Letter on behalf of the National Homelessness Law Center (“the Law Center”) to reiterate our concerns about how you plan to utilize over $7 million in funds distributed to Perry County through the American Rescue Plan (“ARP”). Both the delay in deploying these much-needed funds to the community1 and failure to use them to support “programs or services that address housing insecurity, lack of affordable housing, or homelessness”2 is extremely disappointing. Your plan to use these funds to renovate the courthouse, however, goes beyond disappointment – it is almost certainly an improper use of the funds.
Letter to the City of Rolla Mayor and City Council, March 17, 2023
Letter on behalf of the National Homelessness Law Center (“the Law Center”) in support of the Rolla Mission (“the Mission”) opposing the recent verbal notice they were given to cease operation of their overnight shelter by April 1st, effectively displacing the 45 people currently in their care.
We have been asked by several nonprofit organizations and concerned citizens in Sedalia to look into the proposed zoning ordinance drafted by Joe Lauber, at great expense to the city, regarding services for people in need. After spending several months attending meetings and reading through documents, we are touched and inspired by the rich history of care in Sedalia. As evidenced by the stories shared at the council meeting on January 30th, there is clearly a sense of pride in being known as a community that turns “love thy neighbor” into action by providing hope and care for those who are unhoused or otherwise need a hand up. We think the main source of contention and confusion around the proposed ordinance is the claim that a project like Mercy Rest Stop could not be permitted in Sedalia absent passage of a new ordinance.
TN HB 1192 Encampment Commitment Opposition March 13, 2023
This letter urges the Tennessee House Property & Planning Subcommittee to oppose HB 1192, which would misdirect Tennessee’s taxpayer dollars into short-term, unproven, potentially illegal measures that do nothing to end homelessness, and instead would only result in permanent shantytowns in Tennessee’s communities, increased violations of people’s liberties, and deepened racial disparities.
Letter on behalf of the National Homelessness Law Center in support of Friends of the Homeless (“FOTH”) and their efforts to find a new location for their adult and family shelter. FOTH have operated the shelter on High Street for many years without incident and as a good neighbor. Now it is time for New Philadelphia (“the City”) to be a good neighbor to FOTH and help them find a place to move that will meet the needs of the people they serve and that will avoid the displacement of the people currently in their care.
Letter to the Puyallup Mayor, Deputy Mayor, City Council and City Attorney, February 27, 2023
Letter regarding the proposed ordinance requiring licensing for permanent supportive housing and other services related to homelessness. We are currently monitoring restrictive zoning and land use ordinances that affect unhoused and formerly unhoused people across the country, with an eye towards litigation if the ordinance is unconstitutional or violates the Fair Housing Act.1 The proposed ordinance in Puyallup is exactly the sort of law that raises a variety of unintended legal issues and, if passed, would not stand up to legal challenge, under federal or state law.
Testimony of Lily Milwit, Housing Not Handcuffs Attorney and resident of DC’s Ward 1, to Performance Oversight Hearing for the Deputy Mayor for Health and Human Services, regarding the forced eviction of residents living at McPherson Square.
Written on behalf of the National Homelessness Law Center (“Law Center”) to urge opposition to SCR 1011, which, if enacted, would severely threaten the constitutional rights of encampment residents by displacing them, confiscating their shelters, and destroying their personal property. And with COVID-19 posing an unique threat to homeless citizens, SCR 1011 also violates federal guidelines released by the U.S. Centers for Disease Control and Prevention (“CDC”) and instead potentially poses a state-created danger. Moreover, SCR 1011 would limit Arizona’s ability to fund and construct permanent supportive housing, while also displacing and criminalizing people currently experiencing homelessness in Arizona. As legislators may be aware, this bill is based on a template from the Cicero Institute, another version of which was recently passed in Missouri and is already subject to multiple lawsuits.
Letter to Mayor Danzinger, Vice Mayor Rose, and Town of Surfside Commissioners, February 1, 2023
Written on behalf of the National Homelessness Law Center (“Law Center”), the American Civil Liberties Union of Florida (“ACLU of Florida”) and Southern Legal Counsel regarding the recently proposed legislation that would ban obstructing sidewalks and streets, sleeping or camping on the beach or other public property, showering with chemical substances or washing clothes on the beach street ends, panhandling, and urinating or defecating on public property.
Written on behalf of the National Homelessness Law Center (“Law Center”) to urge opposition to HB 2284, which, if enacted, would severely threaten the constitutional rights of encampment residents by displacing them, confiscating their shelters, and destroying their personal property. And with COVID-19 posing an unique threat to homeless citizens, HB 2284 also violates federal guidelines released by the U.S. Centers for Disease Control and Prevention (“CDC”) and instead potentially poses a state-created danger. Moreover, HB 2284 would limit Arizona’s ability to fund and construct permanent supportive housing, while also displacing and criminalizing people currently experiencing homelessness in Arizona. As legislators may be aware, this bill is based on a template from the Cicero Institute, another version of which was recently passed in Missouri and is already subject to multiple lawsuits.
Letter to Sedalia Planning & Zoning Commission, December 20, 2022
Letter to Planning and Zoning Commission following up on October 2022 letter to Sedalia, MO leadership in opposition to proposed ordinance regarding special use permits in the city for shelter and other services for unhoused and unstably housed people. Even setting aside the equal protection issues raised by an ordinance that explicitly targets a specific population of people, rather than rationally regulates similar uses of land, there are numerous structural issues with the ordinance as written: (download full letter to read more)
The Law Center is currently monitoring zoning and land use ordinances that affect unhoused people and homeless service providers across the country. We work with local advocates to improve zoning and land use policies that address homelessness and pursue litigation when zoning ordinances targeting homeless service providers violate federal, state, or local law. A member of the Transitional Services Committee reached out to us with questions about the Fair Housing Act, which led us to discover many aspects of the proposed ordinance that would not stand up to legal challenge. We are reaching out with the hope that you will reconsider the ordinance and avoid costly and unnecessary litigation in the future.
Written Testimony to the Georgia State Senate Committee on Unsheltered Homelessness, August 4, 2022
This testimony to the Georgia Senate Committee on Unsheltered Homelessness was presented on behalf of the Law Center, National Coalition for the Homeless, National Health Care for the Homeless Council, Corporation for Supportive Housing, National Alliance to End Homelessness, Funders Together to End Homelessness, National Low Income Housing Coalition, A Way Home America, National Coalition for Homeless Veterans, and Youth Collaboratory to oppose the approach proposed in GA HB 713 and SB 535, which offer measures to address the superficial symptoms of unsheltered homelessness without solving the underlying issues or causes of homelessness, and indeed, which will only make things worse, and instead to promote the implementation of evidence-based strategies of non-coercive outreach, housing, and services that—if adequately resourced—will permanently end the need for encampments, rather than just temporarily shifting them from public view.
Letter in Opposition to Proposed Ordinance 22-00761 in Baton Rouge, LA
This written testimony urges the city of Baton Rouge to reconsider their ordinance that would criminalize unsheltered homelessness through banning public camping without providing meaningful outreach and access to adequate housing.
Letter in support for the Perry Housing Coalition’s efforts to develop transitional housing
Letter on behalf of the National Homelessness Law Center (“the Law Center”) to reiterate our strong support for the Perry Housing Coalition’s efforts to develop transitional housing for unhoused people in your community using Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) distributed to Perry County through the American Rescue Plan (“ARP”).
This written testimony urges the Worcester City Council Public Safety Committee to reconsider the potential use of drones to identify and target encampments inhabited by unhoused residents of the county, instead suggesting data informed solutions that will increase the likelihood of those experiencing homelessness in the area seeking shelter and services provided by the county and through Federal spending programs.
The UAS program’s application to searching for and tracking homeless encampments and the program’s potential to invite law enforcement responses to homelessness is likely to erode community trust in government, exacerbate and prolong homelessness in Worcester by displacing and criminalizing encampment residents rather than connecting them to trauma-informed services and providing adequate housing, and violate the constitutional and human rights of people experiencing homelessness.
This testimony urges the Georgia Senate Government Oversight Committee to vote no on SB 535 – Reducing Street Homelessness Act of 2022, which, if enacted, would limit Georgia’s ability to fund and construct permanent supportive housing, while also displacing and criminalizing people currently experiencing homelessness in Georgia. Displacing encampment residents, confiscating their shelters, and destroying their personal property violates guidelines released by the U.S. Centers for Disease Control and Prevention (“CDC”) and risks violating the constitutional rights of encampment residents. Because homelessness has a disparate racial impact as well as disparate impacts on persons with disabilities and LGBTQ+ populations, these policies criminalizing homelessness will also exacerbate gaps in arrests, incarceration, fines and fees, and other collateral consequences of criminal justice involvement.
The National Homelessness Law Center (the Law Center) is the legal hub of the movement to end and prevent homelessness in the United States. Uninterrupted access to cash assistance, food assistance, childcare and medical care are essential tools for ensuring housing stability for vulnerable families. DSHS’s Research and Data Analysis Division (RDA) found that receipt of TANF cash assistance in a prior month to be even more protective against homelessness than public housing assistance in the prior 24 months.1 However, RDA also found that those whose benefits were reduced or terminated in the prior month were 20 percent more likely to become homelessness in the following month. This is a stark example of the stakes for those who receive public assistance and why the Law Center signs on in strong support of SSB 5729 and the effort to expand access to public benefit hearings in Washington state.
Letter to the Mayor and Village Council of New Lexington, OH (2021)
This letter expresses concern with proposed regulations or restrictions that would prohibit the construction of a homeless services shelter in New Lexington, and that the Village Council was considering how to legally prevent a homeless shelter in or around New Lexington. We inform the Village Council that outright prohibiting homeless shelters in New Lexington does not address the needs of people experiencing homelessness. Instead, it only serves to separate unhoused people in New Lexington from service providers, makes it less likely for them to obtain permanent housing. We urge the County to reconsider any proposed ordinances or regulations that would exacerbate homelessness in New Lexington and make it more difficult for unhoused people to access services and seek housing solutions instead.
Letter to the Mayor and Board of Commission of Augusta-Richmond County, GA (2021)
This letter, submitted in coordination with the University of Georgia School of Law First Amendment Clinic, expresses our concern regarding a proposal by the Public Service Committee of Augusta-Richmond County that would expand its “aggressive panhandling” ordinance to encompass the entire geographic span of the County. As originally enacted, the Ordinance criminalizes the innocent act of requesting charity and is a content-based restriction on speech, which violates the First Amendment to the United States Constitution. We inform the County that expanding the original Ordinance’s reach would foreclose alternative channels of communication for the prohibited speech, rendering the Ordinance substantially over-broad and exacerbating its unconstitutionality. We urge the County to reject the Ordinance’s expansion and repeal the existing ordinance.
Letter to the Mayor, City Manager, and City Council of Tucson, AZ (2021)
This letter detailed our strong opposition to the planned destruction of a homeless encampment. It was indicated that during the sweep, “all of the makeshift housing will be torn and cleaned up.” We urge the city not to conduct the sweep or destroy the tent and other “makeshift housing” of encampment residents unless they can be connected immediately with individual housing units. We acknowledge that tearing down makeshift housing is especially cruel during a historic heatwave and active wildfire season that threatens the life and health of encampment residents. We also inform the City of guidance issued by the Centers for Disease Control and Prevention stating that homeless encampments should not be evicted during the COVID-19 pandemic unless the city can offer individual housing units to people experiencing homelessness.
Letter to the Mayor and City Commission of West Palm Beach, FL (2021)
This letter, submitted in coordination with Southern Legal Counsel and the ACLU of Florida, regarded Ordinance 4934-21, which amends Chapter 54 Sections 146 and 147 of the West Palm Beach Code of Ordinances to prohibit sleeping and camping in all public areas. As indicated in the City Commission Agenda for May 3, 2021, the ordinance “regulates and prohibits sleeping and ‘camping’ in public areas, as well as in the entrances and exits of the City’s businesses.” We expressed concerned that the Sleeping/Camping Ban falls afoul of established case law including the 9th Circuit’s ruling in Martin v. Boise by criminalizing involuntary homelessness, and we urge the City to repeal or amend the ordinance.
Letter to the Mayor, Mayor Pro Tem, and City Council of Novato, CA (2021)
This letter expresses the Law Center’s concern with two proposed ordinances in Novato, CA. The proposed ordinances would amend the Novato Municipal Code to ban camping or storage of property in public spaces near “critical” infrastructure and to ban camping near certain waterways like streams. Violations of the Proposed Ordinances would constitute a criminal misdemeanor in Novato. In this letter, we inform the City that the Proposed Ordinances fall afoul of the 9th Circuit’s ruling in Martin v. Boise by criminalizing involuntary homelessness, and poses a risk to housed and unhoused residents of Manchester alike during the COVID-19 pandemic, and urge the City to vote against the ordinance.
Letter to the Mayor and City Council of Santa Rosa, CA (2021)
This letter expresses the Law Center’s concern with the City of Santa Rosa’s clearance of various city encampments and frequent impoundment of vehicle homes despite guidance issued by the Centers for Disease Control and Prevention stating that homeless encampments should not be evicted during the COVID-19 pandemic unless the city can offer individual housing units to people experiencing homelessness. In this letter, we urge the City to cease conducting sweeps and to rely on funding available from the Federal Emergency Management Agency to safely house its homeless population rather than continuing to displace them with no safe alternative. As an interim measure, we suggest that the City establish safe parking lots and other outdoor locations for unhoused people to safely camp with access to key services such as hygiene and sanitation services.
Letter to the Mayor, Office on Homelessness, and City Council of Knoxville, TN (2021)
This letter expresses the Law Center’s concern with the planned eviction of approximately 50 Knoxville residents, many of whom have disabilities. Residents were offered less than 24-hours verbal notice, and were informed that they would be arrested if they did not vacate their outdoor homes. It is likely that as result of this sweep, many personal belongings will be discarded or destroyed and residents will simply be displaced to different parts of Knoxville, and without access to their personal property. In this letter, we urge the City not to conduct the sweep. Additionally, we inform the City about guidance issued by the Centers for Disease Control and Prevention stating that homeless encampments should not be evicted during the COVID-19 pandemic unless the city can offer individual housing units to people experiencing homelessness.
Joint Letter to the City Commission of Gainesville, FL (2021)
This letter jointly submitted by the Law Center, the ACLU of Florida, and Southern Legal Councel is written in support of the Gainesville City Commission’s permanent repeal of the Open Container portion of the City Code of Ordinances. The open container ordinance, which penalizes the possession and consumption of alcoholic beverages outdoors on city-owned property and public rights-of-way, disproportionately impacts individuals experiencing homelessness both through selective enforcement and absence of choice. The City Commission moved to suspend enforcement of the open container ordinance during the COVID-19 pandemic as a remedy for the obvious public health and safety concerns present. However, public health and safety concerns exist in non-pandemic times as well, especially for the most vulnerable and marginalized Gainesville residents. Rather than reinstating the enforcement of open container laws, we argue the Gainesville City Commission should utilize constructive alternatives that will better meet the City’s needs.
This letter expresses concern regarding Louisville’s proposed elimination of notice requirements before removal of homeless persons from certain encampments, as well as regarding Louisville Metro’s clearing of encampments more generally. We were concerned that the proposed amendment erodes the limited protections offered to people experiencing homelessness by the 21-day notice period without any constructive purpose and have even conducted sweeps in violation of this notice. In this letter, we encourage Louisville to preserve the notice requirement and to cease conducting sweeps. Instead, we encourage Louisville to rely on funding available from the Federal Emergency Management Agency to safely house its homeless population rather than continuing to displace them with no safe alternative.
Letter to the Mayor, Deputy Mayor, and Common Council of Madison, WI (2021)
This letter expresses the Law Center’s concern regarding Madison’s planned clearance of the temporary encampment at Reindahl Park. We reminded Madison that we had written previously regarding Madison’s clearance of McPike Park. We wrote to remind Madison of guidance issued by the Centers for Disease Control and Prevention stating that homeless encampments should not be evicted during the COVID-19 pandemic unless the city can offer individual housing units to people experiencing homelessness. We acknowledged that Madison has taken steps to ensure that residents from the encampment have somewhere to go and identified hotel rooms for approximately 200 people experiencing homelessness and for approximately 100 homeless families. We encouraged Madison to cease conducting sweeps and to rely on funding available from the Federal Emergency Management Agency to safely house its homeless population rather than continuing to displace them with no safe alternative.
Letter to the Mayor and City Council of Turlock, CA (2021)
This letter expresses the Law Center’s concern regarding Turlock’s recent clearance of a W. Main Street encampment and recent sweeps conducted by Union Pacific despite guidance issued by the Centers for Disease Control and Prevention stating that homeless encampments should not be evicted during the COVID-19 pandemic unless the city can offer individual housing units to people experiencing homelessness. In this letter, we urge Turlock to cease conducting sweeps. Instead, we encourage Turlock to rely on funding available from the Federal Emergency Management Agency to safely house its homeless population rather than continuing to displace them with no safe alternative.
Letter to the Mayor, Deputy Mayor, and City Council of Oceanside, CA (2021)
This letter expresses the Law Center’s concern regarding a proposed ordinance and emergency ordinance which would amend Chapter 20 of the Oceanside City Code to Regulate Camping, Sleeping and Storage of Personal Property in Public Places. The ordinance would make it unlawful to “camp, occupy camp facilities, or use camp paraphernalia in any public space,” to “sit or lie down upon a public sidewalk,” and to ever sleep in any “parcel or area of land or water which is essentially unimproved and devoted to open space use.” Additionally, the ordinance would make it unlawful to store property in any public space, including (and explicitly forbidding) necessary medication, food, and clothes. This ordinance was unanimously approved as an emergency ordinance.
Letter to the Mayor and City Council of Spokane Valley, WA (2021)
This letter expresses the Law Center’s concern regarding Ordinance 21-004, which amends Chapter 7.50 of the Spokane Valley Municipal Code Regarding Regulation of Camping on Public Property. The ordinance would expand Chapter 7.50 to prohibit camping and storing property on any city-owned or city-maintained property, not just those that were specifically delineated. We were concerned that the ordinance falls afoul of the 9th Circuit’s ruling in Martin v. Boise by criminalizing involuntary homelessness, and urged the City Council to vote against the ordinance.
Letter to the Mayor and City Council of Tulare, CA (2021)
This letter expresses the Law Center’s concern regarding the Tulare’s clearance of an encampment on Highway 99 despite guidance issued by the Centers for Disease Control and Prevention stating that homeless encampments should not be evicted during the COVID-19 pandemic unless the city can offer individual housing units to people experiencing homelessness. In this letter, we urge Tulare to cease conducting sweeps. Instead, we encourage Tulare to rely on funding available from the Federal Emergency Management Agency to safely house its homeless population rather than continuing to displace them with no safe alternative.
Letter to the Mayor and City Council of Jacksonville, FL (2021)
This letter expresses the Law Center’s concern regarding Jacksonville’s clearance of the “Tent City” encampment in Downtown Jacksonville despite guidance issued by the Centers for Disease Control and Prevention stating that homeless encampments should not be evicted during the COVID-19 pandemic unless the city can offer individual housing units to people experiencing homelessness. We were concerned that transitioning residents from the “Tent City” encampment to “Bridge Shelter,” a 30-day temporary congregate shelter facility, without any individual or permanent housing plan runs afoul of CDC guidance and just displaced people experiencing homelessness in Jacksonville. We also noted that at the time of the letter, Bridge Shelter had shut down, and that many of the residents have resorted to other shelters and are otherwise in need of housing. In this letter, we urge Jacksonville not to continue clearing encampments and to instead rely on funding available from the Federal Emergency Management Agency to safely house its homeless population.
Letter to the Mayor and City Council of San José, CA (2021)
This letter expresses the Law Center’s concern regarding the city’s planned clearance of over a dozen encampments in San José despite guidance issued by the Centers for Disease Control and Prevention stating that homeless encampments should not be evicted during the COVID-19 pandemic unless the city can offer individual housing units to people experiencing homelessness. In this letter, we urge San José to cease conducting sweeps. Instead, we encourage San José to rely on funding available from the Federal Emergency Management Agency to safely house its homeless population rather than continuing to displace them with no safe alternative.
Letter to the Mayor and City Council of Eugene, OR (2021)
This letter expresses the Law Center’s concern regarding Eugene’s clearance of the Westmoreland Park encampments and despite guidance issued by the Centers for Disease Control and Prevention stating that homeless encampments should not be evicted during the COVID-19 pandemic unless the city can offer individual housing units to people experiencing homelessness. In this letter, we urge Eugene to cease conducting sweeps. Instead, we encourage Eugene to rely on funding available from the Federal Emergency Management Agency to safely house its homeless population rather than continuing to displace them with no safe alternative.
Letter to the Mayor and City Council of Santa Cruz, CA (2021)
This letter expresses the Law Center’s concern with Santa Cruz’s proposed amendment to City Ordinance Chapter 6.36. Specifically, the ordinance, inter alia, prohibits camping on public property from 8 am to 8 pm, prohibits camping at all hours in certain locations, and permits the City Manager to designate additional areas where camps are prohibited during all hours “[f]or purposes of cleaning, maintenance, and/or addressing health or safety concerns.” We expressed our concern that the ordinance falls afoul of the 9th Circuit’s ruling in Martin v. Boise by criminalizing involuntary homelessness, and urged the City Council to reject the ordinance. Unfortunately, the ordinance passed 5-2.
Letter to City-County Council of Indianapolis-Marion County, IN (2021)
This letter expresses the Law Center’s concern with Indianapolis-Marion County’s proposed amendment to Chapter 231, Article V of the “Revised Code of the Consolidated City and County.” The ordinance authorizes the Office of Public Health and Safety (“OPHS”) to temporarily or permanently close any encampment on any public property or right of way if there is “sufficient temporary housing or shelter space available,” and to regulate charitable distribution to needy individuals. The original ordinance was written in partnership with the Law Center. We wrote to inform Indianapolis-Marion County that the proposed amendment would violate guidelines proposed by the Centers for Disease Control and Prevention, which informed cities not to conduct sweeps of encampments unless individual housing could be provided to encampment residents. We encouraged the Indianapolis-Marion County City-County Council to reject the ordinance. We intended to testify at a Blueprint Council Meeting on 2/22/21 to speak out against the ordinance, but the ordinance was unfortunately not discussed at the meeting.
Letter to the Mayor and Board of Alderman of Manchester, NH (2021)
This letter expresses the Law Center’s concern with Manchester’s proposed amendment to Chapter 130: General Offenses of the Code of Ordinances of the City of Manchester. Specifically, the ordinance prohibits camping in public places without permission and authorizes police to issue a fine up to $1,000 to anyone camping on public property if there is “available overnight shelter.” The ordinance also lists certain “[i]ndicia of camping” such as “storage of personal belongings” and “cots, cushions, sheets, blankets, [and] sleeping bags.” We expressed our concern that the ordinance falls afoul of the 9th Circuit’s ruling in Martin v. Boise by criminalizing involuntary homelessness, and urged the Board of Alderman to vote against the ordinance.
Letter to the Members of the Texas House of Representatives (2021)
This letter expresses the Law Center’s opposition to Texas House Bill 1925. HB 1925 would prohibit sheltering in public statewide regardless of access to indoor shelter alternatives, disability status, or inclement weather conditions. This bill is inhumane, harmful to communities, and may expose the State of Texas to expensive and divisive litigation. It is also incorrectly aimed at punishing unhoused people for lacking shelter when unsheltered homelessness can more affordably and sustainably be solved with proven housing and service solutions. The Law Center urges Texas House Representatives to vote no on HB 1925.
Letter to the Mayor and City Commissioners of Adrian, MI (2021)
This letter, submitted in coordination with the ACLU of Michigan, expresses our concerns regarding Section 62-44 (“Camping Ban”) of the Adrian, Michigan Code of Ordinances. Adrian’s Camping Ban makes it a civil infraction and a public nuisance for any person to “camp or establish shelter upon a public park” regardless of the availability of indoor shelter and/or any alternative place to sleep and safely store one’s belongings. In this letter, we inform the City that the ordinance falls afoul of the 9th Circuit’s ruling in Martin v. Boise by criminalizing involuntary homelessness, and poses a risk to housed and unhoused residents of Adrian alike during the COVID-19 pandemic. We urge the city to repeal the camping ban and to instead pursue evidence-based strategies to end and prevent homelessness in Adrian.
This letter, submitted in coordination with the Southern Legal Counsel and the ACLU of Florida, expresses our concerns regarding Fort Myers’ and Lee County’s intended city-wide sweeps of homeless encampments including at Lions Park, Schandler Hall, and the Fort Myers Regional Library starting on March 19, 2021, as well as the intended enforcement of ordinances that would criminalize people experiencing homelessness found camping on public property. People found in violation of the ordinance in Fort Myers would be subject to fines up to $250, criminal citations, and are likely to lose significant personal property during the sweep. We write to inform Fort Myers and Lee County of guidance issued by the Centers for Disease Control and Prevention stating that that homeless encampments should not be evicted during the COVID-19 pandemic unless the city can offer individual housing units to people experiencing homelessness. In this letter, we urge Fort Myers and Lee County to cease conducting sweeps. Instead, we encourage the City to rely on funding available from the Federal Emergency Management Agency to safely house its homeless population rather than continuing to displace them with no safe alternative. Unfortunately, Fort Myers and Lee County conducted the planned sweeps.
Letter to the Mayor, Deputy Mayor, and City Council of Everett, Washington (2021)
This letter expresses the Law Center’s concern with Council Bill # 2102-06, which would prohibit certain conduct within designated rights of way. This ordinance would make it a criminal misdemeanor subject to a $500 fine to “sit or lie down upon, or place a blanket, sleeping bag, back pack, chair, mattress, couch, stool, or any similar equipment, item, or furniture upon” in any public sidewalk or right of way within the designated area. In this letter, we recognize the disproportionate effect this ordinance would have on people experiencing homelessness and encourage the Everett City Council to vote against this ordinance. Unfortunately, this ordinance passed with a 5-1 vote.
Letter to the Mayor and City Council of Española, New Mexico (2021)
This letter expresses the Law Center’s concern with the City of Española’s clearance of an encampment at Ranchitos Park despite guidance issued by the Centers for Disease Control and Prevention stating that that homeless encampments should not be evicted during the COVID-19 pandemic unless the city can offer individual housing units to people experiencing homelessness. In this letter, we urge the City to cease conducting sweeps. Instead, we encourage the City to rely on funding available from the Federal Emergency Management Agency to safely house its homeless population rather than continuing to displace them with no safe alternative.
Letter to the Mayor and City Council of Merriam, KS (2021)
This letter, submitted in coordination with the ACLU of Kansas, expresses concerns regarding an ordinance approved by the Merriam City Council which amends Chapter 68 of the Merriam Code of Ordinances to pedestrians from standing on certain medians. In this letter, we recognize the effect this ordinance would have on people experiencing homelessness, and that it is counterproductive to issue fines to people panhandling on these medians. We encourage Merriam to reconsider this ordinance because it unconstitutionally regulates the content of speech and, instead of promoting traffic safety, disproportionately punishes people experiencing homelessness.
Letter to the Mayor, Deputy Mayor, and Common Council of Madison, WI (2021)
This letter expresses the Law Center’s concern with the City of Madison’s clearance of an encampment at McPike Park despite guidance issued by the Centers for Disease Control and Prevention stating that that homeless encampments should not be evicted during the COVID-19 pandemic unless the city can offer individual housing units to people experiencing homelessness. In this letter, we urge the City to cease conducting sweeps. Instead, we encourage the City to rely on funding available from the Federal Emergency Management Agency to safely house its homeless population rather than continuing to displace them with no safe alternative. We inform the City that FEMA has changed its non-congregate shelter reimbursement policies since Wisconsin had previously applied, so that the City should reapply.
Letter to Mayor, City Council, and Principal Planner of Medford, OR (2021)
This letter expresses concerns with the City of Medford’s Proposed Ordinance, which seeks to prohibit sleeping or lying on public property for over 24 hours, camping on public property, and camping, lying, sleeping, or using bedding material at various locations in the City. In this letter, we inform the City that the Proposed Ordinance falls afoul of the 9th Circuit’s ruling in Martin v. Boise by criminalizing involuntary homelessness, and poses a risk to housed and unhoused residents of Medford alike during the COVID-19 pandemic. We urge the City to vote against the ordinance and to rely on funding available from the Federal Emergency Management Agency to safely house its homeless population rather than further criminalization.
Letter to City Council of San Antonio, TX (2021)
This letter expresses the Law Center’s concerns with the City of San Antonio’s aggressive abatements of various encampments despite guidance issued by the Centers for Disease Control and Prevention stating that that homeless encampments should not be evicted during the COVID-19 pandemic unless the city can offer individual housing units to people experiencing homelessness. In this letter, we urge the City to cease conducting sweeps and to rely on funding available from the Federal Emergency Management Agency to safely house its homeless population rather than continuing to displace them with no safe alternative.
Letter to Mayor and City Council of Porterdale, GA (2021)
This letter expresses the Law Center’s concerns with the City of Porterdale’s plan to stop operating its temporary warming center serving people experiencing homelessness. In this letter, we urge the City to rely on funding available from the Federal Emergency Management Agency to safely house its homeless population rather than move forward with its plan to close the temporary warming center at Rainbow Covenant Ministries.
Letter to City Council of Dallas, TX (2021)
This letter expresses the Law Center’s concerns with the City of Dallas’s clearance of various encampments despite guidance issued by the Centers for Disease Control and Prevention stating that that homeless encampments should not be evicted during the COVID-19 pandemic unless the city can offer individual housing units to people experiencing homelessness. In this letter, we urge the City to cease conducting sweeps and to rely on funding available from the Federal Emergency Management Agency to safely house its homeless population rather than continuing to displace them with no safe alternative.
Letter to Mayor and City Council of Sweet Home, OR (2021)
This letter expresses the Law Center’s concerns with the City of Sweet Home’s plan to close the homeless encampment at the Church of Nazarene despite guidance issued by the Centers for Disease Control and Prevention stating that that homeless encampments should not be evicted during the COVID-19 pandemic unless the city can offer individual housing units to people experiencing homelessness. In this letter, we urge the City to rely on funding available from the Federal Emergency Management Agency to safely house its homeless population rather than move forward with its plan to close the encampment at the Church of Nazarene and just disperse its homeless population.
Letter to Mayor and City Council of Napa, CA (2021)
This letter expresses the Law Center’s concerns with the City of Napa’s clearance of various encampments despite guidance issued by the Centers for Disease Control and Prevention stating that that homeless encampments should not be evicted during the COVID-19 pandemic unless the city can offer individual housing units to people experiencing homelessness. In this letter, we urge the City to cease conducting sweeps and to rely on funding available from the Federal Emergency Management Agency to safely house its homeless population rather than continuing to displace them with no safe alternative.
Letter to the Mayor and City Commissioners of Gainesville, FL (2021)
This letter, submitted in coordination with the Southern Legal Counsel and the ACLU of Florida, expresses the Law Center’s concerns with the City of Gainesville’s Proposed Ordinance that would prohibit pedestrians from traffic medians. Comments made during public debates made it clear a primary purpose of the ordinance is to disproportionately deter people panhandling on traffic medians. In this letter, we urge the City to vote against the ordinance because it unconstitutionally regulates the content of speech and because instead of promoting traffic safety it punishes people experiencing homelessness.
Letter to the Mayor and Aldermen of Manchester, NH (2021)
This letter expresses the Law Center’s concerns with the City of Manchester’s Proposed Ordinance, which seeks to prohibit camping in public places without permission and authorizes police to issue a fine up to $1,000 to anyone camping on public property if there is “available overnight shelter.” In this letter, we inform the City that the Proposed Ordinance falls afoul of the 9th Circuit’s ruling in Martin v. Boise by criminalizing involuntary homelessness, and poses a risk to housed and unhoused residents of Manchester alike during the COVID-19 pandemic, and urge the City to vote against the ordinance.
Joint letter to the Mayor and Councilmembers of Knoxville, TN (2021)
This letter, submitted in coordination with the ACLU of Tennessee, expresses the Law Center’s concerns about Knoxville’s clearance of encampments during the COVID-19 pandemic, which goes against CDC guidelines. In this letter, we urge the City Council to take advantage of funding from FEMA to provide individual housing options to all individuals and families experiencing homelessness.
Letter to the Mayor and Councilmembers of Delray Beach, FL (2021)
This letter, submitted in coordination with the ACLU of Florida, Southern Legal Counsel, and the Palm Beach County Chapter of the ACLU of Florida, expresses the Law Center’s concerns about Delray Beach’s Proposed Ordinance, which seeks to criminalize the innocent act of requesting charity. In this letter, we urge the City Council to vote against this unconstitutional ordinance and develop constructive approaches that will lead to the best outcomes for all the residents of Delray Beach, housed and unhoused alike.
Letter to the Mayor and Councilmembers of Lake Jackson, TX (2020)
This letter shares the Law Center’s concerns with Ordinance 20-2200 that was adopted on June 1, 2020, which makes it a Class C misdemeanor for “camping on public property; outside of public buildings; and on streets, sidewalks, and public parking lots” and storing “personal property on public property” in Delray Beach, FL. Furthermore, the ordinance allows for the removal and destruction of personal property. The Law Center suggests the best way to address the problem is by removing the need for people to shelter themselves in public in the first place, by providing adequate housing and services.
Letter to the Mayor and Councilmembers of Medford, OR (2020)
This letter expresses the Law Center’s concerns regarding the city of Medford’s clearance of the homeless encampments in Hawthorne Park and the Greenway. This approach is contrary to CDC guidance and likely unconstitutional according to the precedent set in Martin v. Boise, and recently reaffirmed in Blake v. Grants Pass. We call on the city to immediately cease evictions of homeless encampments and instead put its resources to getting people into housing.
Letter to the Mayor of Salt Lake City, UT (2020)
This letter addresses the Law Center’s concerns about Salt Lake City’s continued encampment sweeps during the COVID-19 pandemic. We urge the city to adhere to CDC guidance and immediately stop conducting sweeps of homeless encampments until the city can offer individual housing units to people experiencing homelessness. The Law Center also encourages Salt Lake City to place an immediate moratorium on enforcement of laws or policies criminalizing homelessness, such as laws against camping, sleeping, panhandling, or sleeping in one’s vehicle.
Letter to the Mayor and Councilmembers of Auburn, WA (2020)
This letter addresses the Law Center’s concerns about the City of Auburn’s Proposed Ordinance which prohibits erecting or maintaining a tent in any city park and subjects a person to “arrest and prosecution for criminal trespass” for simply “entering or remaining in a park when it is closed.” We urge the Council to vote against these amendments which criminalize involuntary homelessness and instead to repeal the ordinance.
Joint Letter to the Mayor and Councilmembers of Boulder, CO (2020)
This letter, written jointly with the National Association for the Advancement of Colored People Boulder County Branch, expresses the Law Center’s concerns about Boulder’s camping ban and prohibition on using vehicles as dwelling places during COVID-19. We urge the city to adhere to CDC guidance and consider repealing or placing a moratorium on encampment clearings until the city can offer individual housing units to people experiencing homelessness.
Letter to the Mayor and Councilmembers of Austin, TX (2020)
This letter expresses the Law Center’s support for the Fair Chance Housing Resolution and urges the City of Austin to approve this important step toward ending and preventing homelessness. The Fair Chance Housing Resolution will not only remove unnecessary barriers to housing access, but it will also help to promote racial equity and reduce homelessness in Austin.
Joint Letter to the Mayor, City Councilmembers, and Public Health Departments of Detroit, MI (2020)
This letter, written jointly with the American Civil Liberties Union of Michigan (ACLU), Street Democracy, and our partner signatories, expresses the Law Center’s concerns about Detroit’s harmful sweeps during COVID-19. The letter was initiated by local medical students doing street medicine who observed the sweeps. We urged the City to cease all homeless encampment evictions during the COVID-19 pandemic immediately and asked that they adopt a policy that protects unsheltered people and their property.
Joint Letter to the City Council of Honolulu, HI (2020)
This letter, written and signed by 35 legal scholars, is in response to the latest proposed expansion of Honolulu’s criminal prohibition on sleeping or lying in public places. For years now, the city has effectively chased people with new and wider bans, and it is doing so again with the latest proposal. Enforcing such bans against people without access to shelter is cruel and unusual punishment, and the Constitution forbids it.
Joint Letter to the Mayor of San Francisco, CA (2020)
This letter, written jointly with Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, ACLU-Northern California, and the Public Interest Law Project, is on behalf of the Coalition on Homelessness San Francisco to demand the City and County of San Francisco’s compliance with recent local legislation requiring the procurement of hotel and motel rooms for unhoused people as a critical public health response to the COVID-19 pandemic and with Welfare and Institutions Code section 17000.
Joint Letter to the Board of Supervisors of Sacramento County, CA (2020)
This letter, written jointly with Disability Rights California and ACLU-Northern California, expresses the Law Center’s concerns about the refusal of the City of Sacramento and the County of Sacramento to provide emergency services to, and refrain from the criminalization of, people experiencing homelessness. We urge the City and the County to adhere to CDC guidance—and its own Plan—which includes a variety of measures that will serve the needs of people experiencing homelessness and reduce the further spread of coronavirus.
Joint Letter to the Mayor, Vice Mayor, and City Council of Sacramento, CA (2020)
This letter, written jointly with Disability Rights California, Legal Services of Northern California, and ACLU-Northern California, expresses the Law Center’s concerns about the refusal of the City of Sacramento to provide emergency services to, and refrain from the criminalization of, people experiencing homelessness. We urge the City to adhere to CDC guidance—and its own Plan—which includes a variety of measures that will serve the needs of people experiencing homelessness and reduce the further spread of coronavirus.
Letter to the Mayor and Councilmembers of Denver, CO (2020)
The Law Center urges Mayor Hancock and Councilmembers not to displace people living outside in the City of Denver unless the people living in those locations are offered accessible individual housing units, such as hotel rooms, consistent with CDC Guidance. We also urge the City of Denver to issue a formal policy to leave intact homeless encampments that do not pose immediate public health or safety risks throughout the COVID-19 State of Emergency because such a policy can protect the lives and safety of all Denver residents.
Letter to the Mayor and City Councillors of Topeka, KS (2019)
This letter expresses the Law Center’s concerns with the city’s proposed camping ordinance, and suggests more constructive policies to implement in its place. The Law Center has offered assistance in seeing these alternatives put forward.
Joint Letter to the Mayor and City Council of Santa Cruz, CA (2019)
This letter, written jointly with Disability Rights California and the ACLU of California, expresses the Law Center’s concerns with the city’s proposed camping ordinance, and suggests more constructive policies to implement in its place. Rather than the proposed policy of amending ordinances to justify the citation and arrest of homeless individuals, the letter urge the Council to undertake a considered, thoughtful analysis of homelessness and the barriers that people experiencing homelessness face when attempting to access services.
Letter to the Mayor and City Councillors of Marysville, CA (2019)
This letter expresses the Law Center’s concerns with the city’s proposed camping ordinance. It urges the addressed officials to vote no on the proposed ordinance. The Law Center has offered assistance in implementing constructive policies in its place.
Letter to the City of Wausau, WI (2019)
The Law Center submitted a letter opposing a proposed ordinance in Wausau, WI that would make it illegal to be in a parking lot or garage for any longer than necessary to park a car. Based on comments from the Office of the City Attorney, the ordinance seems motivated in part by complaints about people sleeping in ramp stairwells. As with other ordinances that criminalize the lives of people experiencing homelessness in one way or another, the ordinance fails to address where these people will be able to seek shelter if not in the targeted parking lots and vehicles. The lack of plan or requirement to house or adequately shelter the displaced persons means they are merely dispersed to different public spaces. Given this, the Law Center has urged city officials to oppose or amend the ordinance to better serve the needs of all members of the Wausau community.
Letter to the Mayor and City Council of Las Vegas, NV (2019)
In this letter, the Law Center raises concerns with a proposed bill to prohibit camping and similar activities on public property. The bill, were it to pass, would greatly limit the ability of people experiencing homelessness to rest in light of a lack of alternatives. The letter references our reports and past litigation to point out the inefficiency and cruelty of criminalizing homelessness as with a camping ban. It also provides suggestions to pursue for constructive, non-criminalizing alternatives.
Letter to the Mayor and City Council of Austin, TX (2019)
This letter from the Law Center urges the City of Austin to continue their course in decriminalizing homelessness, and not to bow to outside pressure to revise their ordinances to add the criminalization of homelessness into the city’s laws. The letter reminds the city of the non-punitive measures available to them, and the other law enforcement tools available to address legitimate public safety and health concerns. Further, it encourages the city to pursue the constructive alternative of the Homelessness Action Plan already being developed locally as of the time of the letter’s writing.
Public Comment to HUD, re: Mixed Status Rulemaking (2019)
This comment voices our strong opposition to changes regarding the eligibility of families for financial assistance. This comment raises concerns not addressed by HUD that the proposed rule will increase homelessness and inflict the costs of housing instability on eligible families and on society as a whole. The proposed rule would result in many eligible individuals losing their housing and being exposed to housing instability and potential homeless. The rule will also exacerbate the existing crisis of a lack of affordable housing and result in fewer families being able to receive assistance, and would reduce the quantity and quality of assistance available for others. The effects would stretch beyond just immigrant families, as the resulting increase in housing instability and homelessness will result in greater costs to U.S. citizen families and their communities than it currently costs HUD to keep families stably housed and work toward self-sufficiency through these programs.
Letter to Montgomery, AL Mayor re: Panhandling Ordinance (2019)
The Law Center wrote this letter to urge the Mayor of Montgomery, AL to not sign an ordinance which prohibits panhandling in the City of Montgomery. Since the landmark Reed v. Gilbert case in 2015, every panhandling ordinance challenged in federal court—at 25 of 25 to date—including many with features similar to the ones in Montgomery, has been found constitutionally deficient. At least 31 additional cities have repealed their panhandling ordinances when informed of the likely infringement on First Amendment rights. The City’s ordinance not only almost certainly violates the constitutional right to free speech protected by the First Amendment to the United States Constitution, it is also bad policy, and numerous examples of better alternatives now exist which the City could draw on. We recommend the mayor and the city council to reconsider the ordinance and instead consider more constructive alternatives or risk potential litigation.
Letter to the Volusia County, FL Council re: First Step Shelter (2017)
