Today, the U.S. Supreme Court will decide an important case in decades concerning the rights of people experiencing homelessness.

In Grants Pass v. Johnson, the Court addresses whether it constitutes cruel and unusual punishment to fine, ticket, or jail someone for sleeping outside on public property if they have nowhere else to go. A ruling in favor of the plaintiffs would make it easier for communities to clear out homeless people’s tent encampments, even if no available housing or shelter exists. The court is expected to decide the case by the end of June.

GRANTS PASS V. JOHNSON

The case comes from the rural Oregon town of Grants Pass, which started fining people $295 for sleeping outside to manage homeless encampments that sprung up in the city’s public parks as the cost of housing escalated.

The measure was largely struck down by the San Francisco-based 9th Circuit Court of Appeals. The 9th Circuit also found in 2018 that such bans violated the Eighth Amendment by punishing people for something they don’t have control over. The 9th Circuit oversees nine Western states, including California, which is home to about one-third of the nation’s homeless population.

FEDERAL DATA ON THE HOMELESS

The case comes after homelessness in the United States grew a dramatic 12%, to its highest reported level as soaring rents and a decline in coronavirus pandemic assistance combined to put housing out of reach for more Americans, according to federal data.

Over 650,000 people in America experience homelessness on any given night. Roughly 40 percent of those individuals are sleeping outside on the streets, in cars, parks, train stations, and other settings not designed primarily for human residence. Federal data published in late 2023 shows a rise in homelessness in most states.

THE CONSEQUENCES OF CRIMINALIZING HOMELESSNESS

• The more interactions a homeless person has with the police, the more likely they are to be criminalized.
• Concerns about criminalizing homeless people with mental and behavioral health needs came up in several amici briefs filed to the Supreme Court. More than one-fifth of people experiencing homelessness currently have a serious mental illness like bipolar disorder or schizophrenia.
• The American Psychiatric Association noted that police are also more likely to use excessive force when they interact with unhoused people with mental illness.
• Fining, ticketing, or arresting unhoused people — which local governments will be more easily able to do if Grants Pass is overturned — will make it harder for homeless people, who already cannot afford shelter, to obtain permanent housing later on.
• Having a criminal record can make it more difficult to land a job, stable housing, and receive government benefits. Even among those who do find jobs, employees with records generally face significant earning penalties.
• Owing fines can exacerbate an unhoused person’s already precarious financial situation and prolong their homelessness. One study of people experiencing homelessness in Seattle found those with outstanding legal debt spent roughly two more years without stable housing than those without such debt.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.