Changing Laws, Changing Lives

April 2021

 

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Dear Friends—
 
The National Homelessness Law Center team welcomes our newest member, Antonia Fasanelli, back to the Law Center as our Executive Director.
 
As we embark on this journey, we look forward to growing as an organization and sharing this growth with you. Our growth will include a renewed commitment to become anti-racist.  We use this occasion to reflect on the role of the legal community and of nonprofits – including our own organization – in upholding attributes of white supremacy. In our communications, we will be intentional in dismantling white supremacy and will diversify our voice as we work actively to create an anti-racist world. Going forward, we will highlight and showcase all of our voices – including us as staff, our partners in the field, and our neighbors and team members with lived experiences of homelessness and housing instability. We are excited to share our voices with you.
 
We are committed to being the change we want to see in the world.
 
Sincerely,
 
The Staff of the National Homelessness Law Center
 
Melissa Anoh - Program and Networks Vista
Rajan Bal - Housing Not Handcuffs Campaign Manager
Karianna Barr - Director of Development & Communications
Tristia Bauman - Senior Attorney
Antonia Fasanelli - Executive Director
Whittni Holland - Development Associate
Steve Kennedy - Legal Intern
Carlton Martin- Pro Bono Manager
Sarah Riley - Development & Communications Vista
Brandy Ryan - Staff Attorney
Nitan Shanas - Policy Intern
Deborah Shepard - Operations Manager
Eric Tars - Legal Director
 

 

 

 
Progress on Ending Homelessness: President Biden’s First 100 Days
 
Follow our Scorecard on Priorities to End Homelessness[[link removed]]! 
 
Earlier this year the Law Center published its recommended priorities to end homelessness in America[[link removed]] for the Biden-Harris administration’s first 100 days. With pro bono support from our partners at Akin Gump[[link removed]], we have created a scorecard[[link removed]] which evaluates to what extent these housing priorities have been met. The scorecard assigns Green, Yellow, or Red ratings, and is updated weekly on our website[[link removed]].
 
Green[[link removed]]
Reaffirm Housing Is a Human Right Plan a Comprehensive COVID Relief Package Replace Robert Marbut at USICH Reverse Ban on Federal Equity Training Rescind the Proposed Changes to the Equal Access Rule
Yellow[[link removed]]
Extend Eviction Moratorium Cease Displacements of People Experiencing Unsheltered Homelessness Support Non-Congregate Shelter Find, Enroll, and Support Missing Homeless PreK-12 Students Rescind the Proposed Changes to the Mixed Status Rule Rescind the Proposed Changes to AFFH Rescind Proposed Changes to the Disparate Impact Standard Fund Universal Housing Assistance Raise the Federal Minimum Wage to a Housing Wage Ensure Adequate Supportive Housing Fund the National Housing Trust Fund and Low-Income Housing Tax Credits Protect Domestic Violence Survivors
Red[[link removed]]
Direct Agencies to Cease Criminalizing Homelessness Identify Immediately Available Vacant Property Refocus USICH Strategic Plan Add USICH to the Domestic Policy Council Add Seats on USICH Council for Persons with Lived Experience Create a Housing Justice policy team at the Domestic Policy Council Re-Institute the Department of Justice Office of Access to Justice Get Housing Payments to People Unable to Work Waive Restrictions to Access to Housing and Homeless Assistance Strengthen Title V of the McKinney-Vento Act Eliminate Criminalization of Homelessness and Create Adequate Housing Create Federal Incentives for De-criminalizing Homelessness Require Infrastructure Programs for Displaced Encampments Prohibit Source of Income Discrimination Ensure Eviction Right to Counsel Ensure Individuals are Released into Housing Ensure Families are Not Separated Due to Homelessness Protect Homeless Children and Youth
Thank you to Akin Gump[[link removed]] for pro bono assistance in creating the Scorecard website[[link removed]].
 
Litigation Round Up
 
The Law Center is proud to have worked on the following cases to ensure the rights and protections of our unhoused neighbors:
In McArdle v. Ocala, the Middle District of Florida directed the city of Ocala to stop enforcing camping bans unless accessible shelter beds are clearly accessible. The ACLU of Florida[[link removed]], Southern Legal Counsel[[link removed]], and the AP Law Group[[link removed]] persuaded the court to distinguish the 11th Circuit’s Joel v. Orlando case, where the city had ample shelter capacity. Instead, the court found Ocala’s situation was more similar to Boise, in the Law Center’s Martin v. Boise case, which did not have adequate shelter capacity. Beyond the win for the homeless plaintiffs in Ocala, the legal reasoning used in the case affirms the similarities between this and the Martin v. Boise case, providing stronger legal grounding for people experiencing unsheltered homelessness throughout U.S. Circuits.
In Sausalito/Marin County Chapter of the Homeless Union v. City of Sausalito, the Sausalito/Marin County Chapter of the Homeless Union and residents of a local encampment prevented the City of Sausalito from breaking up a local encampment during the pandemic. Finding that the proposed enforcement actions “creates a risk to the health and safety of the [encampment residents], as well as the general public”, the court granted Plaintiffs’ motion[[link removed]] and stopped the City from breaking up the encampment and enforcing the day camping ban.
In In Re Linda Durnin et. al., the Texas Supreme Court rejected[[link removed]] a request by local business leaders to remove language mentioning criminal penalties from a ballot measure that would reinstate Austin’s bans on camping, sleeping, and sitting or lying. The Law Center, with the assistance of the Law Office of Joseph Abraham[[link removed]], submitted an amicus brief[[link removed]] highlighting the impact of re-criminalizing homelessness in Austin
In Oklahoma City v. McCraw, the U.S. Supreme Court rejected[[link removed]] a request to overturn a 10th Circuit decision[[link removed]]. This rejection means that the Circuit decision, which struck down an anti-panhandling ordinance, is maintained under First Amendment right to ask for donations. The Law Center consulted with the ACLU of Oklahoma[[link removed]] on the case, which built on previous cases the Law Center has been involved with in strengthening precedent protecting people’s right to ask for help[[link removed]].
In Warren v. Chico, the Eastern District of California granted[[link removed]] a Temporary Restraining Order prohibiting enforcement of anti-camping ordinances and stopping a sweep of the Comanche Creek Green Way homeless encampment. The Law Center consulted with Legal Services of Northern California[[link removed]] who brought the case, building on the Law Center’s victory in Martin v. Boise.
In Colorado v. Wiemold, the District Court of Larimer County, Colorado, dismissed a criminal case enforcing an anti-camping law. In the case, a homeless individual could not access the shelter in town due to the shelter’s rules. Citing the Ninth Circuit’s Martin v. Boise ruling as well as the 4th Circuit’s ruling in Manning v. Caldwell, the court reasoned that while the shelter may have had open beds, these were inaccessible to Mr. Wiemold. This case builds on ongoing collaboration between the Law Center and the ACLU of Colorado[[link removed]].
Proposed Legislation to Further Criminalize Homelessness
 
Amidst the ongoing struggles of the COVID-19 pandemic, several states have proposed new legislation which would further criminalize homelessness—against Law Center recommendations[[link removed]]. Lawmakers in Arizona[[link removed]],[[link removed]] Texas[[link removed]], and Tennessee[[link removed]] proposed statewide camping bans which would make sleeping on public land a misdemeanor.
 
In Arizona, a recently introduced state bill would make camping on state property a class 3 misdemeanor[[link removed]]. Thankfully, the bill died in committee thanks to local advocacy work. The bill would also put cities and towns at risk of losing state public safety grants if they do not ban street camping in public places—thereby forcing people experiencing homelessness into state-sanctioned camps.
 
Lacking local and expert input, this bill did not address issues of housing and homelessness in a way that is legal or equitable for those living in Arizona.
 
Similarly, Texas Senate Bill 987[[link removed]] would establish a statewide public camping ban and impose fines and penalties for camping in a public place. SB 987 doesn’t provide resources or solutions to get people out of tents, but it does impose possible jail time and fines for those who cannot afford shelter. The Law Center created a fact sheet[[link removed]] to share with local advocates and wrote a letter in opposition[[link removed]] to this bill.
 
Lastly, Tennessee lawmakers introduced State Senate bill 1610/HB 978 which 
sought to make soliciting or camping on a state or interstate highway or under a bridge or overpass a Class C misdemeanor[[link removed]] offense. It would also make it a Class E felony for anyone to camp on state-owned property not designated for camping use. Fortunately, SB 1610 also died in committee[[link removed]] thanks to coordinated local opposition.
 
Both the Texas and Arizona bills were pushed forward by the Cicero Institute[[link removed]], a Texas-based think tank which is advocating for anti-camping bills in several states across the country.
 
 

News from the Law Center
 
The Law Center Has a New Executive Director
 
We are so excited to introduce our new Executive Director, Antonia Fasanelli! For thirteen years, Antonia was Executive Director of the Homeless Persons Representation Project[[link removed]], Inc. (HPRP), a Maryland-based civil legal aid organization committed to changing the systems that contribute to poverty and homelessness.  She was previously with the Washington Legal Clinic for the Homeless[[link removed]], where she led the Affordable Housing Initiative. She has chaired the American Bar Association’s Commission on Homelessness & Poverty[[link removed]], the Legal Services Committee of the ABA Commission on Veterans Legal Services and currently co-chairs the Economic Justice Committee of the ABA Section on Civil Rights and Social Justice. You can read more about her on our staff page[[link removed]].

 

 

Law Center in the Media[[link removed]]
 
For updates on the Law Center in the News, see here[[link removed]]!
 
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Changing Laws. Changing Lives.
The National Homelessness Law Center (formerly the National Law Center on Homelessness & Poverty) is the only national organization dedicated solely to using the power of the law to end and prevent homelessness. With the support of a large network of pro bono lawyers, we address the immediate and long-term needs of people who are homeless or at risk through outreach and training, advocacy,
impact litigation, and public education.
www.nlchp.org[[link removed]]

 

 
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National Homelessness Law Center (formerly the National Law Center on Homelessness & Poverty)
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