HR-5163-119
Placed on the Union Calendar, Calendar No. 294.
Sponsored by William Timmons (R-SC)
What it does
This bill would amend the D.C. criminal code to make it a misdemeanor to camp on public property in the District of Columbia without lawful authority. "Camping" is broadly defined to include erecting tents, tarps, or other temporary shelters for living activities such as sleeping, as well as sleeping in or preparing to sleep outside a motor vehicle — including laying down a sleeping bag or blanket. Violations would be punishable by a fine of up to $500, up to 30 days in jail, or both.
Who benefits
D.C. residents and businesses near public spaces who may experience reduced encampments. Tourists and visitors to federal and public spaces in the capital. Property owners adjacent to parks and public areas. D.C. government agencies responsible for maintaining public spaces. Federal agencies that manage public land in the District.
Who is hurt
Unhoused individuals in D.C. who currently use public spaces for shelter and who could face fines or jail time. Advocacy organizations that serve homeless populations, who may face increased demand for shelter services. D.C. taxpayers who may bear costs of enforcement, prosecution, and incarceration. Legal aid organizations that would need to represent individuals charged under the law. Individuals experiencing temporary housing instability who may not qualify for or have access to shelter alternatives.
Supporters argue
Supporters argue that unmanaged encampments on public property create public health and safety hazards, reduce access to shared public spaces for all residents, and that D.C.'s existing legal framework has been insufficient to address persistent encampments. They contend that Congress has a constitutional responsibility to maintain order in the nation's capital under Article I, Section 8, and that clear, enforceable prohibitions with defined penalties provide law enforcement with the tools needed to keep public spaces accessible and sanitary for all users.
Opponents argue
Opponents argue that criminalizing camping effectively punishes people for being homeless when shelter capacity in D.C. is insufficient to house all unhoused residents, making compliance impossible for many. They contend that the bill's broad definition of "camping" — which includes simply laying down a blanket — could expose any person resting in a public space to criminal penalties, and that the Eighth Amendment's prohibition on cruel and unusual punishment may bar enforcement against individuals with no alternative shelter, consistent with arguments raised in cases like Martin v. City of Boise.