Imagine a domestic violence survivor sleeping in their car because it’s the safest option. Or a person working multiple low-wage jobs, saving for rent while sleeping in a forest preserve. These are real people in our communities. Ticketing and arresting them does not help them escape homelessness; it only worsens their situation by adding fines they cannot afford and creating a criminal record, which further blocks their path to stable housing and employment.
As elected officials serving communities across Illinois, we’ve taken an oath to serve all our neighbors — including the most vulnerable. The recent wave of criminalizing homelessness stems directly from the U.S. Supreme Court decision Grants Pass v. Johnson, a June ruling that allows municipalities to fine or arrest people experiencing homelessness for sleeping outside, even when no shelter is available. The court determined that such penalties do not violate the Eighth Amendment’s protections against cruel and unusual punishment.
Now, at least 25 Illinois municipalities have enacted “camping bans,” with more likely to follow. The penalties are severe: While these ordinances vary, the most common starts with a fine of $75, which can escalate to $2,500 in as little as seven days. If a person receives six citations within two years, they can face up to six months in jail.
These laws extend far beyond targeting encampments. They criminalize individuals for using anything as “bedding,” whether it’s a blanket, a piece of cardboard or any makeshift sleeping arrangement. They penalize people for being accused of using a public space as a “temporary place to live.” Families or individuals seeking shelter in a parked vehicle for two or more hours, whether asleep or awake, could be hit with fines and possibly a criminal record simply because they have nowhere else to go.
These laws don’t reduce homelessness. They push people deeper into crisis. Illinois already faces a shortage of more than 5,300 emergency shelter beds. For every 100 extremely low-income renters in our state, there are only 36 affordable and available homes. Rather than addressing these urgent housing gaps, these ordinances make it even harder for people to escape homelessness by overwhelming them with criminal records and debts they cannot pay.
Homeless people and advocates brace for Peoria’s new public sleeping ban
Homelessness represents the culmination of multiple systemic failures in our society. A person without shelter reflects an economic system in which even full-time workers cannot afford rent in our communities. It exposes health care infrastructure that fails to adequately address mental health needs and addiction treatment, leaving vulnerable individuals without critical support during their moments of greatest need. It reveals the gaps between our social services, where people fall through cracks in systems designed to catch them. Rarely is homelessness the result of a single wrong turn or a personal failure.
We believe most local governments are trying to do the best they can based on unjustly limited resources. Many work with faith-based organizations, volunteers, nonprofits, law enforcement, hospitals and other community partners to help people find shelter. Consider what Houston has achieved. It has reduced homelessness by 63% since 2012 through a housing-first approach that includes permanent supportive housing and rental assistance. These solutions provide stability and connect people with essential services to alleviate homelessness without criminalization.
That’s why we are working to pass House Bill 1429, which would ensure that homelessness is not treated as a crime in Illinois. This bill would not prevent local governments from managing public spaces or addressing legitimate safety concerns. Authorities had the power to do so long before the Grants Pass decision, and HB1429 does not take that away. It prohibits municipalities from imposing fines and criminal penalties on people with nowhere else to go.
We choose how we treat our most vulnerable neighbors. Illinois can build a more just and effective approach to homelessness that addresses systemic failures, or we can choose to criminalize people for surviving them.
The path of compassion isn’t just more humane. It’s more effective.
State Rep. Kevin John Olickal represents Illinois’ 16th District. Bonnie Kahn Ognisanti is the Niles Township supervisor.
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