ATLANTA — A bill aimed at allowing property owners to seek compensation from local governments for not enforcing laws against homeless encampments and sanctuary policies moved forward in the Georgia House on Wednesday. The legislation follows the recent incident in which Cornelius Taylor tragically lost his life when a bulldozer crushed him inside his tent during the demolition of a homeless encampment in Atlanta. This event has sparked discussions on similar proposals emerging in various Republican-led states, which seek to strengthen the authority of local law enforcement agencies in their collaboration with federal immigration authorities.
The bill passed in committee with an 8-5 vote, along party lines, and would permit property owners to file claims for potential losses in property value or expenses tied to local governments’ failure to enforce laws against not only encampments and sanctuary policies but also issues like public urination, loitering, shoplifting, and panhandling.
Rep. Houston Gaines, a Republican from Athens and the bill’s sponsor, expressed hope that the legislation would not need to be utilized, stating, “Our hope is that local governments simply do their job and enforce the laws of our state and their local governments, and then no one would ever be able to utilize this.”
However, critics, including housing advocates and nonprofit organizations, argue that the bill could lead to unnecessary lawsuits and increased arrests of homeless individuals, exacerbating their hardships. They highlight that many cities lack sufficient resources and supportive infrastructure to adequately house individuals experiencing homelessness, often leaving them without safe shelter.
Michael Nolan from Intown Cares, a nonprofit dedicated to assisting homeless individuals, argued that shifting pressure onto cities to imprison people for survival-related offenses would yield no beneficial outcomes. He emphasized that addressing homelessness requires reducing the overall issue rather than criminalizing it, pointing out that this legislation would only defer meaningful solutions.
Testimonies during the hearing highlighted that incarceration hampers individuals experiencing homelessness from securing stable housing, as criminal records can disqualify them from various housing programs and jeopardize their place on housing waitlists. Additionally, the stress of jail time may deteriorate their mental health conditions.
Opponents of this legislation advocate for a more substantial investment in affordable housing as a proven approach to combat homelessness. They assert that the root cause of such issues is predominantly the scarcity of affordable housing options available.
Supporters of the bill counter that it does not criminalize homelessness nor obstruct local governments from pursuing various supportive programs. They claim it holds local administrations responsible for safeguarding their communities, especially during times when immediate shelter is not accessible.
Rep. Jesse Petrea, a Republican representing Savannah, stated, “We’ve got to protect everybody, and we do need to find better ways to serve people in the community. There’s a better solution than doing what we’re doing.”
Democrat Rep. Yasmin Neal from Jonesboro raised concerns regarding potential repercussions for local law enforcement due to a lack of resources to effectively manage the crimes cited in the bill. In response, Gaines clarified that the legislation addresses a wider systemic failure of governments to implement laws effectively rather than targeting individual police officers.
Noah Roenitz of the Georgia Municipal Association cautioned that local governments could be held accountable for decisions made by district attorneys to dismiss certain charges. Proponents of the bill also mentioned it would provide protection for businesses from illegal activities occurring near their establishments, which they argue can affect clientele and employees.
In a similar vein, voters in Arizona passed a related measure last year that would permit property owners to seek tax refunds if local authorities neglect to enforce laws on public camping and panhandling.
Alethea Allison, who once faced homelessness with her two daughters after an accident in 2020 but has since secured stable housing through Project Community Connections, appealed to lawmakers to reject the bill. She expressed concern that such legislation would impede individuals striving to overcome hardships by incentivizing law enforcement to detain them. She implored, “Pushing people to the brink and then punishing them for that is not the right choice. We don’t need anything like handcuffs. We need help.”
