June 11th 2024.
As the use of laws that criminalize individuals without housing continues to grow in the United States, one particular law in Louisiana has sparked controversy. This law is aimed at penalizing panhandling, an activity that many homeless people engage in to make ends meet. However, both advocates for the unhoused and officials in New Orleans have voiced their concerns about this law, which was recently approved by the Louisiana State Legislature and is now awaiting a decision from Governor Jeff Landry.
According to Nola.com, politicians in New Orleans have pushed back against this proposed law. It was introduced by Republican State Representative Dixon McMakin of Baton Rouge, who believes that it will improve public safety. In a text message to Nola.com, McMakin stated, "It is about the safety of all people. Roads and right of ways where cars are were made for vehicles, not people to be in them."
Advocates for the unhoused have pointed out that similar laws in other parts of the country have been deemed unconstitutional due to First Amendment concerns for those who rely on public assistance. Eric Tars, the senior policy director for the National Homelessness Law Center, explained, "Instead of passing unconstitutional laws, cities and states must focus on addressing the dire lack of affordable housing and the resulting homelessness crisis."
In 2022, the United States Interagency Council on Homelessness warned against enacting laws that criminalize homelessness, stating that such laws only make the crisis worse. They stated, "Criminalization does not reduce the number of people experiencing homelessness. It breaks connections people had made with providers trying to help and exacerbates homelessness and the conditions that lead to it – such as health problems and racial disparities."
The 2024 Point In Time count revealed that the homeless population in New Orleans is primarily composed of Black individuals, but the number of Latinx individuals experiencing homelessness is rapidly increasing. However, when adjusted for population, Louisiana has one of the lowest rates of homelessness in the country, ranking third. Meghan Henry, the director of the Annual Homelessness Report, emphasized that homelessness is not a static experience. She told U.S. News & World Report, "Homelessness is an experience, and it's one that's incredibly fluid. People don't become homeless and stay homeless until they're not anymore. It's more of an in-and-out cycle."
Henry also noted that when there is a significant investment in policies to address homelessness at the state or federal level, there tends to be a decrease in homelessness. She pointed out, "The Bush administration put a lot of resources towards ending chronic homelessness, and during that period, that population declined nationally. Similarly, Obama then put a lot of resources towards helping veterans, and that population dropped."
To find effective solutions for homelessness, Louisiana could look to the city of Houston for inspiration. Mandy Chapman Semple, the architect of Houston's highly praised homeless strategy, emphasized the need for political leaders to adopt a more radical approach. She told Vox, "Every time we unnecessarily push someone through the criminal justice system, it affects their ability to find housing because every landlord runs a criminal background check. These nuisance charges create the perception that they're a criminal and not a good tenant, and it's also a waste of law enforcement resources."
In conclusion, the proposed law in Louisiana that criminalizes panhandling has faced opposition from various groups, and similar laws in other parts of the country have been struck down. Instead of punishing the homeless population, advocates and officials believe that addressing the root causes of homelessness, such as affordable housing, is the key to solving the issue. Furthermore, it is crucial for political leaders to embrace a more radical approach and invest in policies that will help individuals experiencing homelessness.
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