ACLU of Texas: Dallas’ Sleeping in Public Ordinance is Unconstitutional

dallas tent city - credit wfaa

Dallas (WBAP/KLIF News) – The City of Dallas is getting ready to carry out phase two of clearing out the I-30 homeless camp at Haskell Avenue.

ACLU of Texas staff attorney Kali Cohn says Dallas’ ordinance against sleeping in public is unconstitutional.

“The Supreme Court has held that it is unconstitutional to criminalize a status that a person has no control over,” said Cohn.  “It would be unconstitutional to criminalize sleeping in public.”

Even though there are beds available in some local homeless shelters, Cohn says they’re not accessible.  That’s because many shelters won’t admit people with criminal histories, or have rules that people don’t want to go along with.

Cohn said the City will clear out the Haskell Avenue homeless camp tomorrow.  She didn’t say where the ACLU would file suit.

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