Reflecting on the Supreme Court Ruling in Johnson v. Grants Pass case
Jessilyn Averill
On June 28th the Supreme Court of the United States (SCOTUS) announced its decision in the Johnson v. Grants Pass case. The majority ruled in favor of the City of Grants Pass, Oregon. Under the ruling, localities will be able to arrest, ticket, and fine people for sleeping outdoors on public property, even if leaders have failed to produce enough affordable housing or shelter for everyone in the community who needs it. In her dissent, Justice Sotomayor stated, "...the majority focuses almost exclusively on the needs of local governments and leaves the most vulnerable in our society with an impossible choice: Either stay awake or be arrested."
The SCOTUS decision in this case is not a way forward to ending homelessness. We agree with Ann Oliva, CEO of the National Alliance to End Homelessness (NAEH) when she says, “…Communities have to make a decision and just because they can doesn’t mean they should be criminalizing people. Fining, ticketing, and arresting people doesn’t end anybody’s homelessness and, in fact, makes it worse.” NAEH’s full statement is available here.
Other national advocacy organizations joined the NAEH in releasing a statement in response to the decision:
Diane Yentel, President and CEO of the National Low Income Housing Coalition, said, “It gives cover to elected officials who choose political expediency over real solutions by merely moving unhoused people out of public view rather than working to solve their homelessness. These ineffective and inhumane tactics exacerbate homelessness by saddling unhoused people with debt they can’t pay, while further isolating them from the services and support they need to become stably housed. To truly address and solve homelessness, policymakers must instead work with urgency to scale up proven solutions, starting with greater investments in affordable housing and supportive services.” Full press statement is available here.
Deborah DeSantis, CSH President and CEO said, “The Court’s majority decision blatantly ignores compelling evidence that penalizing homeless individuals with fines, arrests, and incarceration has been tried and repeatedly failed. Instead, it imposes unnecessary costs on taxpayers and perpetuates a vicious cycle of poverty and instability, further burdening an already overtaxed carceral system. While it is not the Supreme Court's role to solve homelessness, the ruling gives jurisdictions a blank slate to punish people who are homeless while doing nothing to address the primary drivers of rising homelessness, which are a widespread and severe shortage of affordable housing and services.” Read the full press statement here.
In the National Homelessness Law Center’s (NHLC) press statement, the organization expressed, “Despite the setback, the National Homelessness Law Center finds strength in Justice Sotomayor’s compelling dissent. This dissent aligns with our long-held belief that no one should be punished for sleeping outside, especially when they have no other options. While we are enraged, we are now even more committed to ensuring that everybody has a safe place to call home.” Read the full press statement here.
The National Network for Youth stated, “…young people often encounter age-specific barriers to finding adequate shelters, such as the scarcity of youth shelter beds, narrow eligibility requirements, and prioritization for populations other than youth, as well as limited access to age-appropriate services. This ruling means, that if a young person is unable to find a safe and appropriate shelter to sleep in, they can be arrested for just not being able to find age-appropriate services.” Read the full press statement here.
In Oregon, news is spreading of the impact their state’s city now has on homeless policies across communities in the U.S. for years to come. Watch here.
Through the collaborative and coordinated efforts of the Washtenaw Housing Alliance and our many partners throughout the county who work to end homelessness and housing instability in our communities, we recognize how much more collaboration and advocacy it is going to take to challenge the harmful and counterproductive actions the SCOTUS ruling promises. Addressing the systemic root causes that have created our nation’s homeless crisis will take all of us using proven solutions to make the difference in our communities. Housing First, Eviction Prevention, Diversion Programs, investing in more affordable and supportive housing, and even bridging the gaps between tenants and landlords are some of the ways we can move forward in spite of the ruling.
Following the SCOTUS decision, the NHLC held a Mass Organizing Call to help guide us all on where we go from here. Watch here.
In addition, in early June, the U.S. Interagency Council on Homelessness (USICH) hosted the webinar, “19 Encampment Strategies: A Conversation With Communities.” The webinar followed the April release of the USICH’s Guidance titled, “19 Strategies for Communities to Address Encampments Humanely and Effectively.” (Spoiler: the guidance does NOT include criminalizing those experiencing homelessness.) Link to the webinar slide deck and other resources is available here.
Addressing encampments effectively and humanely is not easy, but there are alternatives to criminalization. For help implementing the 19 strategies, contact your U.S. Interagency Council on Homelessness (USICH) Senior Regional Advisor at usich.gov/local-assistance/usich-regional-advisors.