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An emergency room nurse is suing a New York City hospital she claims fired her for complaining about its mistreatment of a homeless man. She says the hospital refused to treat the man during a suicide attempt in 2009. Police found him dead the next day of a drug and alcohol overdose.

Federal law requires most hospitals to admit homeless or other indigent patients for emergency treatment. It's called the Emergency Medical Treatment and Labor Act. If a hospital gets federal assistance, is a charitable, nonprofit organization exempt from taxation, or receives Medicare payments, it must give emergency treatment to people who can't pay. Emergency treatment means care for persons whose health is in "serious jeopardy" and for pregnant women in labor.

Original Article

Millions of people across the US are homeless. They live in alleys, on beaches, in parks, shelters - and sometimes their cars. Towns and cities have laws restricting what, where, and how homeless people may go about their daily lives.

Sometimes lawmakers forget homeless people have rights, too.

Homeless Laws

Dozens if not thousands of laws are on the books across the US as cities and towns try to help their homeless. For example, Venice Beach is the latest on a growing list of California cities restricting where and when RVs may park.

This new law bars the dozens of "near-homeless" living in their RVs from doing what they've done for years: Park in the beach parking lot during the day and then park on a city or suburban street overnight. The city plans to start a program for overnight parking in specific areas.

Laws like this aren't unusual. Laws may:

  • Require a license or registration to panhandle or beg
  • Limit loitering in places where someone has no business - like someone without a bus ticket resting in a bus station
  • Ban giving food to homeless people in certain places, such as on public streets or public parks

Generally, these laws protect the public health and welfare of everyone in the community.

The Venice law is a good example. RVs parked on streets may cause traffic snarls and make it difficult for fire trucks and other emergency vehicles to travel. Also, there were reports of raw sewage from RVs dumped into the streets.

Too Far

Some laws go too far, though. For example, laws barring sleeping in any public place usually can't be enforced against people without a legal, alternative place to sleep. Likewise, a complete ban on begging or panhandling probably violates the First Amendment.

Homeless people do have legal rights. They have the same rights every other US citizen has. They have the right to vote; the right to be free of illegal searches and seizures; and the right not to be discriminated against, just to name a few.

Also, under a federal law, homeless children may attend public school, and the family has a right to shelter and emergency services.

There's a new federal law in the works that would help make violence against homeless people a hate crime. Hate crime or not, assaulting a homeless person is just as illegal as assaulting someone who lives in a mansion. And the violence is a growing problem nationwide.

What You Can Do

It takes personal action to deal with homelessness. Regardless of why - humanitarian reasons or concerns over property values - the goal is really the same: Get people off the streets.

For many, homelessness isn't a lifestyle choice. It's brought on by the loss of a job, financial ruin, or other hurdle. Their problems, however, don't strip them of their legal rights, or their right to be treated with dignity, respect, and compassion.

Questions for Your Attorney

  • Can a city charge a fee for a panhandling license?
  • Can local police force someone to sleep at a homeless shelter?
  • As a property and business owner, what can I do to keep homeless people from sleeping on my steps and doorway? They're hurting my business.