The Unintended Consequences Behind Sit-Lie Laws

By Tara Pham

Sit-lie laws are ordinances prohibiting sitting or lying on public sidewalks. These have been widely implemented in various U.S. cities, but their effectiveness remains highly controversial. While proponents argue these laws keep sidewalks clear and reduce undesirable behavior, it is contended that they criminalize homelessness and fail to address the root causes of the issue. Essentially, sit-lie law is a misguided policy that criminalizes homelessness without solving underlying issues. 

Sit-lie laws are meant to be useful or necessary in keeping sidewalks free from obstruction, mainly for mobility-impaired persons, and they are a useful tool in fighting undesirable behavior. They attempt to address the issue of clearing busy streets for commercial use. Instead, they are veiled attacks on vagrants and homeless persons. A detailed study by the UC Berkeley School of Law Policy Advocacy Clinic on Berkeley’s Measure S, a sit-lie ordinance, uncovered no evidence supporting claims that such laws enhance economic activity or improve services for the homeless. The study involved reviewing data on economic activity and homeless services in various jurisdictions, surveying community organizations, and consulting stakeholders. It was concluded that the presence of homeless individuals had no significant impact on retail sales [1]. Moreover, the enforcement of these laws likely incur substantial costs for cities, including implementation, enforcement, and legal defense. It costs money and effort to actively push the homeless off the streets and evidence shows that their presence does not impact surrounding businesses and their sales. Policymakers should consult with businesses or restaurants if they decide to implement a law that is supposed to benefit those communities. 

In San Francisco, where similar laws were enacted, an independent report revealed that most merchants did not observe a reduction in loitering around their businesses. The law transformed street culture into a “cat and mouse game” between police and homeless individuals, with many unable to pay fines, leading to warrants and potential jail time. Additionally, violators rarely received meaningful referrals to health care or social services, thereby exacerbating their situation without offering paths to rehabilitation or support [2]. To support the homeless population, certain mental or social services must be provided to aid them when they are kicked off the streets, which are their current “home”. This policy affects them negatively, especially as they are forced to pay expensive fines, rather than focusing on their wellbeing, job-searching, or finding a new residence. The National Homelessness Law Center’s report indicates that nearly every state in the U.S. has laws criminalizing various aspects of homelessness, which disproportionately impact Black, Indigenous, and people of color, often rooted in historical racism. The center advocates for the repeal of such laws, arguing that resources should instead be used for affordable housing and solutions to prevent and address homelessness [3]. The focus should be on repealing these laws and providing real-world solutions. Kicking people off the streets exacerbates the problem of homelessness, not solves it. 

Those kicked off the streets often migrate to other areas, and this comes with additional enforcement & policing expenses. A study conducted by Chico State researchers, led by Jennifer Wilking, examined the 2013 sit-lie ordinance in Chico. The research focused on arrest records related to the ordinance and its costs to the police department. It found that, while arrest numbers rose with the implementation of sit-lie, this did not necessarily indicate causation. The study also observed that the geographical areas of arrest involving homeless individuals shifted, indicating that the ordinance moved these individuals out of the city center but did not resolve the underlying issues of homelessness.

A post-study poll suggested that local merchants did not report a significant reduction in problems associated with the homeless population through the duration of sit-lie [4]. The cost of policing the population was about double the budget that police stations estimated. The article also reiterates that business owners themselves don’t find sit-lie laws effective and there was not a significant reduction in the amount of problems that were associated with homelessness in the surrounding areas. 

Though intended to manage public spaces and improve commercial areas, sit-lie laws have been found to be ineffective in achieving their goals. Instead, they result in the criminalization of poverty and homelessness, without providing meaningful assistance or pathways to improve the lives of those affected. Evidence suggests a need for reevaluation of such policies in favor of more humane and effective approaches to dealing with homelessness. Raising awareness about the impact of sit-lie laws on all members of the community is key, particularly for the homeless. Community forums, workshops, and informational campaigns provide a platform for diverse perspectives – including those of law enforcement, local businesses, homeless advocacy groups, and residents. It is essential to urge policymakers to consider alternatives and additions to sit-lie laws that address the root causes of homelessness. Some potential policies could look like increased funding for affordable housing, mental health services, substance abuse treatment, and job training programs. 

Works Cited

1. Gluss, Susan. “New Report Faults Berkeley’s Measure S, the ‘Sit-Lie’ Initiative,” UC Berkeley School of Law Policy Advocacy Clinic, accessed November 15, 2023, https://www.law.berkeley.edu/press-release/new-report-faults-berkeleys-measure-s-the-sit-lie-initiative/.
2. “How effective are sit/lie laws?” KALW, accessed November 15, 2023, https://www.kalw.org/post/how-effective-are-sitlie-laws#stream/0.
3. “National Homelessness Law Center Releases First National Study of State Laws Criminalizing Homelessness,” National Low Income Housing Coalition, accessed November 15, 2023, https://nlihc.org/resource/national-homelessness-law-center-releases-first-national-study-state-laws-criminalizing.
4. Souders, Travis. “Campus Research Probes ‘Sit-Lie’,” Chico State Today, accessed November 15, 2023, https://today.csuchico.edu/campus-research-probes-sit-lie/.

Photo Credit: Sevgonlernassau, Homeless encampment at People’s Park, June 2021, https://commons.wikimedia.org/wiki/File:People%27s_Park_at_Berkeley,_June_2021.jpg.