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by probably_wrong 22 days ago
My understanding is that loitering laws are much older than that - the first versions of these laws seems to date to 1342 [1].

IMO what all these laws have in common is that they're designed to allow the police to legally ask questions to people (or straight up remove them) who look suspicious but haven't committed any crime. Why would anyone want to remove people who haven't done anything wrong is a more nuanced question that I'm not qualified to properly answer.

[1] https://eji.org/news/visual-history-loitering-laws/

2 comments

Have an unmarked "free candy" type van park across your street from your house day in and day out, moving with just enough regularity to avoid parking too long, and you might begin to understand why "look suspicious but haven't committed any crime" starts to weird people out.
There's an inherent tension between protecting public spaces and protecting vulnerable but disruptive people.

Your link refers to an article which is very American and very 2018. Lots of large font size headings about race and sexuality and gender. I don't think it's a productive take on how to manage the tension. Racially homogenous societies still need to decide how to handle people who try to sleep at train stations and yell at the commuters.

Sleeping at train stations is fine (as is sleeping on trains), and yelling at commuters is disruptive / antisocial behaviour. (I don't like the word "antisocial" in laws, because it's too open to interpretation, and then you have a load of case law defining what precisely "antisocial" means, known only to legal experts, leaving everyone else ignorant of the law.) It seems to me that additional rules against loitering are not useful for the situation you described.
Why is sleeping at a train station fine? (Unless you're talking about infrequent long distance trains).

Trains are transportation infrastructure. Drivers don't have to put up with people setting up a queen bed in the middle of their lane on the highway. If a country doesn't protect its public transport infrastructure, then the rich and the middle class stop taking the train, the poor have to put up with things, and the mentally ill get an overpriced and noisy mobile homeless shelter. One that costs more and helps less than crisis accommodation.

Sorry, different person here, why does "sleeping at a train station" imply "setting up a queen bed in the middle of their lane on the highway" or anything of the sort?
People use a train station for travel. We don't allow people to sleep blocking a road, because that would obstruct travel, even though a road is a public space. Likewise, we shouldn't allow people to sleep in a train station where they'll obstruct travel, even though it's a public space.

I agree that the two aren't exactly the same, but public transport users have a right to safe, comfortable, unobstructed travel. There's a difference between preventing a class of people from using public transport to travel, vs preventing everyone from using public transport to sleep.

I also note that the case of long distance travel is an exception, because you might legitimately need to sleep at a station between legs. I'm talking about people who sleep in train stations with no intent of travelling anywhere.

Sorry, I'm still failing to see how someone rough-sleeping on a bench is in anyway comparable to blocking a road and obstructing travel. The actual equivalent would be laying across the track... which is not what's happening. I have seen disturbing images of places who so acutely fail to support their homeless populations that they have no other choice than to sleep in the roads, but even then they're up against the curb, not actually blocking the road.

At this point, I'm beginning to think you consider the mere presence of a rough-sleeper at a train station to be blocking the use of that train station, regardless of what it is they're actually doing.