The Illinois Department of Human Rights (IDHR) and the Illinois Office to Prevent and End Homelessness (OPEH) have banded together to send a clear message to public officials: The civil rights of persons experiencing homelessness must be upheld. Following a recent U.S. Supreme Court opinion on the regulation of public property for sleeping and camping activities, the agencies felt compelled to issue a letter outlining the state's legal obligations toward its homeless population. The letter reminds officials of their duty under the Illinois Human Rights Act (IHRA), the Illinois Civil Rights Act of 2003, and the Bill of Rights for the Homeless Act (BRHA).

Despite the high court's ruling, Illinois-based organizations are concerned about local government units that have or may create laws specifically penalizing the homeless. IDHR Director Jim Bennett expressed his views straightforwardly: "No one should be denied access to Illinois public spaces because they lack housing," in a statement obtained by the official Illinois government website . These sentiments are echoed by Christine Haley, Chief Homelessness Officer, who highlighted that in the past 15 months, upwards of 25 Illinois communities have passed ordinances that essentially criminalize homelessness.

The joint agencies' communication insists that any ordinances that limit public space access or impose penalties on persons experiencing homelessness are not only discriminatory based on housing status but could also disproportionately affect people based on a variety of other protected characteristics such as race, color, sex, and disability. Under the IHRA, individuals are not allowed to deprive others of public accommodations based on actual or perceived characteristics, a mandate that also applies to public officials, who are specifically barred from denying equal enjoyment of facilities and services under their administration.

Officials are urged to consider these rules when crafting and enforcing local laws because failure to comply could trigger legal repercussions. Rights such as equal treatment by all State and municipal agencies, safeguarded under the BRHA, could give rise to such action if infringed upon. For assistance regarding the Illinois Human Rights Act or BRHA, IDHR and OPEH have encouraged any inquiries to be directed through their respective contact channels.