According to my reading of the rules and the laws and the research, there are an awful lot of myths out there about what homeless people may and may not do. Many people consider themselves experts. Many people are wrong in their opinions, however. A close reading of the Chicago Municipal Code gives us the facts (https://www.chicityclerk.com/legislation-records/municipal-code).
Information from other sources is helpful, also, as below.
Myth #1: It is illegal to sleep on a Chicago sidewalk. While this may be dangerous – in pretty much all Chicago neighborhoods, it is not in itself illegal. “Blocking the public way” is illegal, however. You have to leave a five-foot wide path for people to walk by. (See “Code”).
Myth #2: Tents and lean-to’s are technically legal in Chicago. No. For many years now in the Windy City, constructing or assembling any sort of temporary dwelling is “technically illegal in the public way.” This has been from the early days when plywood and blankets were used to modern-day tents and, well, blankets. You may not set up your tent in the middle of the sidewalk. (See “Code”).
Myth #3: Panhandling is illegal in Chicago. Nope. You can ask away—given you do not harass the possible donor. You cannot chase after the person and scream at them. Or threaten them. Or tackle them. Or assault them. All of this is called “Aggressive Panhandling” in the Chicago Municipal Code, and elsewhere. They may be cheap people, but you cannot harm them. Aggressive panhandling is, in fact, illegal in Chicago (See “Code”).
Remember that basic panhandling laws, as of 2021, are not legal in Illinois. They have been struck down (https://news.wttw.com/2021/01/19/federal-court-rules-illinois-panhandling-law-unconstitutional).
Myth #4: “Panhandling” requires a license. This is a very common and a very foolish myth. People who are “panhandling” don’t have a lot of extra money for permits or licenses anyway. Some people use the term “busking” for what musicians do. Others call it performing. But this is important: singing on a corner does require a license, if you are accepting pay or donations from listeners. (See “Code”).
BTW: The word “panhandling” is not used that much anymore by polite people… (https://www.vocabulary.com/dictionary/panhandler)
Myth #5: Business owners not wanting homeless people near their store may have them arrested. Well, not exactly. Homeless people may be asked to leave private property, but if they are walking down the sidewalk – which is public property -- you have to let them do so… as you would for any taxpayer. Advice to the homeless persons reading this: It is not true that you cannot do anything if you are harassed. You need to find the right people to tell, if you are getting hassled by the police or threatened by thugs. Use your best judgement and do not get into a brawl. If someone on the street tries to tell you their version of the truth or the myth, try to get their name and affiliation with the store or other business you are standing near.
Laws about loitering get a little tricky… This is where things get to be a little more specific. For example, consider these factors: are you standing on a section of sidewalk being rented from the city for a business display? Is the section of sidewalk being rented to extend the business reach through the use of a fence? Tables and chairs for outdoor dining? Bar stools or chairs for serving alcohol to customers? Those are special situations. There are laws in Illinois regarding such things as not loitering for purposes of selling drugs (https://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=53).
Myth #6: It is legal for police officers not to provide protection or services to homeless people. This is of course not true. Note that there are many successful models of partnerships among police officers, city employees, and homeless persons. More such partnerships should be celebrated and publicized (https://cops.usdoj.gov/html/dispatch/12-2020/sharing_the_solutions.html).
If a homeless person calls the police on an attacker or thief, the police simply must respond and offer assistance. If they do not, their name and badge number should be reported to a police supervisor… and shared in ways that can help with compliance… such as being placed on social media.
Myth #7: Laws about homeless people are the same everywhere. This is simply not true. Different cities and villages all have their own laws—and traditions—on what they do for, about, with, and to homeless people. In Chicago, homeless people go to shelters freely and people know the locations of the shelters. In one nearby suburb, persons needing a shelter must “surrender themselves to the police” and sign a waiver of their rights. The person is then taken to a shelter and the location of the shelter is not revealed.
Myth #8: All homeless people have some sort of mental illness as an underlying cause of their situation. This is not true—not in itself exactly. Of course, some homeless are mentally ill. Then again, some people who are housed are mentally ill. Not all homeless people are dangerous or violent or schizophrenic. They are individuals. (See https://www.samhsa.gov/sites/default/files/programs_campaigns/homelessness_programs_resources/hrc-factsheet-current-statistics-prevalence-characteristics-homelessness.pdf).
Myth #9: Most homeless people are criminals, some on their way to jail, and others recently released from jail. Yes, there is a criminal element among the homeless out there. However, being homeless does not automatically make people criminals—and vice versa. For more, see: https://www.samhsa.gov/sites/default/files/programs_campaigns/homelessness_programs_resources/hrc-factsheet-current-statistics-prevalence-characteristics-homelessness.pdf
Myth #10: All homeless people have addiction issues and should be in special programs to help them, such as rehab. No, not all homeless persons are addicts to drugs or alcohol or stealing… Yes, some people who become homeless have done so because of issues with substance abuse. No, not all of them are lifelong users. Yes, many can be cured, if they work at it. For more info., please see: https://www.nationalhomeless.org/factsheets/addiction.pdf
Myth #11: Most homeless people love living outdoors. This is of course not true. Some do not trust shelter staff or counselors. Some have been through bad experiences in a shelter or in a transitional setting. Some have been robbed, beaten or raped. Being away from large groups of people being housed in a tiny space is comforting, and they feel, safer.
Myth #12: Homeless people, in general, do not want help. This is not true. While some have become fiercely independent, homeless people in general are just not thrilled they do not have a good place to live. Some of them may have very good reasons for avoiding counseling or free apartments. People who have been living outside may be nervous about moving to a building in a neighborhood they have never seen before.
Many homeless people will need services and counseling to transition them into living indoors—especially persons for whom there are mental illness, unemployment, and/or substance abuse issues (https://www.samhsa.gov/homelessness-programs-resources/hpr-resources/housing-shelter). Remember these persons may be going into an environment where they feel foreign, where they feel like outsiders—literally and figuratively.
Overall, regarding homeless persons, Chicago is lenient and somewhat supportive—but could be more so! However, remember that in some cities, being homeless is against the law (https://www.nationalhomeless.org/publications/crimreport/meanestcities.html).
Remember that there are over 52,000 children in Illinois who are homeless (Second City Teachers: Homeless Students). We as educators, taxpayers, voters, advocates and the like need to do something to reduce that number. It seems like people keep forgetting this figure!
There are in fact over 16,000 homeless students in Chicago Public Schools (Second City Teachers: Homeless Students). That number also needs to be reduced drastically. This is another figure that people seem to look at, marvel at, and then forget. We have almost as many homeless students in our public schools as New York City does!
If only the leaders of this city could grab onto some strong helpful means for helping the homeless and make us a national model!
Hi - this article states that aggressive panhandling is prohibited in Chicago and it cites the Municipal Code. Could you please provide the specific section in the code? I looked and could not find it.
Yes, technically, the "aggressive panhandling" language in the code got repealed. So that, in itself, is no longer illegal.
However, the kinds of activities that accompany it (and that were listed in the old 8-4-025) are. As examples, it is illegal to touch people, chase them and harass them, threaten them with violence, etc.
Here is a good summary of what officers should do (and homeless need to know) from the
LEGAL BULLETIN #2019-01,OFFICE OF LEGAL AFFAIRS: AGGRESSIVE PANHANDLING Enforcement Concerns (January 2019)
paragraph 1: "The purpose of this bulletin is to assist officers in making informed enforcement decisions in light of the City’s decision to repeal its aggressive panhandling
ordinance (MCC 8-4-025) effective 01 January 2019. Officers must cease enforcing MCC 8-4-025 immediately in light of the repeal."
paragraph 2: "Although the City has repealed the aggressive panhandling ordinance, alternative charges may still apply, depending on the circumstances of a particular case. This bulletin identifies several viable charges that may be appropriate when dealing with a panhandler who is acting in an aggressive or threatening fashion.
last 3 paragraphs: Homelessness: Since many individuals engaged in panhandling are likely to be homeless, it is important to reiterate that neither the status of being homeless nor the simple act of panhandling are criminal offenses.
"Officers should always consider aiding and providing the homeless useful resources as alternatives to making an arrest. Chicago's Department of Family
and Support Services maintains a hot-line for the homeless at (800) 654-8595."
"Questions regarding this bulletin should be directed to the Office of Legal Affairs at (312) 745-6115."
full text at: https://www.chicagocop.com/wp-content/uploads/Legal-Bulletin-2019-01-Aggressive-Panhandling-Enforcement-Concerns.pdf