Penalizing homelessness is an attack on all of our rights.
The Supreme Court sided with the small Oregon town of Grants Pass, allowing for civil punishments on homelessness and undermining a lower Federal court’s previous ruling. This new ruling is not only an evasion of responsibility by the highest court of the land, it also reminds us that our rights as a collective country continue to be eroded. For local government, this decision and the subsequent actions that will come from municipalities and states will emphasize an effort to cloak and hide the flaws in our system that result in homelessness, not solve it.
In the 6-3 Court decision, Justice Neil Gorsuch pled negligence on behalf of the federal government, declaring that it is not the federal judges’ primary responsibility for assessing and devising responses to the multifaceted causes of homelessness. However, homelessness is on the rise in the country, up 12 percent between 2022 and 2023. Notably, in the years previous, Federal COVID relief interventions such as an increase in funding for numerous housing programs and eviction moratoria helped keep people housed. Notably, these programs have all expired, essentially linking the federal government’s role in the rise of homelessness. It should not take a global pandemic to have a (mildly) competent and compassionate and moral government.
FwdSlash stands firm in declaring that criminalizing homelessness will only exacerbate homelessness. Efforts should be focused on increasing access to housing, and aiding housing insecure people with the services they need to maintain a healthy life. Communities can fight encampments but creating more accessible and affordable housing. Period.
But beyond the implications to homelessness, this ruling begs the question: what we can access in our own country? Public property is owned by the government and belongs to the public at large. This includes parks, streets, sidewalks, libraries, schools, or even playgrounds. Are these ideal locations for people to live? No. Should people who have no where else to go be barred from utilizing public spaces to survive? The answer should be a resounding no. This ruling undermines democracy, and means that your taxpayer dollars will be used to further homelessness, not prevent it.
These public places have traditionally been guaranteed as places where anyone can freely enter and gather, so long as they do this without disturbing the peace or interfering with those around them. While homeless people living in a public place might engage in the criminal offense of disturbing the peace through unruly public behavior, fighting or unreasonable noise, this ruling suggests that their mere existence can now be considered a civil violation. Much like the failures of stop-and-frisk, will this ruling enable the continued abuse of power by police and local officials for anything they subjectively deem to be unacceptable?
How will local jurisdictions respond to this ruling? Conservative communities will undoubtedly increase punitive measures on the unhoused. But, even liberal strong holds like California are praising the ruling, saying it provides them with additional tools to confront homelessness. However, California’s homelessness problem hasn’t grown because of local official’s ability to issue fines for being homeless. It’s sustained because the government, in tandem with corporations, have consistently remained derelict in their duty to funding proven programs and comprehensive solutions to homelessness, substance use, mental illness, poverty and well-being.
FwdSlash is committed to solving the gaps in our system and standing with homeless, displaced and oppressed people of all kind. We’re working towards developing a society that is compassionate and reasonable. Working with our fantastic local partners, we’ve seen how existing fines, penalties and minor felonies enable the persistence of homelessness. Adding more penalties will make our work, and the work of our partners harder. It will add to the struggles of low-income, rural, Black, Indigenous, gender non-conforming, immigrants and other marginalized people. And it ultimately degrades the foundation of human rights in our civic society.
So again, the solution to homelessness is housing. Demand more from your leaders, make rent affordable, increase access to services, and let’s try to be more compassionate in how we solve problems.
