Grants Pass v. Johnson
The United States Supreme Court has issued a landmark ruling on homeless encampments. The Court has held that laws restricting homeless encampments on sidewalks and other public property do not constitute “cruel and unusual “punishment in violation of the 8th Amendment of the Constitution. Violation of these laws may be enforced by arrest, fines and imprisonment. The Center in Hollywood believes in a person-centered approach to ending homelessness and not criminalization. This stance is supported by evidence from Los Angeles County, where anti-camping laws and municipal codes have been proven ineffective in addressing the root causes of homelessness.
Writing in Johnson vs Grants Pass, Justice Neil Gorsuch defined the issue as: which entity, the courts or the legislature, has the responsibility to set policy regarding homelessness? Gorsuch and the five other conservative justices determined that it is the people, acting through their elected officials, who decide. Justices Sotomayor, Kagan and Brown-Jackson dissented; Justice Sotomayor writing, “[f]or people with no access to shelter, that punishes them for being homeless. That is unconscionable and unconstitutional. Punishing people for their status is ‘cruel and unusual’ under the 8th Amendment.”
The City of Los Angeles has a Municipal Code section that prohibits people from sleeping or setting up tents in certain locations. However, the policy followed by the city reflects Mayor Karen Bass’s Inside Safe initiative which encourages people to move inside. Mayor Bass called the Supreme Court ruling “disappointing,” and said that it will not change her approach.
Based on the Supreme Court's ruling in Grants Pass v. Johnson, here are some implications to keep in mind:
Lack of immediate housing solutions: The ruling does not address the underlying causes of homelessness or provide additional resources for housing and services.
Potential for increased criminalization: The decision could lead to more arrests, fines, and criminal records for homeless individuals, making it harder for them to find housing and employment.
Displacement of homeless populations: Stricter enforcement may force homeless individuals to move frequently, disrupting their lives and making it more difficult for service providers to reach them.
Potential public health concerns: Displacing homeless individuals without providing adequate alternatives could exacerbate public health issues.
Continued legal challenges: The decision may lead to further legal battles at the state and local levels, as jurisdictions interpret and implement the ruling.
Disproportionate impact on vulnerable populations: Stricter enforcement of anti-camping laws may disproportionately affect people of color and those with mental health or substance abuse issues, who are overrepresented in the unhoused population
Safe and supportive communities for unhoused neighbors, like The Center in Hollywood, are crucial, especially in light of the potential negative consequences of the Grants Pass v. Johnson Supreme Court decision. These communities provide a vital alternative to criminalization and displacement, offering a space where individuals experiencing homelessness can find stability, access essential services, and build trusting relationships. By focusing on community-building, The Center combats the isolation and marginalization that often accompany homelessness. We connect people to healthcare, housing resources, and supportive services, addressing the root causes of homelessness. In the face of potential increased criminalization and displacement, these safe spaces become even more critical, offering dignity, support, and pathways to long-term stability.
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