ACLU, Homelessness Advocacy Orgs Criticize Proposed East Lansing Ordinance
In an eight-page letter, the American Civil Liberties Union of Michigan, the Michigan Coalition Against Homelessness and the National Homelessness Law Center urged the East Lansing City Council to reject an ordinance banning public camping and loitering in parking areas.
Ordinance 1560 would prohibit camping on public property and impose fines of up to $200 and jail sentences of up to 30 days.
City Council has heard extensive public comment both for and against the ordinance and postponed a decision on the ordinance at its Jan. 6 meeting, ultimately deciding to wait on a vote so the language could be studied more closely.
“Incarcerating people for trying to meet their most basic survival needs is precisely the ‘unusual’ type of punishment that the Michigan Constitution forbids,” the letter from the advocacy groups states, adding that sleeping and sheltering are biological necessities, particularly during harsh Michigan winters.
East Lansing Info reached out to City Council members and City Manager Robert Belleman for comment. This story will be updated if responses are received.
Ordinance 1560 defines loitering as “to remain in a place for no obvious reason or a reason other than the purpose for which the place exists.” The organizations criticized the definition as “unconstitutionally vague” and similar to loitering laws that have previously been struck down by the U.S. Supreme Court.
The advocacy groups also argue in the letter that loitering charges are unfairly applied to unhoused individuals, noting that all pedestrians may linger in public spaces at times, but those who do not appear homeless are typically only asked to move along.
“Our unhoused neighbors deserve the same grace,” the letter reads.
The organizations contend that the root issue of homelessness is lack of affordable housing, not enforcement of laws targeting the behavior of unhoused individuals. Citing data from Harvard University’s Joint Center for Housing Studies, the letter states that nearly 50% of East Lansing renters are cost-burdened, with almost half of those experiencing severe cost burdens.
“Under the Proposed Ordinance,” the letter reads, “one of those hardworking residents, or an elder on fixed income, who loses their housing because their rent is too high and there is nowhere else for them to rent, would likely be criminalized and thrown in jail just for trying to keep out of the weather.”
Instead of adopting the ordinance, the organizations offered recommendations including investment in permanent supportive housing, zoning changes to expand affordable housing, increased tenant protections, and seeking additional funding from state and federal governments.
Addressing the impact on local law enforcement, the letter’s authors argue the ordinance would divert police resources away from serious crime and increase the risk of dangerous encounters between law enforcement officers and civilians, eroding community trust.
“Negative interactions with law enforcement can leave unhoused people skeptical of all government workers,” the letter said. “These unnecessary police encounters can make it difficult or even impossible for government-employed service providers to connect unhoused people with shelter and other welfare services.”
To support their position, the letter points to examples of communities that have taken alternative approaches. In Gainesville, Florida, a homeless encampment of 222 people was relocated to a temporary site and connected with service providers. In less than two years, 150 individuals obtained permanent housing, and the process resulted in no arrests.
Whether the letter will influence council action on the ordinance remains unclear. A first reading of ordinance amendments enacting the camping and loitering bans is on the consent agenda of the Feb. 3 City Council meeting. The ordinances could be adopted at a future meeting, if council passes a first reading.
Disclosure: ELi Managing Editor Lucas Day previously interned for the Michigan Coalition Against Homelessness. He did not write or edit this story.
Correction: This story initially incorrectly stated the ordinance readings are not on the Feb. 3 meeting agenda. They are on the consent agenda.
