Homeless and Panhandling Laws

LFDA Editor

There are no state laws in New Hampshire that specifically restrict the rights or activities of homeless people.  However, some towns and cities have passed local ordinances that attempt to regulate where homeless people go and what they do.

These local laws can’t violate state and federal protections for homeless people.

NH state laws and policies

The state has a handful of protections for homeless persons. These include:   

  • The state provides funding for shelter and services for homeless individuals.  For example, the state has a financial assistance program for residents facing foreclosure, funds emergency shelters, and provides supportive services for homeless individuals with a disability.

If you are interested in services for the homeless in New Hampshire, visit the New Hampshire Bureau of Homeless and Housing Services.

  • Homeless children and youth have a right to the same public education as all children, even if they cannot provide the documents a school usually requires for enrollment.
  • Homeless residents also have the right to vote in elections, although New Hampshire’s voter ID law significantly complicates the process for homeless residents without a driver’s license or other ID.

Click here to learn more about voter residency requirements in New Hampshire.

Federal law and panhandling or begging

Federal courts have ruled that bans on panhandling in public places are a violation of the First Amendment right to free speech.

For example, in September 2017 a federal judge struck down a Manchester law that prohibited people from giving or taking things from the driver or passenger of a motor vehicle while that vehicle was in a roadway—an ordinance that was intended to stop panhandling along Manchester streets.

The federal judge ruled the ordinance violated the right to free speech because the law was too broad.  The ordinance would impact people handing out leaflets, not just those accepting money.  It also made no allowance for panhandlers who stay off the road and do not disrupt traffic.

This court ruling applied to similar anti-panhandling ordinances in Concord, Somersworth, and Rochester.

Current restrictions on the homeless in NH cities and towns

Since state law does not restrict the activities of homeless people, some New Hampshire towns have tried to pass their own local rules addressing vagrancy. 

Since town ordinances that specifically restrict panhandling or begging fall afoul of First Amendment free speech protections, these local rules will often apply to other activities of homeless persons.

  • Towns and cities may use ordinances that generally prohibit loitering, public intoxication, and trespassing to force panhandlers and/or homeless people to move out of an area, ideally to a shelter or other social service agency.  Even police enforcement of motor vehicle laws, such as the prohibition on stopping at a green light, can be targeted to discourage giving money to panhandlers.
  • Some cities—such as Lebanon, New Hampshire—have a ban on camping on city property or sleeping in public.
  • Cities and towns may have zoning laws that restrict the location of homeless shelters.  Those restrictions usually aim to preserve the residential character of a neighborhood or insulate nearby businesses from homeless individuals, but on the positive side, the restrictions could also ensure that there is adequate public transportation and sanitation for sheltered individuals.

Other policy approaches to homelessness

Homeless Bill of Rights laws

Rhode Island, Connecticut, and Illinois have a Homeless Bill of Rights in state law.  Such laws guarantee the right of homeless citizens to use public spaces in the same manner as other residents.  They also prohibit state agencies and employers from discriminating against a homeless person solely because that person does not have a permanent address.  A Homeless Bill of Rights can deter municipalities from passing laws against loitering, public camping, or panhandling.  However, some argue that Homeless Bill of Rights laws are not very effective, because they do not do anything to decrease homelessness, such as fund permanent housing projects.   

Homeless hate crime laws

Other states, such as Maine, allow a crime against a homeless person to be prosecuted as a hate crime. This would allow prosecutors and judges to levy harsher punishments for violence against homeless people.

Homeless courts

Some cities have homeless courts. Similar to mental health courts, drug courts, and veterans courts, homeless courts allow homeless individuals charged with a crime to avoid a conviction if they complete a program of treatment and services.

New Hampshire does not have a Homeless Bill of Rights or homeless courts, nor does the state include homelessness in hate crime laws. 

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PROS & CONS

"For" Position

By LFDA Editor

“Local laws restricting vagrancy increase safety and can help citizens connect with social services.”

  • Laws that address vagrancy may help police shut down panhandlers collecting money for drugs.  According to the Manchester Chief of Police, from 2015 to 2017 at least two dozen known panhandlers have overdosed in the city.
  • Laws against loitering, trespassing, and camping on public property all give law enforcement leverage to move homeless people to safer situations and connect them with social services.
  • Aggressive panhandlers and homeless people lingering around private property may create a hostile environment for businesses and residents.  It is fair for cities and towns to pass laws that protect a peaceful and clean environment. 

"Against" Position

By LFDA Editor

“Local laws restricting vagrancy and panhandling violate the rights of homeless citizens and do nothing to decrease homelessness.”

  • Laws that restrict panhandling and access to public property violate the rights of all citizens, such as the constitutional right to free speech in public spaces, and are likely to be overturned in court.
  • Laws that criminalize vagrancy make it harder for homeless people to find housing and employment, since those laws create a criminal record.  As a result, the laws make the problem of homelessness even worse.
  • Laws against vagrancy do nothing to address the underlying causes of homelessness in New Hampshire, such as the shortage of affordable rental properties.  Rather than spend money on enforcing anti-vagrancy laws, cities and towns should spend money on outreach and services for homeless residents.

LEGISLATIVE HISTORY

Killed in the House

Establishes a committee to study alternatives to bail for indigent persons.

Killed in the Senate

Prohibits the family court from incarcerating any person for civil contempt without there first being a finding that the person has the liquid assets to pay the contempt fine.

Interim Study

Requires a court to consider the financial resources of a person when setting cash bail, and forbids the court from setting bail in an amount a low income person cannot pay. Under this bill, a court could only require a person to stay in jail before trial if the court finds - by a preponderance of the evidence - that the person will likely not appear in court or will endanger the community.

Signed by Governor

Reestablishes the commission to address child hunger in New Hampshire.

Killed in the House

Establishes notice requirements for termination of tenancy in a homeless shelter.

Signed by Governor

Allows homeless individuals and individuals without permanent addresses to apply for driver's licenses with a letter signed by a social service agency.

Do you support local laws restricting vagrancy and panhandling?

Comments

Daniel Perrinez
- Manchester

Fri, 02/23/2018 - 12:14pm

Begging is a job.
Panhandlers are street performers just the same as a musician.
Where there is an issue with an individual we already have laws that require "business licenses and registration" and requirements to pay business taxes. We need fewer and simpler laws, not more.

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Issue Status

Authorities in Manchester and Concord are in the process of leveling homeless camps, following complaints by local residents. 

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