US Supreme Court Rules Cities Can Outlaw Sleeping Rough for Homeless

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ICARO Media Group
Politics
28/06/2024 19h34

In a landmark decision, the US Supreme Court has ruled that cities have the authority to ban homeless people from sleeping in public places. This ruling marks a significant development in dealing with the ongoing homelessness crisis that has plagued the country since the 1980s.

The case originated in Grants Pass, Oregon, where three homeless individuals sued the city after being cited for sleeping and camping outdoors. The town argued that criminal penalties were necessary to enforce local laws aimed at ensuring cleanliness and safety in public spaces. However, the homeless residents contended that these penalties violated the Eighth Amendment of the US Constitution since the city lacked sufficient public shelters.

The ruling, which was handed down by the Supreme Court in April, allows local governments to enforce rules against individuals sleeping rough without concerns about violating the constitutional prohibition on cruel and unusual punishment. This decision has given cities greater latitude in addressing the rising issue of homelessness, which has been exacerbated by a chronic shortage of affordable housing.

According to US government figures, the number of homeless individuals reached a staggering 653,000 in 2023, the highest recorded figure since 2007 when tracking began. Additionally, the Department of Housing and Urban Development reported an estimated 256,000 people living without shelter across the country on any given night in the past year.

Grants Pass, with a population that doubled to 40,000 over the last two decades, has seen a critical shortage of affordable and public housing options. Soaring housing costs have led to many losing their homes, prompting town officials to pass laws imposing fines for sleeping or camping in public. Over time, these fines have accumulated, reaching thousands of dollars for some individuals, often rendering them unable to pay.

The lawsuit brought by the three homeless plaintiffs eventually reached the 9th Circuit Court of Appeals, which ruled in 2022 that the restrictions in Grants Pass were so stringent that they effectively banned homelessness within the city limits. A similar case in Idaho, decided by the court four years earlier, established that cities cannot criminally prosecute individuals for sleeping outside on public property when they have no home or shelter to go to.

However, critics argue that punitive measures, such as fines and arrests, are counterproductive and do not address the root causes of homelessness. Jennifer Friedenbach, of the Coalition on Homelessness in San Francisco, emphasizes the need for resources and efforts to be directed towards providing assistance and support to people experiencing homelessness. She asserts that arresting and fining homeless individuals only exacerbates the problem and wastes municipal resources.

The Supreme Court's ruling in the Grants Pass case now permits cities to adopt more severe measures without fear of legal recourse. However, experts contend that incarcerating homeless individuals is both prohibitively expensive and ineffective in resolving the issue. Elizabeth Funk, founder of DignityMoves, a nonprofit dedicated to ending unsheltered homelessness, stresses the importance of pursuing comprehensive solutions instead of penalizing individuals for circumstances they cannot control.

The homeless crisis remains particularly acute on the West Coast, with California accounting for nearly half of all homeless individuals living outdoors. In response, cities across the country have been grappling with finding effective strategies to combat the growing crisis. The topic has also been a central issue during recent election cycles in West Coast cities, with Los Angeles investing record amounts of money in creating shelters and affordable housing, despite witnessing an increase in homelessness.

The Supreme Court's ruling not only breaks with long-established legal precedent but has also raised concerns about weakened agencies like the EPA. As the nation confronts this escalating crisis, attention must be shifted towards implementing holistic solutions that address the underlying causes of homelessness and provide the support necessary to uplift and reintegrate individuals into stable housing and employment.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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