Illinois Department of Human Rights defends people experiencing homelessness

CHICAGO, Ill. (WIFR) - A letter sent to public officials reminds them that ordinances cannot restrict access to public spaces for those experiencing homelessness.

The Illinois Department of Human Rights and the Illinois Office to Prevent and End Homelessness issued a letter to outline the obligations of public officials under the Illinois Human Rights Act, the Illinois Civil Rights Act of 2003 and the Bill of Rights for the Homeless Act.

Illinois law requires non-discriminatory access to public spaces, including to people seeking shelter. IDHR says several units of local government have begun or are considering enacting ordinances that restrict access to public areas through penalties, fines and sometimes incarceration for people experiencing homelessness.

Restrictive ordinances may disproportionately impact people based on their race, sex, national origin, sexual orientation, gender identity, disabilities and more.

“In the last 15 months, at least 25 Illinois communities have passed ordinances criminalizing unsheltered homelessness. These approaches lead to increased isolation, additional barriers to housing and unnecessary cycles of incarceration,” said Chief Homelessness Officer Christine Haley.

The letter from IDHR and OPEH explains the following responsibilities of public officials:

• People experiencing homelessness have the right to equal treatment by all State and municipal agencies without discrimination on the basis of housing status
• No one 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
• 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

“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.”

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