Removing homeless encampments could be violation of human rights
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A group of homeless activists with the Poor People's Army gathers in Humboldt Park to draw attention to the issue of homelessness on August 17, 2024. Photo: Scott Olson/Getty Images
State officials are reminding local governments that removing unhoused people from parks could be a violation of their human rights.
Driving the news: The Illinois Department of Human Rights and the Illinois Office to Prevent and End Homelessness sent a letter last week to municipalities, emphasizing that all individuals — including those seeking shelter — must have non-discriminatory access to public spaces under the state's Bill of Rights for the Homeless Act.
Why it matters: The Chicago Coalition to end Homelessness (CCH) estimates that more than 75,000 people in Chicago are experiencing homelessness. Many shelter in parks and congregate in public places like the CTA and libraries.
- The letter is a reminder that it is within those individuals' legal rights to be in those spaces without harassment and removing them would allow them to file a complaint with IDHR.
Reality check: Municipalities could still cite trespassing laws as the reason for removal, but IDHR and advocates say removal and fines just for being unhoused is a violation.
Between the lines: Congregations of unhoused communities in parks can create a "not in my backyard" response from neighbors, sometimes leading to intervention by law enforcement and the removal of unhoused people.
- Mayor Brandon Johnson and the city were accused of clearing encampments near the United Center last summer so Democratic National Convention visitors wouldn't see unhoused people.
The latest: Chicago officials earlier this month cleared an encampment in Gompers Park in Mayfair. The mayor's office said they had connected all people who had been living at the park with a housing provider.
Yes, but: One Gompers Park resident told Block Club last week that the available housing was on the South Shore, which would make it difficult to get to his job on the northwest side.
Context: Peoria narrowly passed a law last year that prohibits encampments.
- Granite City and Alton have also enacted bans.
What they're saying: IDHR would not comment on Gompers Park, but says it was not targeting any particular city or town. The letter said "at least 25 Illinois communities have passed ordinances criminalizing unsheltered homelessness."
- "In issuing the letter, we sought to prevent incidents of discrimination with proactive guidance," IDHR spokesperson Addie Shrodes tells Axios.
- "What we've also heard from a lot of these municipalities that are passing these it's not their intention, they say, often, to actually cite and fine people under them," CCH attorney Melissa West tells Axios. "We've heard them called stick or a tool to, in their minds, encourage people towards resources, which the reality is, that's not how this goes, right?"
What's next: CCH is pushing for stronger provisions to protect unhoused people in the state.