Dear Colleagues,
As many of you may be aware, there was a lot of news about various Supreme Court decisions at the end of June, but some of you may have missed an important decision about homelessness. On June 28, in the case of Johnson vs Grants Pass, the Supreme Court ruled 6-3 that cities can ban people from sleeping in public places even if there is no safe alternative. This case was from Grants Pass, Oregon, who had sought to fine homeless people $295 for sleeping outside.
The lower court deemed this practice “cruel and unusual” under the 8th Amendment, which did allow cities to restrict where people can sleep as long as they could offer adequate shelter. This new ruling only applied to Western States under the lower court’s jurisdiction, but it has national implications by opening the door for other regions to make similar policies.
There are as many as 750,000 individuals experiencing homelessness at any given time nationally, half of whom sleep outside or in their cars. In New York State, there is a right to shelter, so there are far fewer people sleeping outside, but there are towns and localities in the State where it is more common due to lack of local resources. Across the nation, many places do not have adequate shelter or housing options, oftentimes by design to actively discourage people experiencing homelessness from staying there. For example, in Grants Pass, there was only one small Church-run shelter that required residents to attend religious services.
Adding further to this inequity is the fact that the majority of unsheltered households are people of color, people with disabilities, and/or people suffering from mental illness.
In a cruel irony, the majority Supreme Court ruling said that justices do not have “special competence” to deal with policies around homelessness. In her dissent, Justice Sotomayor focused instead on its impact on people. She pointed out that sleep is a biological necessity, and this decision leaves a person experiencing homelessness with “an impossible choice — either stay awake or be arrested.”
In my opinion (and that of many other homeless advocates), it is essentially making homelessness a crime and demonizes people experiencing it. Laws like those in Grants Pass assume that such people are a nuisance or are dangerous, but these same cities do nothing to fund shelters, permanent housing, and social services. It treats homelessness as a public safety or “quality of life” issue instead of a housing and public health crisis.
I sympathize with individuals or families who may not be able to fully enjoy parks and other public spaces if there are people sleeping there. But the answer is to not to fine or arrest those who have nowhere else to go. As we have known at Jericho for over 40 years, permanent, affordable housing together with supportive services is the answer.
So, what are the implications for New York City and Jericho from this decision? As I mentioned above, this ruling currently only applies to some Western states and it leaves policies about fines or imprisonment up to localities. Fortunately, NYC is highly unlikely to ever impose fines or jail time on unsheltered individuals.
However, as an advocate for human rights and social justice, I view this decision as outrageous. It will enable certain cities, towns or even states to essentially outlaw homelessness and force unsheltered individuals and families to move to localities (like NYC) who have more reasonable and compassionate policies, but with already stretched resources.
It also reinforces the importance of the life-affirming work Jericho does and encourages us to model it for others across the country. As long as we and other like-minded organizations enable individuals and families to have a home of their own, we will spare them from that impossible choice. Our commitment to this mission is more crucial than ever, as we work to ensure that every individual has the opportunity to live with dignity and security, regardless of where they reside. Together, we must push for national policies that recognize homelessness as a public health and housing crisis, not a criminal issue, and strive to create a society where everyone has a place to call home.
Please let me know if you have any questions or comments.
All the best,
Tori Lyon
Chief Executive Officer
Jericho Project