ACLU is watching Mississippi's enforcement of anti-homeless laws. Here's why
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@gannett.com 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
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