A Dream Denied

The Criminalization of Homelessness in U.S. Cities

The housing and homelessness crisis in the United States has worsened in 2005, with many cities reporting an increase in demands for emergency shelter. In 2005, 71 percent of the 24 cities surveyed by the U.S. Conference of Mayors reported a 6 percent increase in requests for emergency shelter. Even while the requests for emergency shelter have increased, cities do not have adequate shelter space to meet the need. In the 24 cities surveyed in the U.S. Conference of Mayors Hunger and Homelessness Homelessness Survey for 2005 (pdf), an average of 14 percent of overall emergency shelter requests went unmet, with 32 percent of shelter requests by homeless families unmet. The lack of available shelter space – a situation made worse by the Gulf Coast hurricanes - leaves many homeless persons with no choice but to struggle to survive on the streets of our cities.

Over the course of the year, 3.5 million Americans experience homelessness. The number of people living on the streets threatens to grow as thousands of people are now homeless as a result of Hurricane Katrina. According to the Federal Emergency Management Agency, as of late November, approximately 50,000 hurricane evacuees remained in hotels and motels awaiting alternative housing options.

An unfortunate trend in cities around the country over the past 25 years has been to turn to the criminal justice system to respond to people living in public spaces. This trend includes measures that target homeless persons by making it illegal to perform life-sustaining activities in public. These measures prohibit activities such as sleeping/camping, eating, sitting, and begging in public spaces, usually including criminal penalties for violation of these laws.

This report is the National Coalition for the Homeless’ (NCH) fourth report on the criminalization of homelessness and the National Law Center on Homelessness & Poverty’s (NLCHP) eighth report on the topic. The report documents the top 20 worst offenders of 2005, as well as initiatives in some cities that are more constructive approaches to the issue of people living in public spaces. The report includes the results of a survey of laws and practices in 224 cities around the country, as well as a survey of lawsuits from various jurisdictions in which those measures have been challenged.

Full report (pdf)
20 Meanest Cities
1. Sarasota, FL
2. Lawrence, KS
3. Little Rock, AR
4. Atlanta, GA
5. Las Vegas, NV
6. Dallas, TX
7. Houston, TX
8. San Juan, PR
9. Santa Monica, CA
10. Flagstaff, AZ
11. San Francisco, CA
12. Chicago, IL
13. San Antonio, TX
14. New York City, NY
15. Austin, TX
16. Anchorage, AK
17. Phoenix, AZ
18. Los Angeles, CA
19. St. Louis, MO
20. Pittsburgh, PA