Supreme Court hears case over criminalizing homelessness
WASHINGTON (Gray DC) - Should homelessness be a crime? On Monday, the U.S. Supreme Court heard arguments on whether laws punishing homeless people with civil penalties violate the Constitution.
Outside the court, advocates and activists chanted, “Housing not handcuffs” in what was a lie-in protest. 49-year-old Helen Cruz from Grants Pass, Oregon, who was previously unhoused, was one of them.
“Criminalizing and penalizing people who are homeless is not the answer. Housing is the answer,” said Cruz.
Grants Pass has become the face of a growing nationwide problem. Officials say the city does not have enough space in shelters for the homeless.
At the same time, its laws allow for fines against 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. The justices were also skeptical.
Justice Sonia Sotomayor directed to Grants Pass’ attorney Theane Evangelis, “So what you do is say only homeless people who sleep outdoors will be arrested. That’s the testimony of your chief of police.”
Evangelis responded, “These laws regulate conduct of everyone. There’s nothing in the law that criminalizes homelessness.”
Sotomayor cut her off and replied, “That’s what you say, but if I look at the record and see differently, it’s a different argument. Isn’t it?”
If the court sides with Grants Pass, it could change how cities across the country deal with homelessness. A decision is expected by the end of June.
Advocates say regardless of the court’s outcome, they would like to see more federal protections for the homeless.
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