The proposed rule would bar Virginia localities from penalizing people without an adequate nighttime home for basic survival activities in public, unless those activities create a traffic hazard.
A locality could not penalize an unhoused person for sleeping, resting, or other basic survival activities in a public place because of their housing status, unless the activity creates a traffic hazard.
A locality could not impose a civil or criminal penalty on an unhoused person for basic survival activities in a public place because of that person’s actual or perceived unhoused status. This covers people of any age who lack a fixed, regular, or adequate place to sleep at night, including people who meet the federal definition of homeless. Public places include a legally parked car in a public place. The activities must not obstruct pedestrian or vehicle traffic in a way that creates a hazard to others.
No hearings or votes scheduled.