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6 Geo. J. on Poverty L. & Pol'y 145 (1999)
Out of Sight - Out of Mind: The Continuing Trend toward the Criminalization of Homelessness

handle is hein.journals/geojpovlp6 and id is 151 raw text is: Georgetown Journal on Poverty Law & Policy Volume VI, Number 2, Summer 1999 FEATURES Out of Sight-Out of Mind?: The Continuing Trend Toward the Criminalization of Homelessness Maria Foscarinis, Kelly Cunningham-Bowers, and Kristen E. Brown* This Article examines the current trend in many American cities toward the criminalization of homelessness. This turn to the criminal justice system for solutions to homelessness is manifested by restrictions on the use of public spaces for sleeping or sitting, anti-begging laws, and police sweeps. The reasons cities most often cite for these get-tough policies are safeguarding public health and safety, promotion of economic vitality in commercial and tourist districts, and maintenance of the aesthetic quality of cities. But anti- homelessness laws are often found to be overly broad and to violate fundamen- tal rights of homeless. The authors contend that these get-tough policies only attack the symptoms of homelessness and do not address the deep social and economic roots of the problem. The authors instead point to constructive alternatives that work to make homeless people self-sufficient. The Article discusses a number of cities and Business Improvement Districts that have adopted more effective ap- proaches to homelessness. Such approaches have included providing opportu- nities for service providers to intervene and address the needs of homeless people prior to direct police involvement, providing places other than public streets for homeless people to be and perform necessary functions, and innovative methods for funding housing, shelter and services for homeless people. While the authors note that these are not solutions to the problem of homelessness, they contend that they represent positive approaches that rely on proactive solutions and represent a move away from flawed law enforce- ment approaches. * This article is a compilation of work of the Executive Director Maria Foscarinis (A.B. 1977, Barnard College; M.A. 1978, J.D. 1981, Columbia University), Staff Attorney Kelly Cunningham- Bowers (B.A. 1987, Miami University; J.D. 1990, The College of William & Mary), and Legal Advocate Kristen E. Brown (B.A. 1995, Mt. Holyoke College; J.D. 1998, Georgetown University) of the National Law Center on Homelessness & Poverty. The National Law Center would like to thank and acknowledge Catherine Bendor, Rick Herz, and Greg Christianson for their earlier, substantial, and excellent work upon which this article draws. The National Law Center is a not-for-profit organization established in 1989 by Maria Foscarinis to address issues related to homelessness and poverty at the national level. Based in Washington, D.C., the National Law Center works with local groups across the country to ensure that constitutional and other rights of homeless people are protected.

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