Rep. Tim Rudd (R-Murfreesboro) says people experiencing homelessness are being “shipped” by the busload from Nashville to Murfreesboro.
A bill coined the “homeless busing bill” by Rudd passed both the House and Senate this week, co-sponsored by fellow Murfreesboro Republican Sen. Shane Reeves. Under Senate Bill 1788/House Bill 1671, local governments must coordinate the transportation of homeless individuals with the receiving jurisdiction. (Nonprofits are exempt from this requirement.) The bill authorizes local attorneys general to seek civil penalties and allows receiving jurisdictions to seek damages and injunctive relief if the provision is violated. The method of confirming that such “busing” has happened and the means of recourse from a receiving jurisdiction are unclear, as Rudd declined to respond to the Scene’s specific questions about the bill.
"Local governments should never be relocating homeless Tennesseans to places that lack the resources or capacity to serve them,” Rudd tells the Scene in a statement. “House Bill 1671 addresses a serious issue straining shelters' resources in Rutherford County by requiring written verification of available services. I'm grateful to my colleagues for joining me to protect vulnerable individuals while ensuring our charitable organizations have the support they need to continue providing stable care and shelter."
India Pungarcher is the associate director of advocacy at Open Table Nashville, a local homeless services and advocacy organization. She tells the Scene that there simply isn’t a governmental entity organizing and paying for such a thing.
“We don’t have concerns about it, honestly,” Pungarcher says. “[The legislation] is just not a good use of time, because we know it’s not happening.”
The Nashville Downtown Partnership — a private nonprofit made up of downtown business and property owners — will pay for a bus ticket out of the city or out of state for people experiencing homelessness through its Homeward Bound program. However, as Pungarcher explains, the person looking to leave Nashville must get confirmation via phone from someone who can vouch that they will have somewhere to stay. (The NDP has not yet responded to the Scene’s request for comment.)
Open Table Nashville does have concerns, however, about SB 1847/HB 1802. In its original form, the legislation would have allowed the use of deadly force if someone is trespassing or attempting to trespass on another person’s property. In the original language, that included circumstances under which the trespasser’s back was to the property owner. The amended version allows deadly force only when crimes are being committed — “when they reasonably believe deadly force is necessary to prevent arson, burglary, robbery, aggravated robbery, or aggravated cruelty to animals,” according to bill language.
The bill is set to be heard in the House and Senate floor sessions next week. Bill co-sponser Sen. Joey Hensley (R-Hohenwald) is expected to incorporate into the Senate version of the bill a House amendment, which includes the key language removing the trespassing provision.
Open Table Nashville will be watching closely, as trespassing charges are pervasive among people experiencing homelessness.
“It just happens so often if you're living outside,” Pungarcher says. “We were just worried about [the fact that] people cannot help or prevent that. That's just something that their passive actions of just existing often result in them incurring a trespassing charge.
Opponents of the legislation say it criminalizes homelessness and provides no solutions
“We didn't want that situation that's so common to be an allowable reason to be shot and killed right on the spot,” she continues, “or even if they hadn't even trespassed yet.”
In 2022, the state passed a law making it a misdemeanor to camp near highways and banning camping on all public property. That legislation drew several protests and was later backed by a Supreme Court ruling.
“People want really quick solutions, but we didn't get here overnight,” says Pungarcher. “And we can pass as many pieces of legislation as we want to try to continue to criminalize homelessness, but we cannot fine, cite and arrest our way out of our housing crisis. Until truly every legislator accepts that, we're going to continue to see people living outside. … We have to continue to push for those deep investments in affordable housing.”
