Discriminatory legislation targets the activities and actions that many homeless people engage in, but due to the nature of these actions there have been questions of constitutional legitimacy in enforcing criminalization measures on the grounds that they are a violation of
civil rights. Examples of discriminatory criminalization includes restricting permitted areas used for sitting or sleeping, restrictions on panhandling, forced removals from an area, destruction of property, overly vague loitering and vagrancy laws, limiting bathroom access, prohibiting dumpster diving, punishing asocial or antisocial behavior, and unequal enforcement of the law. The criminalization of panhandling, destruction of property, and forced removal from public and private areas has been argued by opponents to be violations of the
First Amendment's protection of free speech and unlawful search and seizure. An
American Civil Liberties Union report cited the issues that arise from forced relocation in a report focusing on the city of
Los Angeles, which pushed homeless individuals to remote locations near the desert, far away from available food, water, and crucial services. The criminalization of sleeping or camping in public and private areas was ruled as unconstitutional by the
Ninth Circuit US Court of Appeals on the grounds that it is a violation of the
Eighth Amendment's protection from cruel and unusual punishment. The reasoning behind this argument was that homeless people should not be punished as long as homeless people lack the facilities to conduct these acts privately. In addition, despite
Title VII of the
Civil Rights Act of 1964 prohibiting employment discrimination, arguments have arisen over address requirements in job applications that can result in discrimination against homeless people. Since homeless individuals have no residence, they often list the address of homeless shelters in job applications and have subsequently reported being denied positions regardless of sufficient qualification and positive interview sessions before address disclosure.
Anti-camping legislation Anti-camping legislation prohibits a number of actions that target homeless people. The rules and regulations typically vary between municipalities, but some of the prohibited behaviors include sleeping on public or private property, setting up a tent or tent-like structure, or keeping property stored in unauthorized areas. The spaces where this behavior is prohibited can include parks, beaches, sidewalks, roads, under bridges, and other public and private areas. Anti-camping legislation in municipalities has increased because of the 2024 Supreme Court ruling in
Grants Pass v. Johnson, which states that the criminalization of homeless people sleeping in public areas or setting up encampments does not constitute as a violation of the Eighth Amendment. The repercussions of this ruling may include increased fining, arrests, and sudden relocations of individuals outside of city limits. Some of the concerns regarding this ruling include the threat of property loss during forced relocation, including personal phones, medication, and items of identification that can hinder prospects of future employment, housing, and safety if lost.
Lack of access to public restrooms According to the
National Alliance to End Homelessness, there was a total of 553,742 homeless people accounted for across the United States as of January 2017. Of those accounted for, 192,875 of them were unsheltered and lived in inhumane and unsafe conditions. Many unsheltered homeless camps are located in industrial districts and along highways, far away from public parks facilities where traditional public bathrooms are located. If local municipalities do not provide bathroom access, homeless people are left to urinate and defecate in the streets and waterways near their camps. The
University of Colorado Denver released a report highlighting the criminalization of homelessness across the state of
Colorado. The report found that 83% of the people interviewed said they were denied bathroom access because they were homeless. Without access to bathrooms, many unsheltered homeless people across the country are left to live in unsanitary conditions which, in turn, leads to public health concerns such as the hepatitis A outbreak in California during 2016–2018. A report in
The New England Journal of Medicine found that 649 people in California were infected with hepatitis A in 2017, and that most of those affected were homeless.
Anti-homeless architecture Some cities and towns have incorporated
hostile architecture, also known as defensive architecture, to deter homeless people through the use of uncomfortable designs that prevent sitting or sleeping. These designs include spikes, segregated benches, and gated doorways. Research conducted by
Crisis recorded that 35% of homeless people surveyed were unable to find a place to sleep as a result of the designs. In addition, a fifth of respondents reported experiencing other measures, such as intentionally disruptive sounds being played, to drive them out of area. As of 2024, 256,610 people experiencing homelessness are unsheltered, largely due to the predicament that there are only enough beds to accommodate 53% of the homeless individuals who need them. This leaves many homeless people with no other option than to sleep outside, which is made more difficult and degrading by hostile architecture and noise pollution. == Hate crimes and violence ==