Anti-Homeless Legislation

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Introduction In the article “The Annihilation of Space by Law: The Roots and Implications of Anti-Homelessness Laws in the United States,” Don Mitchell (1997) argues that the anti-homeless ordinances passed in the 1990s resulted in a highly exclusionary type of modern citizenship. These laws criminalized the everyday activities of homeless individuals, effectively removing them from public spaces and marginalizing them to ensure that urban areas remained appealing for capital investment. This essay explores Mitchell’s argument, detailing the mechanisms of exclusion, the socio-political justifications for these ordinances, and how Marxist theory further explains these dynamics.

Exclusionary Modern Citizenship Globalization is the ideology that
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One major justification is the need to maintain public order and the attractiveness of the city by presenting it as clean, safe, and orderly. In Seattle, City Attorney Mark Sidrin advocated for more stringent laws against homeless behavior, arguing that activities such as panhandling or lying down on sidewalks deteriorate public order (Mitchell, 1997, p. 309). Further arguing that although expanded services for the homeless are needed, stricter regulations are necessary for those who make “bad choices” (Mitchell, 1997, p. 309). Another justification is the ideology that homelessness is caused by personal failing rather than a structural problem (Mitchell, 1997, p. 318). This narrative suggests that being homeless is a choice, thus harsh measures are legitimate against those who “choose” to live on the streets. Heather MacDonald supports this view, arguing that because many homeless individuals refuse help, they are voluntarily homeless; therefore, strict enforcement is not only desirable but necessary (Mitchell, 1997, p. 318-319). However, Mitchell (1997) points out that these justifications fail to address broader social and economic contexts by diverting attention from the root structural causes of homelessness and instead blames the individual (Mitchell, 1997, p. 317). Moreover, he argues that homelessness should not be viewed solely as a private issue. When visible in public spaces, it serves as a form of public debate, drawing attention to systemic issues that make it difficult for society to ignore (Mitchell, 1997, p.