Police across the country are enforcing laws that restrict or prohibit behaviors of people experiencing homelessness, including panhandling, sleeping, sitting or lying down, and living in vehicles within public spaces. These laws criminalize poverty, fuel prejudices and stereotypes, and spur further criminalization and community divide. 

After even a short stay in jail, research shows many people face significant collateral damage. People lose their jobs, their housing, and even their families. Involvement in the criminal legal system, including arrest, jail time, and court appearances, is expensive and disruptive. It prevents people from going to school, finding and maintaining work, attending social service appointments, or taking part in activities that would otherwise remedy the situation. These effects are felt not just by individuals, but by entire communities. 

Incarceration for activities related to homelessness increases the likelihood that an individual will continue to be homeless, creating an inescapable cycle. Recently released individuals may incur hefty fees for electronic monitoring devices. In Marion County, where 4,300 people are monitored daily, these devices cost $50 per month plus a daily fee of up to $14, resulting in an initial monthly bill of up to $481. A significant number of individuals who are forced to pay fees for electronic monitoring devices make less than $12.00 per hour. Incarceration harms future employability, family relations, and housing options. People are often screened when applying for a job, housing, government benefits, and treatment services, and even minor crimes can have serious consequences on future opportunities. 

Just last session, the Indiana General Assembly passed an anti-panhandling bill that would have severely restricted panhandling across the state, essentially banning it in larger cities such as Indianapolis. The ACLU of Indiana challenged the law because it violates Hoosiers’ First Amendment rights. The federal court granted a preliminary injunction, preventing the law from taking effect.  

Recent panhandling legislation is just one example of the over criminalization of homelessness and the need to reimagine the criminal legal system statewide. Many cities in Indiana, including Indianapolis, Fort Wayne, Evansville, South Bend, Bloomington, and Jeffersonville, have anti-homelessness municipal laws that criminalize the behavior of vulnerable Hoosiers. Instead of criminalizing this behavior, we must limit individuals’ involvement in the criminal legal system and invest in resources to ameliorate the problem at its root. In 2019 Indiana saw a 4% increase in homelessness, compared to a nationwide increase of 2.7%. We must assist those who suffer the consequences of America’s income inequality and failed mental health system.  

The solution, to divest from police and reinvest in communities, is a two-fold process that fits together seamlessly with decriminalizing poverty. First, eliminate laws that criminalize homelessness, allowing for fewer police to be on the streets, making fewer arrests. Then, reallocate the savings toward housing reform projects and shelters, further alleviating Indiana’s homelessness problem. 

Decriminalization alone does not address the factors that lead to homelessness, including lack of affordable and available housing, non-livable wages and unemployment, nor does it create new opportunities for people caught in this vicious cycle. The Indiana legislature should be trying to remedy the sources of homelessness and joblessness. Instead of criminalizing poverty, we must prevent homelessness among vulnerable Hoosiers and invest in social services and affordable housing in our cities. For a deeper look at criminalization and other systemic obstacles to addressing the needs of homeless people, listen to ACLU’s podcast At Liberty. 

As calls for police reform reverberate throughout the country, the ACLU is committed to advocating for divestment in law enforcement and reinvestment in community resources. This blog series examines different facets of reimagining the role of the police in Indiana. 

We’re calling on Indiana elected officials to ensure Hoosiers have the option to vote absentee — no excuse needed. To request a mail-in ballot Indiana typically requires voters to provide a reason they can’t make it to the polls, but protecting voters from the threat of COVID-19 should be reason enough.  

Indiana is one of only nine states requiring a reason to cast an absentee ballot for the November 3rd election. Twenty-nine states offer no-excuse absentee voting in every election, and voters in five states automatically receive a ballot in the mail. In other words, the option to vote absentee is the norm in a majority of the states. Indiana should be one of them. 

This more accessible form of voting ensures, rather than threatens, free and fair elections for all. Despite claims that absentee voting enables voter fraud, government investigations, courts, and academic research all have concluded this issue is nearly non-existent. Voter fraud incident rates are between 0.0003 percent and 0.0025 percent, and despite several studies into this issue, no evidence of organized fraudulent efforts has been found. In fact, you are more likely to be struck by lightning than to commit voter fraud.  

Indiana already suffers from incredibly low voter turnout, and we must not allow the pandemic to send our voters in the wrong direction. Indiana had the 14th lowest voter turnout in the 2016 presidential election with turnout just over 56% and the 12th lowest turnout in the 2018 midterm election with just 46.5%. These rates suggest that Indiana does not have a voter fraud problem, but rather a voter turnout problem.  

Indiana is home to seriously alarming voter suppression laws, including the most restrictive voter ID law in the country and consistent attempts to purge voters without notice. These laws are passed under the guise of election integrity and disproportionally impact voters of color. 25%of African-Americans lack a government-issued ID, the only acceptable voter identification in Indiana. And, purging voters due to perceived duplications also impacts Black and brown communities more than whites due to a prevalence of common surnames in ethnic communities.  

Indiana also has one of the shortest polling windows at 12 hours. Add the health risk of a global pandemic and we are setting Indiana up for another election with embarrassingly low voter turnout. The health threats related to the current pandemic are likely to limit the number of volunteers and voting booths at polling locations, leading to unmanageable lines on election day. Now more than ever we are pushing for Indiana to enact no-excuse absentee voting.  

In the 2018 midterm election, 32% of Indiana votes were absentee, but every Hoosier should have the right to cast their vote via mail-in ballot this November. Indiana cannot wait until a month before the election to expand absentee voting. During the primaries we saw Indiana’s system overwhelmed by the massive increase in absentee ballots. Many voters reported not receiving their application or ballot in time to return it by the noon deadline. 

We must allow time for the appropriate measures to be put in place. If absentee voting is enacted but we see thousands of votes go uncounted, or absentee ballots that don’t make it to recipients in time, then Indiana officials haven’t done enough. Indiana election officials must act now. We can’t allow COVID-19 to be a barrier to the ballot box. That’s why we’re calling for no-excuse absentee voting, an extended deadline to return absentee ballots, and the option to safely vote in person. Let election officials know you demand a safe, fair, and easy way to cast your ballot. 

Contact Holcomb & Demand No-Excuse Absentee Voting

Music can be so deeply connected to our lives and our work - and that’s definitely true here at the ACLU of Indiana. Whether it’s a protest song from the 60s that reminds us of the long history of our fight, a punk-rock rager when we need a good yell, or a fun dance song with a good beat that shores up our enthusiasm when we’re getting ready to show out and show up in the fight for justice and equality. We each have our unique “let’s go” songs that keep us moving. 

We thought it would be cool to ask our staff to tell us about the tunes they cue up when they need that extra boost. It was so much fun to see the variety of tastes in our office… and as a bonus, we created this nifty Spotify playlist that you can use if you want to listen along! Plus, we’ve even included some extra tracks submitted by our Board of Directors and our interns.  

ACLU of Indiana Spotify List

Stevie Pactor, Staff Attorney 

Take a Giant Step - Taj Mahal: The fight sometimes involves setbacks, and this song is a good reminder for me not to dwell on failures, but to move forward with introspection and compassion.   
 
Like a Girl -- Lizzo: These lyrics give me life, from word one: “Woke up feelin' like I just might run for President / Even if there ain't no precedent, switchin' up the messaging / I'm about to add a little estrogen.”  I may or may not have cried in my car on the way to work listening to this song on repeat.  
 
Europe – The Final Countdown: Yes, I know.  But that intro synth just does it for me, especially since I can’t not think about Gob Bluth every time I hear it.  Was this my ringtone for a period of time in the mid-2000s?  Maybe.     

Leigh Ann Sink, Office Manager 

Nessun Dorma (Turandot) -- Giacomo Puccini: This is the version with Aretha Franklin (she stepped in for Luciano Pavarotti on the 1998 Grammys). It’s about finding strength in adversity. The prince needs to answer 3 difficult questions put to him by a cruel but beautiful princess or he’ll lose his life!  
 
The Birth of Kije (Lieutenant Kije) -- Sergei Prokofiev: Lt. Kijé is the story of an imaginary soldier, created when the Russian Tsar misread a smudged name on a list of his men. Everyone around the Tsar was too afraid to tell him there was no such person, so they just invented an entire life for the nonextistent Kijé. He gets married and becomes a hero -- all on paper. 

Well You Needn’t -- Thelonius Monk: This is just the coolest music by an artistic genius. 

Ann D’Angelo, Litigation Support Manager 

Rise - Public Image Limited: Like many women, I have been told to calm down, quiet down, sit down, compose yourself, and above all, stop being so angry. For all the times I have been shushed, scolded, and glared at ... this song is a pretty glorious way to submerge myself in my anger and outrage, the very sources of my activism. 

Cult of Personality -- Living Color: When I saw Corey Glover perform this he climbed 30 feet up in the air, clinging to the proscenium with one hand, holding the mic with the other, and banging his head with total abandon -- dreds flying. This song is about inhabiting the moment, furiously resisting the dangers of a charismatic leader.    

Good Grief -- Urban Dance Squad: Really, there isn’t a darn thing in the content of this song that makes me want to take to the streets. This song fills me with a fierce, relentless energy, like gas in a tank.  

Ashley Toruno, Community Engagement and Policy Advoate  

Latinoamérica – Calle 13: I remember hearing this song for the first time and hearing the line, “tu no puedes comprar mi alegría, tú no puedes comprar mis dolores,” which in English means, “you cannot buy my joy, you cannot buy my pain." These lines are a reminder of the resilience within Latin America’s history and the resilience within my Latin American identity. The song inspires me to honor the sacrifices my family made by leaving Nicaragua and seeking asylum in the U.S.  

Superwoman --Alicia Keys: This song reminds me of my biggest supporter, role model and main source of inspiration, my mother, who consistently inspires me to always fight for what I believe in and remain determined. All her sacrifices and hard work as an immigrant woman, small business owner, community leader, mentor to many, and more roles she plays have always made her a superwoman in my eyes. 

I Can – Nas: I love this song because I feel the most motivated whenever I have the opportunity to connect with young activists fighting to fulfil their dreams of fighting for justice. Since many social justice movements may seem too daunting to join or tackle at first or at times, this song is a great reminder to me to believe in ourselves, no matter our age or how small we might feel. 

Jane Henegar, Executive Director 

(Fittingly pictured here somewhere in mass of fellow rabid Springsteen fans) 

I Won’t Back Down – Tom Petty (performed by Johnny Cash): This song of duty, defiance, and resilience - sung by artists who speak truth to power – inspires me to stay in the fight.  
 
The Ghost of Tom Joad – Bruce Springsteen (feat. Tom Morello): Many, many of Bruce’s songs speak of the crushing heartbreak of economic and racial injustice, including his song “The Ghost of Tom Joad.”  This version features Tom Morello of Rage Against the Machine; Tom is a scorching guitar player and an ACLU Smart Justice ambassador. 

Freedom – Beyonce (feat. Kendrick Lamar): Bey sums it up for all of us:  Our songs are worth singing, ‘”’cause a winner don’t quit on themselves.” 

Kit Malone Advocate and Educator 

Roots Radical – Rancid: Look, this song rules. I cannot count the number of cups of coffee I’ve been through with this as my “give ’em the boot” anthem on a morning when I needed an extra boost. 

People Who Died – The Jim Carrol Band: Being trans means seeing too many people you love check out early. When it happens, I sometimes crank Jim Carrol’s scorching ode to the ways his friends got themselves killed. Maybe that’s morbid, but it helps me reconnect the sadness of those losses with my duty to suit up and get back on the front lines. 

Transgender Dysphoria Blues – Against Me!: Performing rock music is an important part of my life. But for years I abandoned it - the dysphoria I felt made me want to hide from my singing voice. This helped me find it again. It’s a call-to-arms for trans girl rockers. Laura Jane Grace’s lyrics give voice to that frustration of never quite fitting. “Your tells are so obvious/Shoulders too broad for a girl/Keeps you reminded/Helps you to remember where you come from.” 

Ariella Sult, Director of Communications 

Tom Morello  ft Knife Party – Battle Sirens: We had the honor of hosting Tom Morello at the ACLU of Indiana in his work as a Smart Justice Ambassador. A leader in sticking it to the man, and a musician who manages to get your adrenaline pumping, ever since his visit this is my go-to when I need to get psyched. 

Sam Cooke – A Change is Gonna Come: I have always been a huge Sam Cooke fan, but found new inspiration for this song after watching the Netflix documentary on his life and political involvement. Written during the civil rights movement, in the hope of a better day, the original version of this song made even bolder statements, which the music industry forced Cooke to edit out of the mainstream version. Some even argue Cooke’s untimely death was a result of his social activism. 

Katie Blair, Director of Advocacy and Public Policy 

Standing In the Way of Control – Gossip: My favorite lyrics in this song are “I don’t want the world. I only want what I deserve.” I love it so much that I have it tattooed on my arm. To me, so much of what we fight for are basic human rights. It should be simple but oftentimes, especially in Indiana, it is not.  

Entertain -- Sleater-Kinney: I listen to this song before I go into every legislative battle. It is the perfect song to belt out in your car. 

Stand Back -- Stevie Nicks: Did you really think you were going to get through this list without one Stevie Nicks song? Not only is she an icon but Prince plays the tasty guitar lick in the breakdown. 

Rebecca Mimms, Intake Coordinator 

Woman – Kesha: I listened to this song before every single interview. I believe that the lyrics speak for themselves. “I’m a woman, I can do anything.” 
 
See A Victory – Elevation Worship: This is the song that I listen to on days where I feel that very few results are coming in. It reminds me to keep my head down and keep fighting the good fight, there will always be a victory. 

Ken Falk, Legal Director 

Chicago – Graham Nash: “we can change the world, rearrange the world, its dying, if you believe in justice, / Its dying, and if you believe in freedom . . ..” 

RESPECT – Aretha Franklin: Aretha. Enough said. 

The Way It Is -- Brue Hornsby

Neil Hudelson, Director of Philanthropy 

Public Enemy --Fight the Power: Pretty much a perfect song.  It’s simultaneously erudite, evocative (tell me you don’t immediately start dancing like Rosie Perez), and so catchy that it fits on any play list. 
 
Rage Against the Machine – Know Your Enemy: “Something must be done about vengeance, a badge and a gun.” 

ACLU of Indiana Spotify List