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Yahoo
07-07-2025
- Politics
- Yahoo
ACLU is watching Mississippi's enforcement of anti-homeless laws. Here's why
The American Civil Liberties Union is planning to monitor law enforcement agencies in Mississippi to ensure the enforcement of new anti-homelessness laws doesn't violate the rights of people living on the street. If the organization, which is already suing the state for a Diversity Equity and Inclusion ban, finds any constitutional violations, it may bring forth a lawsuit. "The ACLU of Mississippi's whole purpose is to make sure that Mississippians have their rights respected," said Joshua Tom, ACLU of Mississippi legal director. "If under these anti-camping, anti-solicitation laws, homeless people are having their rights violated, we're certainly interested in remedying that if we can." In the 2025 regular session, lawmakers passed House Bill 1197 and 1203. Under the new laws, people can no longer camp on public property not specified for camping or panhandle without a permit. Those who solicit for donations will need to obtain a permit that can cost up to $25 every day. The panhandling law will require a county, municipality or "political subdivision" to establish a place for panhandlers to obtain permits. Local governments can opt out of the permit law within six months of the bill taking effect via a vote. Homelessness laws: Jackson and Capitol police are not fully prepared to enforce anti-homeless bills on July 1 Violating the policies also could result in hundreds of dollars in fines and months-long jail sentences for individuals living or illegally panhandling on the street. Tom told the Clarion Ledger there are several ways law enforcement could violate peoples' rights in the attempt to enforce the new laws surrounding homelessness. Specifically, there could be constitutional violations if the new laws prevent forms of speech or seek to control what people can say in public, such as asking for donations in public spaces or also if the laws are far too broad. When it comes to camping on public property, the United States Supreme Court has found it's not considered a cruel or unusual punishment to ban encampments in public spaces not designated for camping. However, Tom said that if law enforcement were to discard a homeless person's property without due process, like making sure it wasn't just garbage, that could be seen as violating their rights. Under the law, police must give a written or oral notice 24 hours prior to removing someone camping on public property and their belongings. DEI lawsuit: Judge considers blocking DEI ban enforcement in Mississippi. What to know Once the person found camping illegally is charged, HB 1203 specifies that any other illegal items found at the campsite, such as possession of narcotics, can also be tacked on as separate charges for example. "If anybody's out in public, and they have a backpack and the police come and just take the backpack and throw it away, that would be a possible violation of your rights." Department of Public Safety Commissioner Sean Tindell told the Clarion Ledger last week that Capitol Police likely would discard any belongings of homeless people found violating the camping law. "We're not going to take the position that it is our duty to store it for you," Tindell said. "We're not going to become a storage facility for those individuals. It will probably end up in a dump or some sort of trash bin." The actions now being taken by the ACLU also seem to be a follow up to a statewide campaign the organization conducted several years ago to convince municipalities to revoke ordinances making it more difficult to be homeless. "The evidence shows that these types of laws criminalize basic activities that homeless people have to do in order to survive," Tom said. "Criminalizing basic activities necessary to live has been shown through many cities through many areas to be ineffective. It does not solve homelessness; it does not get rid of homelessness … It just puts them further in the hole for having fines and fees to the court, having to try to get back on their feet, etcetera." The author of the bills, Rep. Shanda Yates, I-Jackson, did not respond to requests for comment by press time. As of Friday, June 28, both Capitol Police and Jackson Police Department leadership said they had not yet finished adopting policies to enforce the new homelessness laws. Grant McLaughlin covers the Legislature and state government for the Clarion Ledger. He can be reached at gmclaughlin@ or 972-571-2335. This article originally appeared on Mississippi Clarion Ledger: MS anti-homelessness laws go into effect July 1. Why ACLU is watching
Yahoo
07-07-2025
- Politics
- Yahoo
Jackson and Capitol police are not fully prepared to enforce anti-homeless bills on July 1
Days before two pieces of anti-homeless legislation come into effect on July 1, Jackson's most prominent law enforcement agencies said they are not fully prepared to enforce restrictions aimed at homeless encampments and solicitation of donations. The Legislature about three months ago passed the restrictions, which essentially make law enforcement a singular tool to address the state's multi-faceted homelessness problem, Mississippi's American Civil Liberties Union Legal Director Joshua Tom told the Clarion Ledger. The broad authority given to local authorities to enforce the new laws could put the state in legal trouble, Tom said. "If you have this wide-ranging authority to prevent people from sleeping, to take their property, to prevent them from asking for money, etcetera, it just allows a lot of potential interactions with law enforcement that could result in the violations of people's rights," Tom said. Once the new laws, House Bill 1197 and 1203, take effect July 1, people can no longer camp on public property not specified for camping. Those who solicit for donations will need to obtain a permit that can cost up to $25 every day they panhandle. Violating the policies could result in hundreds of dollars in fines and months-long jail sentences. Permits will require a county, municipality or "political subdivision" to establish a place for panhandlers to obtain permits. Local governments can opt out of the permit law within six months of the bill taking effect via a vote. Rep. Shanda Yates, I-Jackson, who authored the bills, did not respond to requests for comment on this story. However, during the 2025 regular session, she and several conservative lawmakers argued the bills sought to address safety concerns with homeless people soliciting donations on roadways and homeless encampments creating blight on public properties. Tom said the Mississippi ACLU will monitor law enforcement's enforcing of the new laws, fearing they could worsen homelessness in Mississippi. "The evidence shows that these types of laws that criminalize basic activities that homeless people have to do in order to survive, such as sleeping in a public space, having their belongings in a public space, criminalizing basic activities necessary to live … does not solve homelessness, it does not get rid of homelessness," Tom said. "Instead, what it does is creates a cycle of interactions, arrests, fines and fees, sometimes jailing and destruction of property of homeless people." Bobby Sherman, a panhandler who lives in Jackson, said he doesn't believe the new set of laws are fair and will be difficult to enforce. He also feels it could punish people trying to avoid committing crimes such as robbery or theft for income. "I think they are going to have a problem with it, because there are a lot of people who do it," Sherman said. "They would rather do this than stealing from people. (The county) doesn't have room to put half of these murderers (in jail), much less people like me who are just panhandling. I feel like they should be focused on that." Mississippi Department of Public Safety Commissioner Sean Tindell told the Clarion Ledger under the new panhandling statute, Capitol Police are "working on finalizing" what the permits will look like and how the application process will function. Tindell said the plan will likely require officers to verify identification for permit requests, which can include several forms of government identification. "The plan will be to have those permits available for requests at the Capitol Police headquarters," Tindell said, adding that Capitol Police will charge people $25 per permit. "We can issue one permit for each location in the Capitol Complex Improvement District." According to Tindell, Capitol Police, currently staffed at 160 officers, aimed to grow to 200 to meet the new laws' demand despite "budget cuts and legislative reductions." "I think ultimately, it is a good policy," Tindell said. "I think it's a good thing." Tindell said Capitol Police will enforce the encampment bill, which allows for a 24-hour notice for people to vacate an area before police remove the campsite and any materials. "We're not going to take the position that it is our duty to store it for you," Tindell said. "We're not going to become a storage facility for those individuals. It will probably end up in a dump or some sort of trash bin." Additional laws go in-effect on July 1: What new Mississippi laws take effect July 1? Tax changes and more; here's a rundown Tindell said the encampment bill prohibits camping on public property unless designated by the city or county, and Tindell said he is unaware of any. "I think in each city it's going to be incumbent upon them to maybe decide which, if any, areas that will be allowed," Tindell said. Even before the bills will have taken effect, law enforcement in the Jackson area has in the past pushed homeless people off of public grounds, which the Clarion Ledger identified last year. In Jackson, many unhoused people reside in wooded areas. Tindell said that could create a dilemma for private property owners on whether to press trespassing charges or let them stay. Tindell said that some of the unhoused individuals are also dealing with mental health issues and added, "that's where I say the state might have to also get more involved." Tindell said the state must determine how to treat and manage individuals in crisis and decide on appropriate actions once their situation is identified. New development in Merit Health murder: Patient accused of killing Wendy Gilbreath at Merit Health seeks trial delay. What we know "Just arresting them, taking them to jail and them getting released, really isn't going to solve anything," Tindell said. "Housing them at the jail isn't really a good option either because then we're paying for that, and you're putting them in an environment that isn't addressing the underlying mental health problems that they might be suffering from." So, what are the alternatives, the Clarion Ledger asked Tindell. "Well, hopefully there are a lot of nonprofits that would consider helping them whether it's churches or other groups that can also step up," Tindell said. "I think these organizations have been there and been willing to help to the extent that they can. Unfortunately, it's not an easy problem to address." Tindell warned that without addressing homelessness, the consequences could ripple across the community, affecting unhoused individuals, local businesses and residents alike. The fallout, he said, includes a decline in tax revenue, plummeting property values and a rise in urban blight. Jackson Police Chief Joseph Wade told the Clarion Ledger he is "excited" and is looking "forward to fully enforcing these new state laws." Wade said the laws will improve community appearance, reduce panhandling at intersections in areas like County Line Road and Lakeland Drive. Most importantly, Wade said, the new laws layout some form of guidelines for police on how to respond to panhandling- and encampment-related incidents. "These laws give us teeth," Wade said. "We were dogs barking without teeth. Now we have teeth." Suspect arrested after victim dies: Granddaughter of civil rights activist dies after shooting in Jackson As of June 24, Wade said the Jackson Police Department is working with its legal department and the City of Jackson's permit department to "build out what the permits look like." "As they roll out what the training looks (like) for us, we will discuss what we will be enforcing and what the fines and penalties look like," Wade said. "We're working on creating a policy, because we're the poster children for getting sued. We're going to develop a policy on how to deal with squatters, how to deal with this homeless population and how to deal with panhandling." Wade acknowledged there could be lawsuits filed after July 1 but said he also expects service calls to increase from its weekly 4,000 which may further strain officers. "That's why I have enlisted my legal department to train all 265 JPD officers on this legislation," Wade said. "Because, again, we have to have a policy. We're not discriminating against anybody. We are law enforcement. We're there to arrest somebody for breaking the law." Judge could block state's DEI ban: Judge considers blocking DEI ban enforcement in Mississippi. What to know Wade said he believes the department has the resources, including the manpower to enforce the laws, but when a case reaches the courts "that's another story." "If you talk to the Sheriff of Hinds County right now, he'll tell you he has over 800 people in jail. So, we have to see what type of strain that's going to put on his facility," Wade said. "… If you fine a homeless person, how are they going to pay that fine?" Pam Dankins is the breaking news reporter for the Clarion Ledger. Have a tip? Email her at pdankins@ Grant McLaughlin covers the Legislature and state government for the Clarion Ledger. He can be reached at gmclaughlin@ or 972-571-2335. This article originally appeared on Mississippi Clarion Ledger: Local police are preparing to enforce anti-homeless bills on July 1
Yahoo
30-06-2025
- Politics
- Yahoo
ACLU is watching Mississippi's enforcement of anti-homeless laws. Here's why
The American Civil Liberties Union is planning to monitor law enforcement agencies in Mississippi to ensure the enforcement of new anti-homelessness laws doesn't violate the rights of people living on the street. If the organization, which is already suing the state for a Diversity Equity and Inclusion ban, finds any constitutional violations, it may bring forth a lawsuit. "The ACLU of Mississippi's whole purpose is to make sure that Mississippians have their rights respected," said Joshua Tom, ACLU of Mississippi legal director. "If under these anti-camping, anti-solicitation laws, homeless people are having their rights violated, we're certainly interested in remedying that if we can." In the 2025 regular session, lawmakers passed House Bill 1197 and 1203. Under the new laws, people can no longer camp on public property not specified for camping or panhandle without a permit. Those who solicit for donations will need to obtain a permit that can cost up to $25 every day. The panhandling law will require a county, municipality or "political subdivision" to establish a place for panhandlers to obtain permits. Local governments can opt out of the permit law within six months of the bill taking effect via a vote. Homelessness laws: Jackson and Capitol police are not fully prepared to enforce anti-homeless bills on July 1 Violating the policies also could result in hundreds of dollars in fines and months-long jail sentences for individuals living or illegally panhandling on the street. Tom told the Clarion Ledger there are several ways law enforcement could violate peoples' rights in the attempt to enforce the new laws surrounding homelessness. Specifically, there could be constitutional violations if the new laws prevent forms of speech or seek to control what people can say in public, such as asking for donations in public spaces or also if the laws are far too broad. When it comes to camping on public property, the United States Supreme Court has found it's not considered a cruel or unusual punishment to ban encampments in public spaces not designated for camping. However, Tom said that if law enforcement were to discard a homeless person's property without due process, like making sure it wasn't just garbage, that could be seen as violating their rights. Under the law, police must give a written or oral notice 24 hours prior to removing someone camping on public property and their belongings. DEI lawsuit: Judge considers blocking DEI ban enforcement in Mississippi. What to know Once the person found camping illegally is charged, HB 1203 specifies that any other illegal items found at the campsite, such as possession of narcotics, can also be tacked on as separate charges for example. "If anybody's out in public, and they have a backpack and the police come and just take the backpack and throw it away, that would be a possible violation of your rights." Department of Public Safety Commissioner Sean Tindell told the Clarion Ledger last week that Capitol Police likely would discard any belongings of homeless people found violating the camping law. "We're not going to take the position that it is our duty to store it for you," Tindell said. "We're not going to become a storage facility for those individuals. It will probably end up in a dump or some sort of trash bin." The actions now being taken by the ACLU also seem to be a follow up to a statewide campaign the organization conducted several years ago to convince municipalities to revoke ordinances making it more difficult to be homeless. "The evidence shows that these types of laws criminalize basic activities that homeless people have to do in order to survive," Tom said. "Criminalizing basic activities necessary to live has been shown through many cities through many areas to be ineffective. It does not solve homelessness; it does not get rid of homelessness … It just puts them further in the hole for having fines and fees to the court, having to try to get back on their feet, etcetera." The author of the bills, Rep. Shanda Yates, I-Jackson, did not respond to requests for comment by press time. As of Friday, June 28, both Capitol Police and Jackson Police Department leadership said they had not yet finished adopting policies to enforce the new homelessness laws. Grant McLaughlin covers the Legislature and state government for the Clarion Ledger. He can be reached at gmclaughlin@ or 972-571-2335. This article originally appeared on Mississippi Clarion Ledger: MS anti-homelessness laws go into effect July 1. Why ACLU is watching
