Policing Marginality in Public Space

The pandemic spurred by COVID-19 has illuminated in stark detail the threats to safety and health that have long-characterized lived experiences of unsheltered individuals. brought forefront deeply rooted structural problems, which contributed social conditions now currently rendering houseless people particularly vulnerable brutal disease premature death. Skyrocketing housing prices coupled with city-wide shortages converged recent years create a nation-wide affordable crisis. According 2018 report National Low Income Housing Coalition, meet existing demand, about 7.2 million more rental units would be built across United States. Although severity problem varies jurisdictions, same indicates “[n]o state, including District Columbia, an adequate supply for extremely low income households.” In Los Angeles, perhaps “epicenter” crisis,6 number increased 12% Angeles County 16% city Angeles—a 52% increase since 2011.7 Approximately 75% homeless are live outside. The crisis seems also prompted local jurisdictions ramp up quality-of-life policing efforts public spaces. this Essay, I suggest particular provides case study from scrutinize some historical ongoing harms flow managing access space using criminal laws—and why constitutional prohibitions against status crimes, one tool arsenal challenges policing, fail protect overcriminalization. first part Essay brief discussion past present uses law enforcement regulate boundaries of, behaviors within, spaces focus on how those laws served reinforce racial, gender, class other hierarchies. particular, discuss use to, in, reinforces both hierarchies contributes criminalization historically marginalized groups. second half Ninth Circuit case, Boise v. Martin, as entry point into limits criminalizing acts occur because, words Justice White his concurrence Powell Texas, person accused “no place else go.” protections do little limit or constrain oft-ignored but harmful purpose applied space: ordering function. function highlights its role targeting not only individuals, array groups deemed “out place,” disruptive, disorderly, dangerous. Centering permits practical view framework better account full scope stemming targeted at individuals