Supreme Court Ruling Allows Criminalization of Homelessness in the Absence of Shelter
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The supreme Court’s decision in City of Grants Pass v. Johnson, issued on June 28, 2024, allows local governments to criminalize individuals for sleeping outdoors, even when there is no access to adequate shelter. This ruling has ignited a nationwide debate about the rights of unhoused people and the role of government in addressing homelessness.
the Grants pass v.Johnson Ruling
The Supreme Court overturned the 2018 Martin v. Boise precedent set by the Ninth Circuit Court of Appeals, which stated that the Eighth Amendment’s “cruel and unusual punishment” clause prevents cities from penalizing unhoused individuals for sitting, sleeping, or lying outside on public property if they lack access to adequate temporary shelter [1]. The Grants Pass case involved Debra Blake, a resident forced to live outside for eight years after losing her job and housing; her disability disqualified her from staying in the town’s only shelter.
The city of Grants Pass, like manny others in the U.S., has a number of unhoused residents that exceeds the available shelter beds on any given night. The city’s anti-camping ordinances prohibited people like Debra Blake from even basic acts of survival in public spaces.
Did You Know? As of January 2023, over 653,000 people were experiencing homelessness in the United States on a single night, a 12% increase from 2022 2.
The Broader Context of Homelessness
The rise in homelessness is closely linked to the diminishing social safety nets and the increasing unaffordability of housing. A person working full-time earning minimum wage cannot afford a safe place to live in almost any area in the United States 3. Instead of focusing on housing and social services, many cities have resorted to criminalizing homelessness.
Historically, figures like former new York City Mayor Rudy giuliani have expressed the desire for unhoused people to simply “disappear” through crackdowns, reflecting a lack of empathy and understanding of the systemic issues driving homelessness.
Housing Frist Initiatives
An alternative approach to criminalization is the “Housing First” model, which prioritizes providing stable housing to unhoused individuals before addressing other issues such as substance abuse or mental health. This model is coupled with voluntary supportive services to improve housing stability and overall well-being.
The Housing First approach has garnered bipartisan support and has been endorsed by the Department of Housing and Urban Advancement (HUD) and other agencies. Evidence suggests that Housing First is effective, with cities like Houston, Texas, reducing homelessness by nearly two-thirds over a decade 4.
The Human Right to Housing
the discussion around homelessness frequently enough overlooks the fact that housing is a fundamental human right, as defined and internationally protected 5.Though, in the United States, housing is primarily treated as a commodity, leading to a failure to protect this right for a meaningful portion of the population.
The sheer number of people experiencing homelessness-over 653,000 on a single night in January 2023-directly violates the right to adequate housing. Addressing homelessness requires recognizing it as a government failure rather than blaming individuals for their circumstances.
The U.S. does not formally recognize housing as a human right, but there is a growing movement to advocate for this recognition, similar to the push for Medicare for All. This would involve transforming the nation’s approach to housing policies and ensuring that people are not punished for living in public spaces.
Pro Tip: Supporting local organizations that advocate for affordable housing and provide direct services to unhoused individuals can make a tangible difference.
Key Metrics on Homelessness in the U.S.
| Metric | Value | source |
|---|---|---|
| Homeless Population (Jan 2023) | 653,000+ | HUD |
| Increase from 2022 | 12% | HUD |
| Minimum Wage Workers Affording Rent | Almost impossible nationwide | NLC |
| Houston’s Reduction in Homelessness | Nearly two-thirds over a decade | THN |
What steps can communities take to shift from criminalizing homelessness to providing supportive housing solutions?
How can individuals advocate for housing to be recognized as a fundamental human right in the United States?
Evergreen Insights: Understanding the Roots of Homelessness
Homelessness is a multifaceted issue influenced by economic inequality, lack of affordable housing, mental health challenges, and substance abuse. Historically, shifts in economic policies and reductions in social safety nets have contributed to increased rates of homelessness. Understanding these underlying factors is crucial for developing effective and compassionate solutions.
FAQ: Addressing Common Questions About Homelessness
Disclaimer: This article provides general details and should not be considered legal or financial advice. Consult with a qualified professional for specific guidance.
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