Why is Being Homeless Illegal?

What Happens When Cities Make Homelessness a Crime: Hiding The Homeless What Happens When Cities Make Homelessness a Crime: Hiding The Homeless | This video suggests that being homeless is illegal so that the city can get the homeless off the streets. Load video

Let's begin with a hypothetical. Raen Joel, a homeless man in San Jose, California starts his day in search of discarded cigarette butts and leftover food near his encampment.

Raen says he is constantly hassled by police.

"No one likes homeless people," says Raen. "People think homelessness looks bad or ugly or is not good for business."

While no laws against homelessness exist specifically, and most law enforcement officers would prefer to not ticket homeless people for not having a place to sleep, in almost every part of the world, the homeless are treated like criminals.

Here are the 2 most significant reasons why being homeless is illegal:

2) ALL LAND AND BUILDINGS ARE OWNED BY OTHER PEOPLE

In most parts of the world, being homeless is illegal because all the land and buildings are owned by other people. Private property is owned by non-homeless citizens and public property is owned by governments.

Because of property rights, homeless people don't have a legal right to sleep or remain anywhere. Anywhere a homeless person tries is inevitably owned by an individual or government. Only in circumstances in which a person has explicit permission to stay or sleep on a particular property is homelessness not illegal.

To be more specific, being homeless is illegal because it violates at least three common prohibitions: illegal camping, loitering, and leaving possessions unattended.

illegal camping

The first reason why being homeless is illegal is because camping outside a campground is illegal. And campgrounds want people to pay for being there. Illegal camping usually occurs when a homeless person pitches a tent or sleeping bag on a property that they do not own. Since almost everywhere one can go land is owned by either the government or an individual, if a homeless person needs a place to sleep, they need permission to do so legally. They need permission, for example, from the City Parks Commission to sleep on the grass in a park that is owned by the
Commission.

Laws against illegal camping are a problem for homeless individuals because most people and organizations are unwilling to permit to allow the homeless to live or sleep temporarily on their property. Only a few places allow this, and most want the homeless to pay.

Many people in the public assume that homeless people can just go to homeless shelters. But homeless shelters are almost always full. Thus, when a person needs to catch some zees, often the only way to do so is by breaking the law.

So the first reason that being homeless is illegal is that camping on property that a person doesn't own is illegal. Property rights exist against that.

loitering

Also because all property is owned by other people, being homeless is illegal because the homeless have no place to remain. By definition, that's what homelessness is. Being homeless means having no place of one's own to remain.

Not having a place to remain, the homeless often are forced to overstay their welcome on public or private property. This, in almost every part of the world, of course, is illegal. Remaining without permission on another person's property is commonly referred to as loitering.

Thus, being homeless is also illegal because left with no other choice, the homeless are forced to loiter. Not even parks allow homeless people to remain overnight.

leaving possessions unattended

Finally, in addition to illegal camping and loitering, because all land and buildings are owned by people other than the homeless, being homeless is illegal because leaving possessions unattended on a property without permission is illegal.

This is also a problem for homeless people because the homeless often must leave possessions unattended somewhere for at least three reasons.

First, homeless people need blankets. It gets really cold some nights while sleeping outside of a building. So the homeless keep blankets as a necessity to keep warm. Blankets, however, cannot be carried everywhere.

One cannot carry three blankets into the grocery store, for example, while trying to grab dinner. Nonetheless, laws exist against leaving blankets in public unattended. Without a place to leave possessions, the homeless are forced to break the law.

Second, homeless people need clothing. They usually don't have an overabundance of clothing since they can only carry so little, but even toting around a few shirts and jeans in a backpack, in addition to everything else one owns, is nearly impossible.

Finally, the homeless need to leave possessions unattended somewhere because they often keep miscellaneous items like toothbrushes, toothpaste, cups, food, and silverware to name a few.

Carrying around all of these constantly, because they have no place to remain, at least without a shopping cart, is also near impossible. But, of course, stealing a shopping cart is illegal. So the homeless can't win. The homeless are often forced to break laws related to leaving possessions unattended somewhere.

Thus, the final reason why being homeless is illegal is because leaving possessions unattended is illegal in most areas, and it is near impossible for the homeless not to do so.

In short, being homeless is illegal because all land and buildings in the world are owned by people other than the homeless, and because of this, the homeless have no place to sleep, remain, or leave possessions without breaking the law.

Thus, being homeless is illegal because all land and buildings are owned by someone else.

1) LAWS EXIST AGAINST PANHANDLING

Finally, the last reason why being homeless is illegal is homeless people are often poor and so they are often hungry. Because they are hungry, the Homeless are often forced to panhandle. They are forced to panhandle to attain food money and other necessities. But in many parts of the world, panhandling is illegal.

Panhandling is viewed as a nuisance to society and so laws exist to prohibit it.

Thus, the final reason why being homeless is illegal is because panhandling is illegal.

FINAL THOUGHTS

It might be said that homelessness is not illegal and that living and sleeping outside breaks no laws. That while laws do exist against sleeping outside on someone's property, so long as the homeless avoid those places and only sleep on public property, being homeless is perfect.

But this is simply incorrect. While in most parts of the world no laws exist specifically against a person not owning or having a place to sleep and remain, the many laws that prevent the homeless from doing so legally render being homeless illegal. Not even on public property are the homeless permitted to sleep in most parts of the world.

But being homeless should not be illegal.

summary

Being homeless is illegal for 2 main reasons:

First, all land and buildings are owned by other people. Because of property rights laws, and the homeless having no other legal options, the homeless are often forced to illegally camp, loiter, and leave possessions unattended. In most areas, these acts are illegal.

Second, because the homeless are often poor and hungry and many parts of the world have laws against panhandling, the homeless are often forced to break the law. They must do so by necessity to scrounge up well-needed food and other items.

So being homeless is illegal because all land and buildings are owned, and laws exist against panhandling.

conclusion

So the next time you see a homeless person, think about their situation as being illegal. Then, take a moment out of your day to troubleshoot how to make it not.