Prohibited activities

(a)

Prohibition

A Federal agency may not impose a penalty on a homeless individual for a permitted use of public land as described under subsection (b). (b)

Permitted use of public lands

A homeless individual may— (1)conduct life sustaining activities on public land;(2)use and move freely in places of public accommodation (as such term is defined in section 201 of the Civil Rights Act of 1964 (42 U.S.C. 2000a(b)); (3)solicit, share, accept, or offer food, water, money, or other donations;(4)store their possessions and enjoy privacy in their personal property to the same degree as property in a private dwelling, which shall not be subject to unreasonable search and seizure;(5)pray, meditate, worship, or practice religion; (6)occupy a lawfully parked motor vehicle or a recreational vehicle; and(7)relocate a motor vehicle or recreational vehicle being used for life sustaining activities before a citation is issued or the vehicle is towed, retrieve items from a towed vehicle, and retrieve the vehicle from storage at a free or reduced rate upon consideration of ability to pay. (c)

Exception

The permitted use under subsection (b)(1) shall not be a permitted use if there is adequate alternative indoor space available as described under subsection (d).(d)

Adequate alternative indoor space described

(1)

In general

Adequate alternative indoor space—(A)is a space that—(i)is legally and physically accessible to the homeless individual; (ii)does not require the homeless individual to sacrifice any other right afforded to them under Federal, State, or local law; and (iii)is available indefinitely to the individual without requiring daily reapplication, at no charge, and must accommodate any disabilities, as well as pets, partners (whether legally married or not), family members, other support persons, and possessions the individual wishes to bring with them; (B)may be a tiny home or similar structure that includes—(i)locking doors;(ii)appropriate climate control mechanisms based on the location of the home or structure; and (iii)sanitary and cooking facilities or is a part of a community with common sanitary and cooking facilities; or(C)may be a permitted parking area that includes sanitary facilities. (2)

Jurisdiction

An adequate alternative indoor space in another jurisdiction shall only be deemed an adequate alternative indoor space for the homeless individual if transportation is made available, at no cost to the individual, to ensure the individual can continue to attend to any personal or professional business. (e)

Enforcement

(1)

Attorney general

The Attorney General may bring a civil action in an appropriate district court of the United States against a government official who violates subsection (a) for equitable relief, including temporary, preliminary, or permanent injunctive relief and costs described under paragraph (3). (2)

Private right of action

Any individual harmed by an violation of subsection (a) may bring a civil action in an appropriate district court of the United States against a government agency or official that violates subsection (a) for equitable relief, including temporary, preliminary, or permanent injunctive relief and costs described under paragraph (3). (3)

Costs

With respect to an action brought under paragraph (1) or (2), the court shall award costs of litigation, as well as reasonable attorney’s fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney’s fees in any non-frivolous action under this section.(f)

Necessity defense

(1)

In general

It shall be an affirmative defense for a homeless individual charged with any violation of law criminalizing a life-sustaining activity, that the individual had no access to an adequate alternative indoor space in which to undertake the prohibited conduct. (2)

Duty

The appropriate court shall notify the individual of the availability of the affirmative defense under paragraph (1). There shall be a rebuttable presumption that adequate alternative indoor space was not available to the homeless individual.(g)

Rules of construction

(1)

In general

A court shall liberally construe any provision of this Act to effectuate the purposes of the Act.(2)

Rule of construction

Nothing in this Act shall be construed to authorize Federal, State, or local government to interfere with an individual’s right to be free from facing punishment for a housing status condition, or to diminish or in any way negatively affect an individual’s constitutional right be free from cruel and unusual punishment, or to displace any other remedy for violations of the individual’s constitutional rights. (h)

Definitions

In this section:(1)

Homeless individual

The term homeless individual shall have the meaning given such term in section 103 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11302). (2)

Housing status

The term housing status means the actual or perceived status of having or not having housing, or being at risk of being homeless.(3)

Life sustaining activities

The term life sustaining activities includes moving, resting, sitting, standing, lying down, sleeping, protecting oneself and personal property from the elements, eating, and drinking.(4)

Cars

The term cars shall have the meaning given the term motor vehicle under section 17101 of title 40, United States Code. (5)

Public land

The term public land means any property that is owned or leased, in whole or in part, by the United States, including areas adjacent to Federal property upon which there is an easement for public use and that is held open to the public, such as plazas, courtyards, parking lots, sidewalks, public transportation facilities and services, public buildings, underpasses and lands adjacent to roadways, and parks, such as those defined or administered under titles 23, 36, 43, or 50 of the Code of Federal Regulations.(6)

Recreational vehicle

The term recreational vehicle has the meaning given such term in section 3282.15 of title 24, Code of Federal Regulations (as defined on the date of the enactment of this Act).