Last December, onlookers recorded a man allegedly setting a woman on fire, then calmly watching her die. No one intervened, even those passing by as Debrina Kawam burned.
Many question the inaction of these witnesses. The explanation lies in decades of societal conditioning and policies that render the homeless invisible. Yet, ignoring the crisis is increasingly impossible. Data indicates over 770,000 people experienced homelessness in January 2024—an 18% rise from 2023. The bystanders to the burning woman aren’t anomalies; they represent a nation’s apathy toward homelessness.
American laws have fostered this national inaction, even condoning the deaths of the homeless.
How America’s laws impact people experiencing homelessness
This bystander effect began over a century ago with laws designed to conceal homelessness. The 1867 “unsightly beggar ordinances” criminalized the public presence of the homeless, effectively making them public nuisances. The consequence? Assisting them became equally stigmatized. Though repealed, these “ugly laws” left a lasting impact.
Recently, Atlanta city workers cleared a homeless encampment to prepare for Martin Luther King Jr. events. Without checking for occupants, they destroyed tents, resulting in the death of Cornelius Taylor. Taylor, like many others, was invisible. The National Homelessness Law Center reports that 48 states have laws criminalizing homelessness, including fines for sleeping in public spaces.
These laws not only marginalize the homeless, but also shape public perception. Witnessing a person giving a homeless man money, a woman commented, “He’s probably living better than you,” using a dismissive tone. This interaction wasn’t isolated. Communities across various states have erected warning signs. For instance, in 2017, a town posted signs stating, “Your generosity could lead to a fatality,” implying donations could fund drug use, thus associating charity with guilt.
In some areas, giving to the homeless is punishable. Police have ticketed or arrested volunteers for feeding the homeless in several states. A pastor faced fire safety violations for sheltering homeless individuals in his church. In Florida, a homeowner was fined over $90,000 for housing homeless people. In South Dakota, a planning commission denied a church’s permit for a warming center.
This is how we became bystanders—policies penalize anyone showing empathy or helping the homeless.
How the American legal system can help
We must transition from bystanders to advocates. The first step is supporting policies that prevent homelessness, including affordable housing and shelters. A major obstacle is lawsuits from residents opposing such initiatives.
Restricting affordable housing doesn’t decrease homelessness; it only determines where homeless individuals reside—on the streets or in supportive housing.
Next, we need to challenge misconceptions about the homeless. The claim that they are dangerous often fuels inaction. However, homeless individuals are more frequently victims of violence than perpetrators. A 2020 study showed 1,852 reported violent incidents against the homeless between 1999 and 2019, with 515 resulting in death. In several states, killers have targeted and murdered homeless people. In one instance, a man and his friend went looking to “kill a homeless guy,” resulting in the death of Brian Racine.
Finally, we must overturn laws that encourage ignoring or degrading the homeless. The Supreme Court ruled that local governments can criminalize sleeping outdoors, even when adequate shelter is lacking. Private citizens should not be penalized for aiding their unhoused neighbors, particularly when government support is insufficient. We can no longer afford to be bystanders.