As the struggle to address homelessness intensifies across the United States, two states—Delaware and Indiana—are taking starkly different legislative paths, each sparking heated debate among lawmakers, advocates, and the public about the best way forward.
In Delaware, House Bill 135 sits at the center of a fierce policy debate. Introduced in May 2025 by Representative Sophie Phillips (D-Newark), the bill would grant people experiencing homelessness the explicit right to occupy public spaces for essential, life-sustaining activities—provided they are not breaking any laws or neutral local rules that apply to everyone. This includes the right to sit, stand, or sleep in their car, so long as they aren’t blocking traffic, impeding businesses, or creating safety hazards, according to Spotlight Delaware.
The bill’s journey has been anything but smooth. On April 20, 2026, John Kane, policy director for Governor Matt Meyer, quietly emailed Phillips to request that the bill be held back until concerns about property rights, potential lawsuits, and the risk of jeopardizing federal housing funds could be addressed. “We will not speak out against the bill at your hearing, however, we respectfully request the bill not move until such time as these concerns can be addressed,” Kane wrote, as reported by Spotlight Delaware.
Phillips responded that she was drafting an amendment to tackle several of these issues. The bill also states that officials may enforce reasonable time restrictions on public spaces, as long as those rules apply equally to all and are not disproportionately enforced against people experiencing homelessness. Local officials could only compel someone to move if they could secure available shelter space, and failure to comply would remove a locality’s legal immunity from lawsuits.
Governor Meyer, when pressed on April 22, 2026, said he had not yet committed to signing the bill. “Our focus is making sure that there are comprehensive systems to keep the public safe and to give vulnerable populations a shot. In terms of the specifics of the bill. We’re still looking at it,” Meyer explained during a press conference, as quoted by Spotlight Delaware.
The bill’s critics, including several Republican lawmakers, argue that it could leave cities and towns exposed to costly civil lawsuits. House Minority Whip Jeff Spiegelman (R-Clayton) described the bill as a mandate to municipalities: “You will do this, or else.” He noted, “A lot of municipalities that we work with, especially smaller ones that are perhaps downstate, can’t afford a civil rights lawsuit.” The removal of sovereign immunity is a rare move, making it possible for state and local governments to be sued for violations and granting the Attorney General the authority to take civil action when necessary.
Supporters, however, contend that the bill is about preventing discrimination and shifting the focus from punitive measures to lasting solutions. Rep. Mara Gorman (D-Newark), a co-sponsor, argued, “The people that this is impacting are disadvantaged in a lot of ways. For them to file a lawsuit … is not like the easiest thing in the world to do.” Phillips herself emphasized, “It doesn’t matter who it is, if you’re going to it based on if they’re homeless or not, that’s discrimination against them simply because they’re homeless.”
Rep. Madinah Wilson-Anton (D-Bear) added, “It’s easy when you have housing to judge people who don’t … But until you’re actually in that situation, you really have no idea.”
The public hearing saw more than 30 speakers, including representatives from the Delaware Housing Alliance, the ACLU, the Delaware Association of Chiefs of Police, and the Delaware Association of Realtors. Those against the bill worried it would harm commercial districts by protecting encampments in parking lots and public areas. Rob Buccini, co-founder of the Buccini/Pollin Group, warned, “This actually will accelerate the attack on small businesses.”
On the other side, supporters like Rachel Stucker, executive director of the Delaware Housing Alliance, argued the bill would allow officials to focus resources on investing in housing and shelters, rather than using police to move or fine those who are unhoused. “The bill says this group of tools that we use that actually makes it harder for people experiencing homelessness to get help and be safe, we are no longer going to use them,” Stucker said. Others, like Gene Halus of the Ministry of Caring, urged the state to prioritize housing and prevention programs, saying, “I don’t need this bill. The people I serve don’t need this bill.”
The urgency is underscored by rising numbers: in 2025, Delaware counted nearly 1,600 unhoused people—a 16% jump from the previous year. Municipalities have responded with debates over new shelter beds and laws targeting panhandling and loitering. The Dover City Council recently rejected a panhandling restriction, while Wilmington’s council is reworking its loitering bill following backlash. Attorney General Kathy Jennings’ office has also drafted new anti-loitering legislation, though it has yet to be filed.
HB 135 would also require that personal belongings left in public spaces receive the same legal protections as private property, including safeguards against unreasonable search and seizure. The bill was amended before the committee meeting to clarify definitions of public property, broaden shelter requirements, and remove a provision that would have offered an affirmative defense for homeless individuals facing violations.
As of April 22, 2026, the bill had not cleared committee, but Phillips remains hopeful it will reach the House floor, according to House Democrats’ spokeswoman Jenevieve Worley.
In sharp contrast, Indiana is moving in the opposite direction. On April 23, 2026, Governor Mike Braun signed a law that criminalizes camping on public land. Under the statute, law enforcement must first assess the mental health needs of individuals camping in public, issue a warning, and provide shelter information. If the person remains in the area for more than two days, they can be charged with a class C misdemeanor—unless there are no available shelter beds within five miles. The law, which takes effect July 1, 2026, also requires encounters to be reported to better direct federal homelessness funding, according to WFYI Public Media.
Braun defended the law, arguing that Indiana’s previous “housing first” approach “has demonstrably not reduced homelessness.” He pointed to Indianapolis, a city that has seen rising homelessness despite years of policy work. “Indianapolis is a convention capital and hosts some of the greatest sporting events in the world. More and more, I think we see short term measures to maybe do something about it that hasn’t addressed it in a meaningful way,” Braun said.
But critics, including Pastor David Greene—a local leader in homelessness services—say the law will only drive people further into instability. “You cannot legislate people out of homelessness without first investing in housing, mental health care, and addiction treatment. What this bill does is push people further into the shadows, further into instability, and deeper into a system that was never designed to solve poverty,” Greene wrote in a statement cited by WFYI.
Indianapolis has launched its own initiative, Streets to Home Indy, which has closed three camps and housed 114 people since its inception in 2025. The Indianapolis Metropolitan Police Department said it will continue to work with its Homeless Outreach Unit and community partners. “We understand that an arrest is not always the appropriate response to the complex issues surrounding homelessness, but IMPD will take law enforcement action when crimes are committed,” the department stated.
As Delaware and Indiana chart divergent courses, the debate over how best to address homelessness remains as urgent—and as contentious—as ever. With rising numbers of unhoused people and mounting pressure on local governments, the search for effective, compassionate solutions continues.