Benson v. Schmitt
Equal Justice Under Law Under Law, along with local partners at The Cook Group, filed a critical lawsuit challenging the criminalization of homelessness in Missouri. Missouri recently passed a law, House Bill 1606, which will make it a crime for people to sleep or camp on public land. Equal Justice Under Law is seeking expedited relief in federal court to prevent this law from taking effect on January 1—if not stopped, hundreds of people experiencing homelessness will be at risk of unjust criminal prosecution. Instead of providing much-needed housing to those who are struggling, the State of Missouri is punishing people for their poverty. Not only is this cruel—it’s unconstitutional.
Our Lawsuit: We filed this lawsuit on December 21, 2022. Ronald Benson, a named Plaintiff in this case, is a disabled veteran who served 12 years in the Army Airborne. He is currently unemployed and sleeps on public land when shelters have proven overcrowded or unsafe. Mr. Benson is concerned that criminal prosecution for sleeping outside will affect his future ability to enroll in rental assistance programs and other public benefits, and that it will affect prospective employment opportunities. Given the lack of free, reliable, and safe housing options, Plaintiffs like Mr. Benson often have no choice but to sleep or camp on public land, and for this, they may be prosecuted, unless the law is stopped.
case details
Motion for Temporary Restraining Order
Status: Ongoing
Date Filed: 12/21/2022
Plaintiffs: Ronald Benson, Derrick Hall, Dawn Johnson, John Lansing, Steven Ray Thomas, Jr., Robert Waldrup, and Michelle Whorff, individually and on behalf of all others similarly situated
Defendants: Eric Schmitt, in his official capacity as Attorney General of the State of Missouri, Michael Sack, in his official capacity as Police Commissioner, and the St. Louis Metropolitan Police Department
Jurisdiction: United States District Court for the Eastern District of Missouri Eastern Division
Partners: The Cook Group
IMPACT
Case is ongoing.
