The discussion continues in Annapolis, Maryland, over a bill that would enshrine certain rights to homeless Marylanders.
“The Supreme Court decision in the City of Grants Pass, Oregon v. Johnson, has basically given a license for localities to move an unhoused person, even if there are no safe spaces for them,” said Democratic Del. Bernice Mireku-North, of Montgomery County, who sponsors House Bill 487.
The legislation, which has an identical bill filed in the state Senate, would allow homeless Marylanders to live and have their possessions in public spaces. Police would only be allowed to remove them from public parks and other spaces if those individuals have an alternative indoor option available.
It also prohibits Maryland cities and counties from outlawing vagrancy.
During a hearing about the bill before the House Judiciary Committee, Assistant Attorney General with the Civil Rights division David Prater spoke favorably about the new legislation.
“What this bill does is it restores a common sense rule that it is cruel and ineffective to criminalize people who are experiencing homelessness for merely existing in public spaces,” Prater said.
The bill does not give leeway for any criminal activity including violent crimes, harassment and even public urination.
Eric Tars, with the National Homelessness Law Center, testified in support of the legislation.
“The only reason someone doesn’t want this bill to pass is because they want to be able to arrest Maryland residents who can’t afford the rent, not for any violent crime, but just for the act of trying to sleep or shelter themselves,” Tars said.
The Talbot County Sheriff’s Office has vocally opposed the bill, even launching a video criticizing the legislation. Sheriff Joseph Gamble argued it would become far more difficult to maintain public spaces, like parks and even school grounds.
Other private citizens testified against it at the hearing last Wednesday.
“This bill allows for homeless individuals to live in public spaces and ensures privacy for their belongings,” Mimi Schwartz said. “That’s chaotic for the rest of us, and I believe, of no help to the homeless in the long run, because it normalizes homelessness instead of trying to fix it.”
She also argued that the rule could bring more homeless people to Maryland from other states where rules are stricter.
“Why don’t we continue to let each community decide what’s best for their residents, those with homes and without homes,” Schwartz said. “That’s part of the beauty of municipal governments. They get to decide some towns might want to help the homeless by working hard to fix the problem that typically led to homelessness.”
The bill’s sponsors said they are open to working on amendments to the legislation before a vote.
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