Supreme Court case could make homelessness a crime

By Josh RultenbergPublished: Apr. 19, 2024 at 2:19 PM EDT

WASHINGTON (Gray DC) - On Monday, the U.S. Supreme Court will hear arguments on whether laws punishing homeless people with civil penalties violate the Constitution.

Grants Pass, Oregon, which has a population of 39,000, has become the face for a Supreme Court case surrounding the homelessness crisis. Officials say they are trying to combat growing problem of encampments, but courts have tied their hands.

In a statement, Theane Evangelis, who is Grants Pass’ counsel, said, “The tragedy is that these decisions are actually harming the very people they purport to protect.”

The city of Grants Pass claims it does not have enough space in shelters for their homeless population. At the same time, its laws impose civil penalties, including fines, on people sleeping outside on public property. If the fines are not paid, they can become criminal charges. That is something lower courts have ruled is illegal.

“There’s nowhere for people to go. And the city of Grants Pass, instead of focusing on things that and homelessness like housing, started giving out $295 tickets to people sleeping outside for using things like a blanket in the middle of the winter. That is the definition of cruel and unusual, and that’s what this case is about,” said Jesse Rabinowitz with the National Homelessness Law Center.

If the court sides with Grants Pass, it could change how cities across the country deal with homelessness. On Thursday, lawmakers and advocates opposed to Grants Pass, gathered outside the court and called on the justices to protect people they say cannot protect themselves.

“Choose housing, not handcuffs. Choose compassion, not cruelty. Choose love for all of humanity. Not a disregard for the downtrodden,” said Rep. Cori Bush (D-Mo.).

A decision is expected by the end of June. Regardless of what the outcome is, homeless organizations like the NHLC say Congress and President Biden need to ensure everyone has access to housing.

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