Make cities pay for not enforcing the law

Make cities pay for not enforcing the law


If your next-door neighbor decided to start brewing beer in his garage, and the fermenting yeast made your house smell like rotten eggs, you could sue him for nuisance, enjoin him from making beer, and seek damages to repair the damage to your house.

That is a fair common law principle.

But what if the city you live in refuses to enforce anti-vagrancy laws, such as bans on camping, panhandling, or public urination? What if the resulting homelessness encampments increase crime in your neighborhood and result in your home smelling like urine? 

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There is no cause of action in common law against a local government for not enforcing the law. If the mayor and district attorney decide not to enforce your city’s anti-vagrancy laws, and

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