The Supreme Court faced a significant homeless crisis in deciding whether sleeping in public constitutes cruel and unusual punishment.
This June, our Supreme Court will decide one of the most decisive cases in the last 40 years. This case will determine whether cities can arrest homeless people for sleeping outside when there is no shelter space, potentially overturning the previous law dictated by the San Francisco lower court. The 9th Circuit Court of Appeals, which has jurisdiction over 9 states in the west, previously ruled that banning camping in places with no shelter beds was equivalent to cruel and unusual punishment. This ruling made it more challenging for cities like California to prevent people from sleeping on the streets when shelter is unavailable.
The case under review originated when the town of Grant Pass in Oregon began imposing fines of $295 per day on homeless individuals for sleeping on the streets and using blankets, pillows, or cardboard as bedding. Homeless encampments were on the rise, mirroring the increasing cost of housing. The Western states, including California and Oregon, harbor the largest homeless population, accounting for one-third of the homeless population nationwide. Consequently, the 9th Circuit's decision to allow the use of blankets, pillows, or cardboard as protection from the elements extended to Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.
Authorities such as Gavin Newsom, the current Governor of California and former Mayor of San Francisco, exerted pressure on the Supreme Court to change course and permit states and local governments to address this issue. Conversely, advocacy groups argued that allowing cities to arrest people in need of shelter would exacerbate the crisis. They contend that as housing costs skyrocket to unaffordable levels, the solution lies not in arrests and criminalization but in the construction of more housing, funded by taxpayers.
At I am Human NY, we do not advocate for punishing and arresting homeless individuals for their lack of shelter or financial constraints. Such actions merely displace people to other states, while the underlying problem of affordable housing persists. Homelessness and sleeping on cardboard on the pavement are not voluntary choices but involuntary alternatives for those without options. No one aspires to a homeless lifestyle, which is fraught with uncertainty, lack of safety, and barriers to education and employment, especially for children and young people. Homeless individuals are human beings who deserve our community's help, not disdain or humiliation.
Kindness achieves far more, even as the courts determine their fate. While we may not eradicate homelessness entirely, we can alleviate it by providing this vulnerable segment of the population with more shelters, clothing, and by lobbying for affordable housing. As a society, we must recognize that homelessness is not a choice but a consequence of systemic failures. We stand in solidarity with advocacy groups that advocate for solutions centered on affordable housing, dignity, and accessible accommodations, vehemently opposing the cycle of arrest, criminalization, and repeat homelessness. Only through compassionate action can we hope to address this pervasive issue effectively.
