Nevada Legislature
Lawmakers are considering a bill that would prohibit ordinances adopted by local governments in Nevada’s urban areas in recent years that ban people from sleeping and living outdoors.
Possible punishments for violating these ordinances are fines and jail time. American Civil Liberties Union of Nevada Policy Manager Lilith Baran said it made more sense to provide the people experiencing homelessness with services rather than fines they often can’t pay.
“It is illogical to fine money to someone who does not have it,” Baran said. “It is a burden on the courts, it is a financial burden on the state and it's a burden on the people who are experiencing it.”
SB155, sponsored by Sen. James Ohrenschall (D-Las Vegas), would prohibit county commissions from enforcing or enacting any law or ordinance that would discriminate “by prohibiting a homeless person from participating in life-sustaining activities” that include “resting in an unobstructive manner, sheltering from the elements in an unobstructive manner, eating, sharing, accepting or giving food in any public place where food is not prohibited and occupying a motor vehicle” that is parked legally.
Along with advocates and volunteers, judges also testified in support, saying they believed local government approaches to handling homelessness are not working and were putting a strain on the justice system. Washoe County Judge Egan Walker called the situation of charging homeless people a crisis.
Bill text:
AN ACT relating to homeless persons; prohibiting a county board of commissioners and the city council or other governing body of an incorporated city from enacting and enforcing ordinances that discriminate against a homeless person; and providing other matters properly relating thereto.
Legislative Counsel’s Digest: Existing law authorizes a county board of commissioners and the city council or other governing body of an incorporated city to enact and enforce certain ordinances related to health and safety. (Chapters 244 and 268 of NRS) Sections 1 and 2 of this bill prohibit a county board of commissioners and the city council or other governing body of an incorporated city, respectively, from enacting and enforcing any ordinance that discriminates against a homeless person by prohibiting a homeless person from engaging in life-sustaining activities in a public space, including, without limitation: (1) resting in a nonobstructive manner; (2) sheltering from the elements in a nonobstructive manner; (3) eating, sharing, accepting or giving food in public spaces where food is not prohibited; and (4) with certain exceptions, occupying a motor vehicle. Sections 1 and 2 also define certain terms related to life-sustaining activities. Section 3 of this bill declares that any ordinance enacted by a board of county commissioners or a city council or other governing body of an incorporated city before, on or after October 1, 2023, that conflicts with the provisions of section 1 or 2 is void and unenforceable.
For the full bill and amendments, go to https://www.leg.state.nv.us/App/NELIS/REL/82nd2023/Bill/9851/Text