More states move to let residents sue their cities for failing to clear homeless
Georgia lawmakers sent legislation to the governor’s desk that, if adopted, would allow property owners to sue their cities and towns for not enforcing bans on homeless encampments. State politicians argued the legislation addresses “inhumane conditions,” while others called it a “nuclear bad policy.”
If Gov. Brian Kemp signs the bill, Georgia would be the third state to enact such legislation. Arizona and Florida have similar policies. The two states’ laws took effect on Jan. 1, 2025, and allowed property owners to pursue legal action against local governments they claimed failed to enforce bans on homeless encampments.
Arizona’s law, which voters approved in 2024, allows property owners to seek property tax reimbursements against local governments they believe don’t enforce laws aimed at eliminating encampments. Florida’s law permits owners to file civil lawsuits against the governments.
The Sunshine State’s law additionally allows counties to designate publicly-owned property for public camping or sleeping, which must be certified by the state Department of Children and Families, according to the Florida Association of Counties.
Activists said the bills don’t address homelessness, but instead “punish people who have no choice but to sleep outside,” Housing Not Handcuffs said on April 1.
“We’re seeing people in power stopping at nothing to dehumanize, marginalize, and attack people experiencing homelessness,” according to the organization.
In Georgia, state Rep. Houston Gaines, a Republican, said his legislation would hold municipalities accountable to the law, The Associated Press reported. He told the publication that allowing such sleeping arrangements to continue is neglect.
In June, Gaines said homelessness plagues his hometown of Athens. The representative is a candidate for a U.S. House of Representatives seat that U.S. Rep. Mike Collins, a Republican, is vacating for a Senate run.
“Unfortunately, the homeless problem continues to plague Athens, resulting in inhumane conditions for these individuals and safety issues for the entire community,” he wrote on Facebook.
Georgia bill passes after man’s death
Republicans passed Gaines’ bill in 2025 shortly after Cornelius Taylor was killed in Atlanta. Taylor was reportedly sleeping inside his tent when a bulldozer crushed him to death, the Atlanta Journal-Constitution reported in 2025.
Under the bill, a city or county could be held responsible if people are sleeping on sidewalks, urinating in public, loitering and panhandling, among other actions that are considered a “public nuisance.”
Gaines’ legislation has support from the Cicero Institute, a right-wing think tank. The group has advocated for states to ban homeless encampments, as they claimed those in the living arrangements commit more crimes than the general public. It said the bans would build on President Donald Trump’s July executive order targeted at removing people from the streets and placing them in mental health or drug treatment without their consent, The Associated Press reported. California has a similar model that operates via the state’s court system to involuntarily hospitalize unhoused people suffering from severe mental illness or addiction.
Georgia state Sen. Josh McLaurin, who’s a candidate in the state’s lieutenant governor race, told the AP that the bill is “nuclear bad policy.” He said that homeowners would be able to file lawsuits based on “spurious claims about causation” and waste a judge and jury’s time.
Bills across the nation target homelessness
The Housing Not Handcuffs organization reported that five states have either introduced or passed legislation that would establish homeless service zones and enable property owners to pursue civil litigation against governments.
Those states are Hawaii, Iowa, North Carolina, Oklahoma and Wisconsin.
Oklahoma’s bill — HB 3985— aims to replicate what Georgia passed. It was referred to the House Committee on Local and County Government on April 1.
Hawaii, Iowa and North Carolina have bills in committees that seek to criminalize drug use near homeless shelters or designated encampments. Wisconsin lawmakers passed a bill on criminalization in both chambers, but Gov. Tony Evers vetoed the bill on March 27.
“To address the intersecting issues of substance use disorders and housing, multiple policy avenues may need to be pursued,” Evers said in his veto note. “To be the most effective and prudent, these policies should be evidence-based, data-driven, and any use of criminal penalties should be carefully and thoughtfully considered.”
In Louisiana, lawmakers sought to make it illegal for someone to camp unauthorized on public property.
Indiana Gov. Mike Braun, a Republican, signed a bill similar to Louisiana’s on March 5 that lawmakers narrowly passed in the legislature that outlawed long-term camping on public property. The law also allows police to remove people within 58 hours of a warning, according to the Indiana Legislature. People who violate the law could face fines up to $500 or jail.
Ella Rae Greene, Editor In Chief
