HF5004

Purpose

Establish rules about the use of public land by people who are homeless, with the goal of protecting their right to engage in lifesustaining activities on public land while reducing penalties and providing a pathway to remedies if those rules are not followed.

Key Definitions

• Adequate alternative indoor space: a legally accessible, no-cost space available indefinitely, allowing personal companions and pets, with locking doors, climate control, and sanitary/cooking facilities (or shared facilities in a community setting). Could include a tiny home or a parking area with facilities.
• Lifesustaining activity: activities like moving, resting, sitting, standing, sleeping, eating, drinking, and protecting oneself and belongings from the elements.
• Homeless individual: as defined in statute 116L.361 subdivision 5.
• Public land: land owned or leased by government or open to public use, including plazas, sidewalks, parking, and related facilities.
• Motor vehicle and Recreational vehicle: as defined by existing Minnesota law.
• Municipality: city, county, or town.
• Public accommodation: places where the public can access goods/services (as defined in 363A.03 subdivision 34).

Main Provisions

• Prohibition on penalties for certain public-land uses

  • Municipalities must not penalize a homeless person for using public land to conduct lifesustaining activities or related actions listed in the bill.
  • A homeless person may engage in lifesustaining activities on public land unless an adequate alternative indoor space is available.
  • Protected activities include asking for or accepting food/drink/donations, storing possessions, praying or practicing religion, occupying a legally parked vehicle, moving a vehicle used for lifesustaining purposes, and retrieving items from a towed/stored vehicle at favorable terms.

• Access and rights on public land

  • People experiencing homelessness have the right to move freely, use public accommodations, solicit/donate food or water, store possessions, and enjoy privacy to the same degree as private-dwelling property, without unreasonable searches and seizures.
  • They may relocate a motor vehicle or retrieve items from a towed vehicle or storage without excessive cost or punishment.

• Enforcement and remedies

  • The Attorney General has authority to investigate and prosecute violations of these provisions.
  • Individuals harmed by violations may sue in district court to receive damages, costs, attorney fees (if they prevail in a nonfrivolous action), injunctive relief, and other equitable relief.
  • A prevailing plaintiff may recover costs and attorney fees; a nonfrivolous action by a plaintiff may avoid costs and attorney fees.

• Local preemption

  • This act would preempt conflicting local ordinances, regulations, or rules.

• Construction and rights protections

  • The bill does not authorize municipalities to discriminate against people based on housing status or punish them for exercising constitutional rights.
  • It does not remove other remedies for violations of constitutional rights, including protections against cruel and unusual punishment.

Significant Changes to Law

• Creates a new statutory framework (new chapter, intended to be codified in Minnesota Statutes as a public-land use provision) governing how homeless individuals may use public land for lifesustaining activities.
• Shifts enforcement toward state-level oversight with the Attorney General and creates a private civil-rights oriented remedy pathway for individuals harmed by violations.
• Establishes explicit protections on the use of public land and certain lifesustaining activities, while limiting penalties imposed by municipalities for those activities.
• Introduces a formal definition of an “adequate alternative indoor space” to determine when lifesustaining activities on public land may be restricted.
• Preempts local rules and ordinances that would conflict with these protections, centralizing the framework at the state level.

Practical Implications

• People experiencing homelessness would have clearer rights to exist and move on publicly accessible land without punishment when they are engaging in lifesustaining activities, provided an adequate indoor space is not available.
• Municipalities would need to adjust local rules to avoid penalties and to align with the state framework.
• Affected individuals could seek civil relief if they face violations, with the threat of damages and injunctive relief acting as a consequence for violators.

Limits and Considerations

• The act preserves the right to rights-related protections, including freedom from discrimination based on housing status and protections against cruel and unusual punishment, and it preserves other constitutional remedies.
• Specifics about how “adequate alternative indoor space” will be funded or expanded are not provided in this text.

Relevant Terms

• public land
• lifesustaining activity
• adequate alternative indoor space
• homeless individual
• public accommodation
• unreasonable search and seizure
• civil action
• damages
• injunctive relief
• attorney fees
• attorney general
• local preemption
• lifecycle activities (moving, resting, sitting, standing, sleeping, eating, drinking)
• motor vehicle
• recreational vehicle

Relevant Terms - public land, lifesustaining activity, adequate alternative indoor space, homeless individual, public accommodation, unreasonable search and seizure, civil action, damages, injunctive relief, attorney fees, attorney general, local preemption, motor vehicle, recreational vehicle, housing status, privacy, donations, storing possessions, religious practice, retrieval of items, towing, storage fees, lifey sustenance.