The Illinois Department of Human Rights Director Jim Bennett, together with the Illinois Office to Prevent and End Homelessness have issued a reminder to public officials and local units of government of their obligations under the Illinois Human Rights Act (IHRA), the Illinois Civil Rights Act of 2003, and the Bill of Rights for the Homeless Act (BRHA).
The letter was issued in reaction to recent events stemming from the recent U.S. Supreme Court opinion in Grants Pass v. Johnson, addressing laws that regulate “camping and other sleeping activities” on public property. It reinforces that Illinois law requires the administration of access to public spaces in a non-discriminatory manner, including to persons who may be seeking shelter.
While most localities have not changed their approach of providing care and compassion to people experiencing homelessness, several units of local government have enacted or are considering enacting ordinances that may restrict access to public spaces by creating penalties, fines and, in some instances, providing for the incarceration of persons experiencing homelessness.
“In the last 15 months, at least 25 Illinois communities have passed ordinances criminalizing unsheltered homelessness,” reported Chief Homelessness Officer Christine Haley. “These approaches lead to increased isolation, additional barriers to housing and unnecessary cycles of incarceration. It is more important than ever that local and state policy recognizes the civil rights of all Illinois residents. The Illinois Office to Prevent and End Homelessness looks forward to partnering with local communities in pursuit of an Illinois where all people have a safe place to call home.”
Most recently, the Peoria City Council approved its own iteration of a widely criticized template created by the city lobby group the Illinois Municipal League, closely following the mechanism of the ordinance which was employed in Grants Pass, Oregon; that ordinance, homelessness advocates have argued, was passed to reframe unhoused persons sleeping outside without access to shelter as “public camping” in order to criminalize their status.
Restrictive ordinances, warns the IDHR, may discriminate against people on the basis of their housing state, which violates the Bill of Rights for the Homeless. These ordinances may also disproportionately impact people who are protected by civil rights law based on their race, color, sex, national origin, sexual orientation, gender identity, and disabilities, among other categories.
Months before the starkly divided Peoria city council passed their “public camping” ban, Springfield’s own city council attempted to pass their own take on the IML template. Despite including a structure of penalties described by public speakers at council as “mild” compared to the later Peoria ordinance, the Springfield ordinance drew out an intense public reaction which prompted the ordinance’s sponsors to retract their proposal.
“No one should be denied access to Illinois public spaces because they lack housing,” said IDHR Director Jim Bennett. “We encourage local public officials to take proactive steps to eliminate discriminatory barriers and create inclusive environments that reflect our state’s commitment to protect the right to live free from discrimination, in every aspect of life.”
IDHR’s and OPEH’s letter explains the following obligations that govern the execution of local public officials’ responsibilities and duties:
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Under the BRHA, persons experiencing homelessness have the right to equal treatment by all State and municipal agencies, without discrimination on the basis of housing status.
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Under the IHRA, no person may deprive another of the full and equal enjoyment of a place of public accommodation based on actual or perceived protected characteristics. Public officials are specifically prohibited from denying or refusing the full and equal enjoyment of facilities and services under their care.
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Public officials may not infringe on the constitutional rights of those who seek to use public spaces by, for example, denying equal protection, due process, or First Amendment rights to indigent persons or persons experiencing homelessness.
Public officials are encouraged to review the broad protections for persons experiencing homelessness and be mindful of enacting and enforcing ordinances that may give rise to legal action.
Any Illinoisan who believes they have been a victim of discrimination can file a complaint with IDHR within 2 years of the date of the incident or within one year of a housing violation. Persons looking to to file a complaint with IDHR can call (877) 236-7703, or 7-1-1 for *TTY users, or visit dhr.illinois.gov/filing-a-charge.
OPEH can be contacted by email at homeless.office@illinois.gov, or by calling (312) 793-2922 for general questions and technical assistance.
Region: Springfield,Feeds,News,City: Springfield,Region: Central
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March 16, 2025 at 10:08PM
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