Housing, Not Handcuffs: Understanding the Impact of the Supreme Court's Homelessness Ruling

On June 28, 2024, the Supreme Court announced a significant decision regarding homelessness in the case of Johnson v. Grants Pass. This ruling allows cities to arrest and fine people experiencing homelessness for sleeping outside when no shelters are available. This decision reverses a 2018 ruling that such punishment is cruel and unusual under the Eighth Amendment.

Background on Johnson v. Grants Pass

The case originated in Grants Pass, Oregon, where the city began issuing tickets to individuals sleeping in public spaces, even when there were not enough safe and accessible shelter beds. The original 2018 ruling determined that it is cruel and unusual punishment to arrest or ticket people for sleeping outside when they have no other safe place to go.

Eighth Amendment Implications

The Eighth Amendment to the U.S. Constitution protects against cruel and unusual punishment. The American Civil Liberties Union (ACLU) submitted a friend-of-the-court brief arguing that punishing unhoused people for sleeping outside without access to shelter violates this protection. The ACLU emphasized that the Eighth Amendment's original intent and its application in more than a century of Supreme Court cases make it clear that the government cannot impose punishment that is disproportionate to the crime. In this context, being homeless and without shelter should not be criminalized.

The Broader Impact

This ruling affects more than 600,000 people who experience homelessness on any given night in America. Nearly half of these individuals—around 250,000—sleep outside. The homelessness crisis is driven by various factors, including:

• Housing Shortages: Many cities, like Grants Pass and those here in Cobb County, are thousands of housing units short of what is needed.

• High Rent and Low Wages: The gap between rent prices and wages has widened, making it difficult for many to afford housing.

• Failed Housing Policies: Decades of inadequate housing policies have contributed to the current crisis.

Proven Solutions to Homelessness

Instead of punitive measures, cities and states should focus on proven solutions to homelessness, such as:

• Affordable Housing: Providing safe, decent, and affordable housing is key.

• Support Services: Housing combined with support services helps individuals maintain stability.

• Rental Assistance and Eviction Prevention: These measures can prevent people from becoming homeless in the first place.

Success Stories from Other Cities

Cities like Miami, Milwaukee, and Houston have made significant progress in addressing homelessness by funding housing and services. For example, Miami was under a ruling similar to Grants Pass. Instead of seeing an increase in homelessness, the city reduced its homeless population by half by providing adequate housing and shelter. This demonstrates that housing is the real solution to homelessness.

Short-Term Measures

While long-term solutions are essential, short-term measures also play a crucial role. These include:

• Shelters with Private Rooms: Providing privacy and safety for individuals.

• Homeless Outreach Programs: Connecting individuals with services and support, like Family Promise Cobb

Conclusion

Homelessness is fundamentally a housing issue, not a criminal issue. Arrests and fines do

not solve the problem; they only exacerbate the cycle of poverty and homelessness. By focusing on humane and effective solutions that address the root causes of homelessness, we can support those in need and create a more just society.

Let's advocate for policies and programs that provide affordable housing and support services. Together, we can end homelessness.

To learn more details of the supreme court ruling, and how you can take action visit:  https://johnsonvgrantspass.com/