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This article was published 9 months ago

The Supreme Court’s ruling on homelessness is disappointing

Guest Commentary

July 25, 2024 by Guest Commentary

Lynn Continuum of Care

On June 28, 2024, the U.S. Supreme Court issued a profoundly disappointing decision in Grants Pass v. Johnson. The majority ruled that criminalizing people experiencing homelessness for sleeping in public spaces does not amount to a violation of their constitutional rights, even if they do not have access to safe and adequate housing or shelter. This decision allows civil punishments to be imposed on individuals sleeping outside and on public property. Unsheltered individuals may be fined, ticketed, and arrested even if their local governments are unable to produce enough shelter or affordable housing.

This ruling will do nothing to address the primary cause of homelessness in the United States: a severe, prolonged, nationwide shortage of affordable housing. This ruling sets a dangerous precedent for the criminalization of homelessness, poses a risk to public health, and ignores the root cause of homelessness: the lack of affordable housing.

This decision will reinforce cycles of oppression, causing disproportionate harm to LGBTQ+ and BIPOC persons, including youth and young adults, experiencing homelessness. Any increase in communities’ reliance on law enforcement to address homelessness will place people — especially LGBTQ+, BIPOC, and Black transgender young people — at even greater risk with damaging, lifelong consequences, including long-term barriers to housing that are directly and specifically created by the criminal legal system.

We at the Lynn Continuum of Care believe in Housing First, and in prioritizing affordable, dignified, and permanent supportive housing. Stable housing allows individuals to access and sustain basic needs. Punitive, cruel, and discriminatory policies like the ones upheld in the decision on Grants Pass v. Johnson only prolong homelessness.

The LCoC encourages our advocates to actively engage with calling on our federal, state, and local leaders to leverage their unique influence to advocate for the resources needed — to push back against the increasing trend towards criminalization of homelessness and to advocate for the housing and services that their communities need. 

You can make your voice heard by: 

  • Urging your elected officials to support real solutions to homelessness, not cruel and counterproductive measures — like arrests and fines — that make homelessness worse. Use this advocacy toolkit to educate policymakers. While the toolkit was published before the court issued its ruling, it includes key resources that will be helpful to advocates, such as talking points and information on needed long-term solutions, including federal legislation.
  • Showing your support for proven solutions on social media. Check out this social media toolkit from our partners at the National Housing Law Center (NHLC) to craft your messages.
  • Learning more about why arrests and fines do not solve homelessness. Find new resources from our partners at the National Alliance to End Homelessness to help you oppose criminalization efforts in your communities.

We are grateful for your partnership in efforts to end homelessness. Please don’t hesitate to reach out with any questions.

The Lynn Continuum of Care is a coalition of individuals and organizations working collaboratively to end homelessness and connect individuals and families, including unaccompanied youth, with mainstream resources, allowing them to obtain stable, permanent housing.

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