Big Government Mandates Won’t Solve Homelessness in Indiana

HB 1662 is another in a string of big government bills that would have state elected officials substituting their opinions for the expertise of local Indiana officials. If passed, this bill would make sleeping on state or local public property a misdemeanor and would mandate that local law enforcement first provide a warning and then arrest Hoosiers who don’t have housing. 

It’s understandable that some elected officials and voters want a quick, easy answer to homelessness. People living their lives in our public spaces make some people uncomfortable, particularly when that causes crowding on a public sidewalk or space. But creating a new crime and mandating that local officials implement it regardless of whether they think it’s effective or humane is not the answer.

We won’t arrest our way out of homelessness. And if it becomes law, HB 1662, an unfunded one-size-fits-all mandate, would only make the problem worse. Arresting Hoosiers who are not committing crimes other than sleeping in public only deepens the hole they’re in. It also doesn’t help them with any long-term solution, and in many ways, makes long-term solutions harder to access. 

Because HB 1662 usurps local control and discretion, it commits scarce local resources to law enforcement instead of to treatment and housing. And local law enforcement agencies will end up spending those dollars to hold people in jails that are, in many cases, already over capacity and, in almost every case, ill-equipped to deal with mental health challenges.

Even more burdensome, local law enforcement will also be responsible for safely transporting and storing the belongings of anyone they arrest on the street. Courts continue to hold local jurisdictions responsible for the safe storage of the belongings of people they arrest for being homeless. This burden will not fall on the state legislature who passed HB 1662 but on the agencies, large and small, who don’t have personnel or space to collect, transport, and store the worldly possessions of people they arrest.

This is not a theoretical concern. The issue came up earlier this year in a hearing on SB 157, which set out procedures for removing squatters from private property. The Indiana Sheriff’s Association, who were neutral on that bill, testified that a big concern they have when arresting a squatter is the cost and liability that come with being responsible for that person’s possessions. But, this concern was not even a part of the Committee discussion on HB 1662 because legislators don’t understand the full consequences of substituting their judgement for the expertise of local officials.

The ACLU of Indiana believes in the decision making of local officials and the dignity of people without housing. We believe that instead of being a quick fix, an unfunded, big government mandate like HB 1662 will make the problem worse by increasing burdens on Hoosiers without housing, reducing discretion of local governments, and misdirecting scarce local taxpayer dollars.

The Indiana legislature has a role to play in funding local initiatives, bringing together experts, and making state agency resources more available to people living on our streets. In collaboration with local experts, civic and public health officials, and members of the homeless community, state leaders could make real progress on homelessness. But to do so, they’ll need to be more focused on problem solving and less on expanding state power.