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24 Loy. J. Pub. Int. L. 1 (2022-2023)
Sweeping Away Survival: How Anti-Homeless Laws & Practices Infringe on the Fundamental Right to Survive

handle is hein.journals/loyjpubil24 and id is 180 raw text is: Loyola Journal of Public Interest Law SWEEPING AWAY SURVIVAL: HOW ANTI-HOMELESS LAWS & PRACTICES INFRINGE ON THE FUNDAMENTAL RIGHT TO SURVIVE Lauren J. Hall' Abstract Building a community does not start with policing people for sleeping. People experiencing homelessness are threatened by law enforcement, ticketed, and arrested for surviving in public. Rather than finding sustainable solutions to systemically end homelessness, cities criminalize survival by enacting anti-homeless ordinances that result in carceral punishments. To enforce these laws, city municipalities conduct forced evictions or sweeps to clear individuals from homeless encampments which destroys personal property in the process. Sweeps are lethal because they directly correlate with record-breaking mortality rates within the chronically homeless population. Sweeping disenfranchises our unhoused community members from life- sustaining resources and criminalizes their survival. The Constitution honors our right to sustain survival under the Fourteenth, Second, and Eighth Amendments. The Supreme Court has set precedent that honors survival as an inherent fundamental right. This Comment seeks to prove that survival is fundamental within the Constitution and Court precedent, and that encampment removal methods directed at homeless communities are lethal and infringes on the fundamental right to survive. 1 Lauren J. Hall is a 2023 J.D. Candidate at Loyola University New Orleans College of Law. 1

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