Why is loitering bad

The first significant challenge to general loitering laws was Papachristou v. City of Jacksonville Supreme Court declared in a decision written by William O. Douglas that the law was simply too vague to allow the average person to discern what is prohibited and what is not.

Taking a daily walk could be considered loitering, subjecting an innocent person to arrest. The Court also found the laws to be overly broad. While the First Amendment does not specifically mention the right to walk or loiter, it does protect a right to free speech, a right to assemble, and a right to petition the government.

Nevertheless, those revised laws are subject to the same judicial scrutiny as the previous, more generalized, loitering laws. The Court invalidated a Chicago gang loitering ordinance in City of Chicago v. Morales as unduly vague, but upheld a trespassing statute applied to nonresidents of public housing in Virginia v. However, it is still considered to be illegal in many jurisdictions, and in specific circumstances. Laws against loitering are often challenged on the basis of them being vague, which is based on the due process clause contained within the Fifth and Fourteenth Amendments of the Constitution.

Additionally, laws against loitering generally contain overly broad language which raises First Amendment concerns. Generally speaking, local laws have time, place, or manner restrictions. The effect of these restrictions is that only some types of loitering are considered to be illegal. An example of this would be how a person can loiter in a public park, but not in front of a hospital.

Another example would be how a local law could state that loitering by minors during school hours is illegal. The more specific a loitering law is, the less likely it is that a challenge against it will be effective. A misdemeanor crime is a type of criminal offense considered to be more serious than a citation, but less serious than felony charges. In most states, the distinguishing feature of a misdemeanor is that it is generally punished by a sentence of one year maximum in a county jail facility.

This sentence is not to be served in a state prison facility, as such facilities are usually reserved for felony charges. Criminal punishments for misdemeanor crimes may also involve criminal fines. However, this can also vary by state. A broad range of crimes are classified as misdemeanors, including loitering. It is important to note that state laws can vary widely in terms of which crimes are classified as misdemeanors.

Consequences for criminal misdemeanor charges could also depend on the exact type of violation involved. Alternatively, the consequences for drunk driving can involve mandatory DUI classes and other measures. Something else to consider is what class of misdemeanor has been assigned to the crime.

Classes of misdemeanors are usually associated with set penalties. An example of a typical penal code may prescribe the following penalties for each misdemeanor class:.

Per usual, each state could have different names for the misdemeanor classes. Additionally, punishments are dependent on state laws, as well as the circumstances surrounding each case. An example of this would be that repeat offenders generally face higher misdemeanor penalties than a first-time offender would for the same type of crime.

States may specifically list a distinct punishment for a certain crime, even if it is classified in a set misdemeanor category. As mentioned above, many jurisdictions enforce prohibitions against loitering by minors, i.

Such prohibitions are generally enforced during certain hours, such as between the hours of p. Alternatively, minors may be prohibited from loitering in specific areas.

The most common examples of this would be vacant lots, roads, or alleys. As always, local laws could vary in how they define what constitutes loitering by a minor. Violations could result in a small fine. Loitering can be a stepping stone to vandalism. Some are homeless who look for dumpsters and parking garages on commercial properties.

They use the apartment pool to bathe. They do whatever it takes to sleep, bathe, eat, and survive. Simply put, loitering is when a person sits around on a commercial property without permission or plans to buy anything from the business.

Loitering causes security concerns and deters customers, employees, and visitors from entering the property or building. The fact is when people see someone laying around on a property, they may not feel safe or comfortable entering.

They don't know whether the person is dangerous. This, in turn, costs money for your business. The loiterers can drive visitors, tenants, and vendors away from your business. Employees may stop to chat with the loiterers or spend time with them. When they do this, the employees are not doing revenue-generating activities. If you manage a retail center, an office building with multiple tenants, or an apartment, then current and prospective tenants will look elsewhere.

They may not want to rent from a place where their customers or families feel unsafe. This affects your property's image and brand.

Every person who is without a home has a story. Unfortunately, being homeless means constantly seeking places to do daily activities. It's basic survival. Cities and states have their own anti-loitering laws that make it a crime to do life-sustaining activities in public places.

Between and , the Dallas Police have issued more than 11, sleeping-in-public citations per Dallas Observer. Homeless people caught loitering cannot afford that. The Los Angeles Times reports police arrested 14, homeless people in , a 31 percent increase from Moreover, the homeless receiving tickets don't have an address and fail to show up in court.

That causes the fines to balloon. The fine for sleeping on the sidewalk in L. These include conviction fees, court security, emergency medical, DNA lab, criminal surcharges, county penalty fund, state penalty fund, and so on. These folks are homeless. How are they supposed to pay a fine especially when it keeps climbing? So, what do they do? When law enforcement tells a homeless person to leave, the person moves on to the next spot. That spot could be your business. Rather than risk getting caught in public places where police patrol, the homeless will seek a place to camp that's not public.

Of course, everyone would like to see a solution to homelessness. It's a big problem and a hard cycle to break.

In the meantime, businesses need to keep functioning without those who are disrupting operations. The first thing to do is to treat homeless visitors as humanely as possible.

No business wants to end up in the news for mistreating someone regardless of breaking the law. What are the most humane ways to deter loitering due to homelessness?

Start by posting a "No trespassing" or "No loitering sign. If the person continues to loiter, ask the person to please leave, explaining that you are enforcing the "no trespassing" policy.