Tell the Supreme Court: Do not criminalize homelessness

The U.S. is in the midst of a homelessness epidemic.

From 2022 to 2023, we saw a 12% increase in unhoused people across the country, with likely more still in the first quarter of this year.[1] While many cities and states used Covid relief funds to temporarily house the unhoused in shelters such as motels and “pods,” that funding has largely run out with local governments scrambling to find both short-term and long-term solutions to protect the most vulnerable.

One city, Grants Pass in southern Oregon, outlawed camping within the city limits in an attempt to criminalize homelessness, but a federal judge struck down the law, saying that because the city did not have enough available shelter to offer to unhoused people, the law violates Eighth Amendment protections against cruel and unusual punishment.

Now, the U.S. Supreme Court has agreed to hear the case, in what is expected to be a landmark ruling. Just look at this headline from The New Republic:

Before the Supreme Court hears the case in the coming weeks, we’re joining with national allies to demand SCOTUS uphold lower court rulings that ban the criminalization of homelessness.

Add your name and demand the Supreme Court protect the unhoused.

The Supreme Court should consider these three points in favor of plaintiff Johnson:

• Being homeless is not a criminal offense. The Fourth Amendment safeguards individuals from unreasonable government intrusion, which extends to those without homes.
• The Eighth Amendment prohibits excessive fines and cruel and unusual punishment, which should include sanctions for sitting, sleeping, or lying down in places where shelter is unavailable.
• The lack of affordable housing in the U.S. has left many people with no option but to choose between basic necessities such as housing, food, or medication.

Homelessness stems from structural policy and funding failures that require immediate attention from our federal, state, and local governments. Criminalizing the unhoused is both unjust and unconstitutional. And unforgivably shortsighted: arrest records for unhoused people will only make it harder for them to find jobs and places to rent, and the money spent on criminalizing so many people will divert funds from the urgent need to add more housing.

Add your name today to demand the U.S. Supreme Court protect the unhoused.

Thank you for fighting for a just future for all.

Deborah Weinstein
Executive Director, Coalition on Human Needs

¹ The Supreme Court Is on the Verge of Criminalizing Homelessness