July 19, 2024.
In a nation as affluent as ours, it is shameful that millions lack shelter and are forced to live on the streets. The recent Supreme Court ruling in Grants Pass v. Johnson is further normalizing the criminalization of homelessness. On June 28th, the Supreme Court’s decision in Grants Pass v. Johnson opened the door for communities across the country to impose fines, tickets, or arrests on individuals who are homeless, even when there are insufficient shelter options available. It has become a crime to be homeless at a time when half the population in our country is unable to find affordable housing.
This ruling establishes a troubling precedent that jeopardizes the fundamental rights and dignity of some of our most vulnerable citizens. The Supreme Court ruled that the Eighth Amendment’s prohibition on “cruel and unusual punishment” does not prevent the City of Grants Pass from imposing criminal penalties on homeless individuals for camping in public spaces. While the Court acknowledged that there may be other legal grounds to challenge what Grants Pass was doing to homeless individuals, including potential violations of the Fourth Amendment (unlawful search and seizure) and the Fourteenth Amendment (equal protection under the law), the case is significant because the Eighth Amendment’s clause has been previously used by advocates to combat the criminalization of homelessness elsewhere. Though the Court did not explicitly overturn prior anti-criminalization rulings, such as the Ninth Circuit’s decision in Martin v. Boise, it undermines those efforts.
This is a crucial moment to strengthen our coalition of advocates who are prepared to oppose harmful measures aimed at ticketing, fining, or arresting unsheltered individuals. While the Supreme Court case has garnered significant media attention recently, there is an ongoing and escalating series of policy threats against those experiencing homelessness, manifesting as local laws, ballot initiatives, and state legislation. In at least 37 municipalities in Pennsylvania, sleeping in public areas is prohibited.
An aggressive campaign to criminalize homelessness while undermining effective strategies like Housing First is gaining momentum in state legislatures nationwide. Several states, including Texas, Tennessee, and Missouri, have already passed laws to this effect. Other states, such as Arizona and Georgia, successfully blocked detrimental legislation last year, but new proposals are emerging this year.
It is crucial to recognize that homelessness often stems from systemic issues such as poverty, insufficient affordable housing, and mental health obstacles. Rather than criminalizing individuals who are already enduring significant hardships, we should concentrate on addressing the root causes of homelessness and ensuring safe, stable housing for everyone. Consider the possibility of you or a loved one being without a home. Would you want to face fines, tickets, or arrests just for trying to survive? Homelessness is not a crime; it reflects a flawed system that prioritizes profit over people.
As a society, we must reassess our values and advocate for the right of every person to have a secure place to live. We must urge our leaders, both locally and nationally, to take swift action to tackle the housing crisis and endorse initiatives that promote affordable housing for all. Let us unite in support of our homeless neighbors and champion justice, compassion, and humanity. We must ensure that the fundamental rights of all individuals, irrespective of their housing situation, are honored and respected. As Mahatma Gandhi noted, “A nation’s greatness is measured by how it treats its weakest members.” Let us aspire to be a nation that cherishes the dignity and welfare of every individual, not just those who can afford a home. Housing is a fundamental human right. The answer to homelessness lies in providing housing, not in using law enforcement to push people out of sight. Our shared humanity demands that we treat this differently.
For questions or more information, please contact:
Leah M. Reynolds, M.S.P.L.
Executive Director
Cell: 412-915-5308 / Fax: 484-732-8227
Leah@KACSImpact.org
