06/28/2024
HAC’s response to the Supreme Court’s opinion City of Grants Pass, Oregon v. Johnson
The Homeless Action Center (HAC) unequivocally opposes today’s decision where the Supreme Court issued a cruel 6-3 opinion in City of Grants Pass, Oregon v. Johnson et al allowing states and cities to punish unhoused people who are sleeping outside even if they have no place to go. The decision permits local municipalities to fine and imprison unhoused individuals simply for being unhoused. At a time when homelessness is at an all-time high and affordable housing is woefully inaccessible and unavailable, it is sickening to see the highest court in the land empower local governments to criminalize community members for merely existing.
Justice Sotomayor wrote a strong and compassionate dissent: “Sleep is a biological necessity, not a crime. For some people, sleeping outside is their only option. The City of Grants Pass jails and fines those people for sleeping anywhere in public at any time, including in their cars, if they use as little as a blanket to keep warm or a rolled-up shirt as a pillow. For people with no access to shelter, that punishes them for being homeless. That is unconscionable and un-constitutional. Punishing people for their status is “cruel and unusual” under the Eighth Amendment.”
Cities can now use this ruling to offer no services to those sleeping outside but instead bring in cops to force them to go elsewhere, even though there is no place elsewhere available. Using law enforcement in this manner is traumatizing for unhoused people. Sweeps of encampments cause people to lose property and documents that they need to get out of homelessness as well as to lose contact with community and service providers. Further, weighing people down with fines and a criminal record will only make it harder for them to get into housing. Notably, this ruling will have a disproportionate impact on BIPOC individuals and communities. According to the point in time count , 70% of those experiencing homelessness in Oakland are black, and thus the racial impact of this decision will be disparate and devastating.
To be clear: Criminalizing an unhoused individual for existing does nothing to address any of the root causes of homelessness; instead, it only traumatizes and harms an already marginalized and vulnerable population while creating even more barriers for them to obtain stability. A carte blanche on sweeps may temporarily clear encampments, but will ultimately only increase homelessness and all of the concerns this ruling purports to address.
Sotomayor’s dissent concluded on a hopeful note stating: “This Court, too, has a role to play in faithfully enforcing the Constitution to prohibit punishing the very existence of those without shelter. I remain hopeful that someday in the near future, this Court will play its role in safeguarding constitutional liberties for the most vulnerable among us.” HAC implores state and local governments not to embrace the cruel and dehumanizing mindset that the Supreme Court took today, and instead approach our unhoused neighbors with compassion, support, and solutions. HAC will continue to fight for all of our clients and to treat everyone with dignity and respect.