Advocates fear Georgia bill advanced by Republicans could land more homeless people in jail

ATLANTA (AP) — Georgia House Republicans advanced a bill Wednesday that would let property owners get compensated by local governments if they don't enforce bans on homeless encampments and sanctuary laws that limit local cooperation with federal immigration authorities.

The bill comes weeks after Cornelius Taylor was killed when a bulldozer crushed him inside his tent while destroying a homeless encampment in Atlanta. It also comes amid a slew of proposals across Republican states, including Georgia, to reinforce rules for local law enforcement agencies to cooperate with federal immigration officials.

The bill passed 8-5 along party lines and would let property owners file claims amounting to lost property value or incurred expenses from local governments failing to enforce laws also prohibiting panhandling, shoplifting, public urination and loitering in addition to encampments and sanctuary policies.

“Our hope with this bill is it is never used," said Athens Republican Rep. Houston Gaines, the bill's sponsor. "Our hope is that local governments simply do their job and enforce the laws of our state and their local governments, and then no one would ever be able to utilize this.”

Opponents, including housing advocates, lawyers and affordable housing providers, said the bill could lead to frivolous lawsuits and would lead police to jail more homeless people, which would only make their situation worse. Many cities aren't equipped with enough programs and infrastructure to house homeless people, leaving many with no place to sleep but the streets.

"Pressure on cities and counties to increase incarceration for crimes and survival is a mistake that benefits no one," said Michael Nolan from Intown Cares, a nonprofit that serves homeless people. “If we want to reduce the effects of homelessness on Georgians, we have to reduce homelessness, point blank. This bill would only kick that can further down the road.”

Going to jail interferes with homeless people's ability to get housing, opponents testified during Wednesday's hearing, which would keep them homeless for longer. For example, people with criminal records aren't able to get into certain housing programs and people could get removed from a housing waitlist while in jail without knowing. It also could worsen their mental health.

State lawmakers should instead invest more in affordable housing, opponents said. A lack of affordable housing is widely cited as a root cause of homelessness.

Supporters of the bill said it does not criminalize homelessness and doesn't stop local governments from investing in other programs. They say it merely holds local governments accountable for keeping constituents safe, especially when shelter isn't immediately available for homeless people.

“We’ve got to protect everybody, and we do need to find better ways to serve people in the community,” said Rep. Jesse Petrea, a Savannah Republican. “There’s a better solution than doing what we’re doing.”

Rep. Yasmin Neal, a Jonesboro Democrat, asked whether the bill would penalize local law enforcement for not having enough resources to respond to all the crimes mentioned in the bill. Gaines, the bill's sponsor, responded, saying the bill deals with a “systematic” failure by governments to enforce the law rather than individual police actions.

Noah Roenitz from the Georgia Municipal Association worries the bill could penalize local governments for decisions by district attorneys to dismiss charges.

The bill would also protect businesses from illegal activity near their storefronts, which impacts customers and employees, supporters said.

Voters last year approved a similar ballot measure in Arizona that would let property owners apply for a property tax refund if a locality doesn't enforce laws on public camping, panhandling and others mentioned in Georgia's bill.

Alethea Allison, who was once homeless with two daughters after she was injured in a car accident in 2020, urged lawmakers at the Gold Dome to oppose the bill. She now works for Project Community Connections, which helped her get housing, but worries this bill would hinder people from escaping unfortunate circumstances by incentivizing officers to put them in jail.

“Pushing people to the brink and then punishing them for that is not the right choice,” Allison told lawmakers. “We don’t need anything like handcuffs. We need help.”

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Kramon is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Kramon on X: @charlottekramon.