Dem Rep Pramila Jayapal proposes bill to block cities from clearing homeless encampments

Dubbed the “Housing Not Handcuffs” Act, Jayapal’s bill seeks to protect people experiencing homelessness from being penalized for actions such as accepting food or water, or storing belongings on federal property, unless "adequate alternative indoor space” is available.

The legislation is a direct response to the high court’s ruling on City of Grants Pass v. Johnson last year, which overturned a lower court decision and gave cities the authority to enforce bans on homeless camping in public areas.

Jayapal said in a statement accompanying the bill’s introduction, “Every single person in the richest country in the world should be able to have a roof over their head and a safe place to sleep, it’s that simple,” and went onto say that one cannot pay rent on minimum wage anywhere in the US.

However, the proposal is drawing criticism from officials in cities struggling to enforce local homelessness policies, including in Jayapal’s home state of Washington.

Jayapal’s bill is also facing skepticism from some of her congressional colleagues. Rep. Michael Baumgartner (R-WA) told The Seattle Times that the legislation “Seems like a silly idea.” Baumgartner’s district includes Spokane, a city that has seen years of contentious debate and legal battles over how to regulate homeless encampments.

In April, the Washington Supreme Court struck down a voter-approved initiative that would have banned homeless camping within 1,000 feet of parks, schools, and licensed daycares, finding it unconstitutional.

In 2024, the city of Burien filed a lawsuit against King County and the King County Sheriff's Office (KCSO) for refusing to enforce a city ordinance banning homeless encampments within 500 feet of schools, libraries, daycares, and similar public spaces. Despite the Supreme Court ruling, the sheriff’s office said it would not resume enforcement.

At the time, Burien Mayor Kevin Schilling told The Ari Hoffman Show on Talk Radio 570 KVI that the sheriff’s office had helped draft the ordinance before reversing course. “The constitutional question has been decided… cities do have the ability to regulate public space,” Schilling said. “This is where decisions on how to address [homelessness] should be made — at the city level, through a democratic process.”

Burien’s 100th Annual Independence Day Parade route was rerouted in 2023 to avoid a major homeless encampment. Following legal challenges, Burien ultimately prevailed in court and resumed enforcement. Schilling emphasized that the city’s approach avoids criminalization: “We do not issue fines. We do not have a criminal penalty. We have a civil infraction… We want to be able to enforce a tent regulation and not have tents near schools.”

Schilling added that the city’s goal is not just enforcement but offering real help. “We want to get people into shelters and services. We want to help people if they’re addicted to drugs or facing mental health crises. But we want to tackle the criminal activities associated with tent encampments. We want to keep public space free and accessible for all.”

Following the Grants Pass decision, other Washington cities, including Auburn, moved swiftly to pass similar ordinances regulating where and when homeless camping can occur.

In 2024, the US saw an 18.1 percent increase in homelessness, driven in part by illegal immigration. According to the report from the US Department of Housing and Urban Development (HUD), Washington state had the third-largest homeless population in the country in 2024, with 31,554 people experiencing homelessness. Additionally, Washington had an increase of 4,295 individuals with chronic patterns of homelessness since last year, a 55.8 percent increase, the largest by percentage of any state in the country.