The Supreme Court Is on the Verge of Criminalizing HomelessnessSince the onset of the Covid-19 pandemic, advocates and policy analysts have warned of a homelessness “tsunami.” It’s the worst-case scenario where the combination of lost income, backlogs of owed rent, and a lack of local government foresight contribute to a surge of people losing housing and ending up on the street. Well, it has arrived—and it’s poised to get much worse as the Supreme Court is set to decide whether to make homelessness a de facto crime.This past month, many cities and counties conducted their annual point-in-time homelessness counts. The results of January’s counts won’t be known for several more months, but they’re likely to be dire. The end-of-2023 results found that approximately 653,000 people were experiencing homelessness. That’s up more than 70,000 over 2022, or a 12 percent increase. In the 12 months since that data was collected, those numbers have likely gone up.
But the raw numbers are just the tip of the iceberg. As more people end up experiencing homelessness, they’re also facing increasingly punitive and reactionary responses from local governments and their neighbors. Such policies could become legally codified in short order, with the high court having agreed to hear arguments in Grants Pass v. Johnson.
Originally brought in 2018, the case challenged the city of Grants Pass, Oregon, over an ordinance banning camping. Both a federal judge and, later, a panel from the Ninth Circuit Court of Appeals struck the law down, saying that Grants Pass did not have enough available shelter to offer homeless people. As such, the law was deemed to be a violation of the Eighth Amendment.
The ruling backed up the Ninth Circuit’s earlier ruling on the Martin v. City of Boise case, which said that punishing or arresting people for camping in public when there are no available shelter beds to take them to instead constituted a violation of the “cruel and unusual punishment” clause in the Eighth Amendment. That applied to localities in the Ninth Circuit’s area of concern and has led to greater legal scrutiny even as cities and counties push for more punitive and restrictive anti-camping laws. In fact, Grants Pass pushed to get the Supreme Court to hear the case, and several nominally liberal cities and states on the West Coast are backing its argument. If the Supreme Court overturns the previous Grants Pass and Boise rulings, it would open the door for cities, states, and counties to essentially criminalize being unhoused on a massive scale.
Via Violet Blue's Cybersecurity Roundup: April 23, 2024The Supreme Court Is on the Verge of Criminalizing Homelessness
As the high court deliberates, policymakers are preparing for the possibility that they might solve a problem they created in the most punitive way.The New Republic
like this
Andrew Pam and Deb Zaccaro-Rojas like this.