Punishing Benevolence: The Criminalization of Homeless Feeding As An Act of State Harm

• In Event: Social Movements and the Criminal Justice System

Abstract

Homelessness is a social problem that commands the attention of citizens, politicians, and social scientists. While many policies attempt to address the root causes of homelessness, some explicitly target homeless individuals for sanctions instead of support. These sanctions work to criminalize behaviors of the homeless such as panhandling, sleeping in public, or sleeping in cars. Recently, dozens of cities have enacted a new incarnation of restrictions that affect homeless populations. However, instead of targeting homeless individuals, these laws criminalize the behavior of citizens who attempt to feed the homeless in public space. In this article, we use data from the National Coalition for the Homeless and the National Law Center on Homelessness and Poverty, to analyze these restrictions and their social impact. Our analysis leads us to conceptualize restrictions on feeding the homeless as acts of state harm. Using this framework, we argue that restrictions on feeding the homeless benefit the state and the elites controlling it, while causing social injury to the homeless and their advocates. Furthermore, such laws extend the reach of the criminal justice system by turning charitable acts into criminal acts.

Authors

• Christopher Dum, Kent State University

• Robert J. Norris, Appalachian State University

• Kevin Weng, Kent State University