Pa. Democrats plan to introduce legislation to counter Supreme Court’s ruling on criminalizing homelessness

PHILADELPHIA (KYW Newsradio) — Democratic senators in Pennsylvania are drafting a bill to prevent the criminalization of homelessness in the state after the Supreme Court recently ruled that cities can enforce bans on homeless people sleeping outside in public places.

The ruling overturns an appeals court ruling that said such laws amount to cruel and unusual punishment when shelter space is lacking.

“To say that arresting an individual sleeping in public places does not qualify as cruel and unusual punishment under our Eighth Amendment of the United States Constitution is simply unconscionable,” said state Sen. Amanda Cappelletti, who represents parts of Delaware and Montgomery counties.

Cappelletti was joined by state Sens. Vincent Hughes (Montgomery and Philadelphia counties), Tim Kearney (Delaware County), Nikil Saval (Philadelphia County), and others during a press conference on Tuesday, where they announced plans for legislation.

“Our commonwealth, like much of our country, faces an unprecedented housing crisis,” Saval said. “Stagnant wages and skyrocketing housing costs have caused historic numbers of households to be stretched dangerously thin.”

“Anyone who might find themselves unable to afford a place to live in a time of skyrocketing rents and mortgage rates could be subject to the criminal justice system, potentially,” Cappelletti added, “and to be honest, most likely exacerbating the already challenging situations that people without housing are living in.”

The senators said the proposed legislation would guarantee the right to be outside and support local governments in producing sufficient, appropriate, low-barrier housing to accommodate people experiencing homelessness.