Maryland Bill Seeks to Decriminalize Homelessness as Hagerstown Considers Stricter Ordinance Targeting Homeless

Maryland lawmakers are revising a bill that aims to prevent the criminalization of homelessness, while officials in Hagerstown are considering an ordinance that would impose penalties on individuals sleeping in public spaces. The contrasting approaches highlight a growing debate over how municipalities should handle homelessness—through legal protections or stricter enforcement. House Bill 487/Senate Bill 484, now scaled back, focuses solely on repealing municipal vagrancy ordinances, while the proposed Hagerstown ordinance would make outdoor lodging illegal, with fines and possible jail time for violations.

HB487/SB484, sponsored by Delegate Bernice Mireku-North and Senator C. Anthony Muse, was initially introduced to provide broader protections for unhoused individuals. The original proposal allowed for legal action against municipalities that penalized homelessness and established an affirmative defense for those cited for trespassing or disturbing the peace. The revised version now concentrates on removing local vagrancy laws, aligning with efforts in states like California and Oregon that have enacted similar measures. Legislators argue that criminalizing homelessness does not address its root causes and instead places unnecessary financial and logistical burdens on local governments.

In contrast, Hagerstown’s proposed ordinance would prohibit sleeping or lodging in public places, including sidewalks, parks, and parking lots. The measure, justified as a public safety concern, would allow law enforcement to fine violators up to $500 or sentence them to 60 days in jail. Limited exceptions would apply for city-approved events involving temporary overnight stays. Supporters of the ordinance contend that restricting public lodging is necessary to maintain order and ensure the safe use of shared spaces, while critics argue it effectively punishes individuals for their lack of housing without offering solutions.

The juxtaposition of state-level efforts to remove criminal penalties for homelessness and local initiatives to enforce stricter regulations underscores the broader policy divide. Mireku-North and Muse have pledged to revisit additional protections for unhoused individuals in future legislative sessions, acknowledging the need for a balanced approach that considers both legal rights and logistical realities. Meanwhile, Hagerstown’s ordinance reflects a different perspective—one that prioritizes local authority and public space management over decriminalization efforts. As these discussions continue, the debate over whether homelessness should be addressed through legal protections or enforcement measures remains a pressing issue in Maryland.

Article by multiple RFHC contributors, based upon information from the Maryland House of Delegates press release and the City of Hagerstown proposed ordinance.

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