Have we really just criminalized sleeping outside?

photo credit Nathan Dumlao

The Supreme Court’s recent decision in City of Grants Pass, Oregon v. Johnson, upholds a local ban on sleeping outside, and will allow cities and states that struggle to provide enough affordable housing or shelter options to fine or jail homeless people living unsheltered. The Court ruled that it was not considered cruel or unusual punishment to criminalize camping even when there are no affordable alternatives.

In addition, fining individuals who cannot afford to pay will ultimately make the situation more dire. This ruling fails to see that the efforts should be better placed in fighting homelessness and not further contributing to the problem. If you criminalize a person for sleeping on the streets, it makes it that much harder to place them in permanent housing. In addition to the unpaid fines eventually becoming misdemeanors.

On the flip side, some homeless advocates believe that the Court’s decision, while making it easier to clear out encampments, still gives cities and municipalities the discretion to decide what is in their best interest and putting resources into jailing or clearing homeless areas is often a costly burden they may not want to tackle. In recent days, Governor Gavin Newsom issued a statement that “This decision removes the legal ambiguities that have tied the hands of local officials for years and limited their ability to deliver on common-sense measures to protect the safety and well-being of our communities.” However, “California remains committed to respecting the dignity and fundamental human needs of all people, and the state will continue to work with compassion to provide individuals experiencing homelessness with the resources they need…”

Cities continue to wrestle with ideas on how to handle the growing homeless crisis, but fining them for doing something they can’t otherwise avoid is not going to solve this country’s homeless epidemic. 

Until next time…