Preemption of Local Authority: Challenges for Public Health and Safety

On March 10, Associate Policy Director Karrington Anderson testified before the Judiciary Committee in opposition to HB 1164 – Counties and Municipalities – Homelessness – Local Laws (Right to Rest Act). 

This bill prohibits counties from enacting or enforcing local laws that could impact or are intended to impact individuals experiencing homelessness. Specifically, it restricts local governments from enforcing laws that regulate sleeping in public spaces, using makeshift protection against the elements, or sleeping in legally parked vehicles.

By prohibiting enforcement against resting or sleeping in public areas, HB 1164 could unintentionally exacerbate conditions that endanger public health, including unregulated encampments and improper waste disposal. Furthermore, this bill eliminates a key tool for local governments to engage with individuals in need, often through outreach efforts connected to enforcement actions that encourage participation in available services.

From MACo Testimony: 

Local governments have invested substantial resources in supportive services, shelters, outreach programs, and public health initiatives to assist individuals experiencing homelessness. However, HB 1164 would prevent counties from enforcing reasonable policies that ensure safe and orderly use of public spaces.

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