Supreme Court Grapples with Homelessness and Criminalization
The Supreme Court is poised to rule on a case that could significantly impact the lives of thousands of Americans experiencing homelessness. The case, City of Grants Pass, Ore. v. Gloria Johnson, centers around the constitutionality of ordinances that prohibit camping and sleeping in public places.
Advocates for the homeless argue that these ordinances effectively criminalize homelessness, violating the Eighth Amendment ban on cruel and unusual punishment. They contend that sleeping is a fundamental human need and that cities cannot simply banish people to the shadows without providing adequate alternatives.
On the other hand, cities argue that such ordinances are necessary to maintain public health and safety. They point to concerns about sanitation, crime, and the potential for encampments to become eyesores.
The court’s decision will be a major test of how far the government can go in regulating homelessness. If the justices side with the city, it could give municipalities across the country broad authority to clear out homeless encampments. If they side with the plaintiffs, it would uphold the right of people to sleep in public spaces.
The History of Vagrancy Laws
The criminalization of homelessness has a long history in the United States, rooted in laws originally designed to uphold white supremacy. After the abolition of slavery, Southern states enacted Black Codes that targeted formerly enslaved people, including vagrancy laws that criminalized their mere existence.
Today’s laws against homelessness are often justified on the grounds of public safety, but advocates argue that they disproportionately target people of color and those struggling with mental illness or substance abuse.
Public Attitudes and Homelessness
According to a recent survey by YouGov, a majority of Americans (67%) believe homelessness is a serious problem. However, there is less consensus on how to address the issue.
While most Americans oppose rounding up and jailing homeless people, nearly half support the use of infrastructure to deter people from sleeping in public spaces. There is also strong opposition to the development of facilities that could help alleviate homelessness, such as psychiatric hospitals and homeless shelters.
Homelessness Statistics
* Homelessness has been on the rise since 2017, with a 6% overall increase.
* In 2022, the number of chronically homeless individuals reached a record high of 127,768.
* Native Hawaiian or Pacific Islanders have the highest rates of homelessness, with 121 out of every 10,000 people experiencing it.
* Black people are four times more likely to experience homelessness than white people.
* Washington, D.C., has the highest rate of homelessness in the U.S., while Mississippi has the lowest.
