You’ve likely heard the rallying cry, “Housing, not handcuffs, solves homelessness.”
Sadly, these words did not influence the majority on the high court bench in its recent decision to allow cities to enforce bans on sleeping outside in public spaces.
In that predictable split of 6-3, Supreme Court justices agreed with the city of Grants Pass, Oregon, that ordinances prohibiting homeless people from using blankets, pillows or cardboard boxes while sleeping do not violate the Eighth Amendment’s ban on “cruel and unusual punishment.”
We disagree.
Of course, we acknowledge the complexity of people living on the street, alongside public frustration about related health and safety concerns. But this sweeping decision puts local governments’ needs over the people they serve, which includes its most vulnerable.
We can’t help but think of that common quote, attributed to multiple people, “The greatness of a nation can be judged by how it treats its weakest members.”
Not a shining moment coming from the court.
Rather than relieving the homelessness problem across the U.S., this decision will contribute to it.
Notice a homeless person with a pillow or blanket on a cold night? Consider the pillow alone, an object that gives us comfort, helps us rest and sleep – another basic need – becomes a reason for citation or arrest. Seems “cruel” to us.
Or a person shaded under cardboard in sweltering heat? As the means to a bust, yes, that feels “unusual.”
In Grants Pass, violators face fines that offenders won’t be able to pay – $295, which increases to $537.60 if unpaid. Two citations are enough to be banned from city property. Violators can then be convicted on criminal trespass charges, which carry penalties of up to 30 days in jail and a $1,250 fine.
This will cost taxpayers even more.
Paper citations won’t mean much to anyone whose most basic needs aren’t being met. Tickets will be crumpled in trash piles. Offenses will add up and, ultimately, more people will be incarcerated.
Just one person behind bars is a huge contributor to poverty, as impacts ripple through families, dragging down loved ones on the socioeconomic ladder. Homelessness comes soon afterward.
The shortsighted ruling inches closer toward a crisis rather than a solution, and offers no insight toward root causes or answers. Just ticket, arrest, incarcerate. Repeat.
Homeless encampments, popping up more frequently across the country, are symptoms of larger, systemic societal problems. This is what we need to address.
Stagnant wages that can’t pay for housing; psychiatric and physical disabilities; abuse and trauma in all its forms; severe physical and mental pain; veterans’ post-traumatic stress disorder resulting from combat. The list goes on.
In the midst of all this, how to keep kids safe, especially when school’s out and parents have to work, all while living in a vehicle?
Here in the Southwest, we wrestle with our own issues around the ever-increasing numbers of unhoused people.
Remember Purple Cliffs, the hillside site in Durango? Many stepped up to better the homeless situation there with wraparound services – the Neighbors in Need Alliance, Community Compassion Outreach, faith-based groups, social workers, concerned citizens, La Plata County staff members and more.
Finally, without necessary resources, the county had to close Purple Cliffs. And it’s not lost on us the price tag to clean up the hillside was $374,241.
At least, we’re inspired by Denver Mayor Mike Johnson, determined to move 2,000 unsheltered people indoors by December 2024. He’s also pledged to build 1,400 additional housing units during his first term.
Of course, Denver’s realities, tax base and funding are vastly different from ours. But Johnson has the fire and the smarts, along with compassion. He could provide a road map.
Like Johnson, we’ll just have to figure out homelessness on our own, locally. Too bad, the Supreme Court didn’t offer help on how to do the best for all.
