Friday, August 30, 2024

ICUJP Reflection: the Deplorable Grants Pass Decision of the Supreme Court and Its Effects in California

 



(This reflection was shared today at Interfaith Communities United for Justice and Peace.)

The sabbatical that Jill and I have been on since May 1 is coming to an end. On Monday, we’ll be back in the saddle, working on housing justice with our nonprofit, Making Housing and Community Happen.

While we were on sabbatical, the conservative justices on the Supreme Court made a deplorable decision in response to a lawsuit against the city of Grants Pass, Oregon.  Grants Pass fines and arrests unhoused people for being homeless, even though the city doesn’t provide a shelter or any other place where unhoused people can sleep. The conservative justices on the court decided that cities could fine or arrest an unhoused people for sleeping on the street or in their car even though a previous ruling described this as “cruel and unusual punishment.”  I’d like to share with you excerpts from an article that explains the implications of this decision.

Supreme Court Justice Sonia Sotomayor issued a scathing dissent on her conservative colleagues’ decisions to essentially criminalize homelessness.

While the conservative majority argued that the high court must not impede local governments from criminalizing homelessness, Sotomayor wrote, “It is possible to acknowledge and balance the issues facing local governments, the humanity and dignity of homeless people, and our constitutional principles.”

“The City of Grants Pass jails and fines those people for sleeping anywhere in public at any time, including in their cars, if they use as little as a blanket to keep warm or a rolled-up shirt as a pillow,” Sotomayor wrote. “For 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 Eighth Amendment.”

Going on to quote social science experts, Sotomayor explained how punishing people for sleeping outside without providing offers to housing and available beds is simply “a big game of whack-a-mole.”

While the conservative justices trumpeted tropes about unsheltered homeless people being service-resistant, or denying shelter when offered, Sotomayor noted studies have shown that “the vast majority of those who are unsheltered would move inside if safe and affordable options were available.” Shawn Morrissey, who currently works for Union Station Homeless Services here in Pasadena,  experienced homelessness for 11 years and has worked for many years to help find housing for unhoused people. He says that unhoused people sometimes have to be approached many times to build trust, but he has never encountered an unhoused person who didn’t want to be housed.

When people resist being housed, notes Sotomeyer, it’s often because those beds that are available may have “restrictions based on gender, age, income, sexuality, religious practice, curfews that conflict with employment obligations, and time limits on stays.” For example, the only shelter in Grants Pass, which is charity-run, has strict religious and work requirements. I would add that women and the mentally ill sometimes don’t feel safe in congregate shelters because they fear being harassed.

The Supreme Court’s ruling on this case will allow cities and states to avoid the offer of shelter entirely if they so choose and offers one solution to homelessness: punishment.

As Sotomayor wrote, imposing fines and jailing individuals is not a solution. In her dissent, which she read from the bench, the justice described a story of a homeless man in Nashville who was arrested 198 times and had over 250 citations, making it difficult for an outreach worker to find him housing. The outreach worker was eventually forced to make him a T-shirt that read, “Please do not arrest me, my outreach worker is working on my housing.” Once the man, who experienced homelessness for 20 years, was able to secure stable housing, he “had no further encounters with the police, no citations, and no arrests.”

The Supreme Court has given permission to cities to punish people for being unhoused, but Governor Newsom has gone a step further and requires cities to adopt a punitive approach. He issued a dreadful edict calling on cities to clear encampments or face consequences, such as loss of funding.

Newsom’s edict encourages cities to follow the example of Grants Pass, and puts pressure on cities like Pasadena, Los Angeles and Long Beach who have up to now taken a more reasonable and humane approach.

We know what ends homelessness, and that’s housing. For chronically unhoused people, that means permanent housing, not temporary shelters, with wrap-around services to help them find jobs and deal with issues addiction and mental illness. Over 90% of chronically unhoused people who’ve been housed in our city have remained housed. And because we have a strong coalition of churches, activists, service providers and elected officials, Pasadena has reduced its homeless count by over 50% in the last decade. Because of the Supreme Court’s shameful decision, and Newsom’s edict, the Pasadena City Council has agendized a discussion of the Grants Pass decision on September 9. I plan to be there, along with other housing justice advocates, to say that we must house, not criminalize, our unhoused neighbors. As a person of faith, I feel it’s our responsibility to do what we are told in Proverb 31:9: “Speak up for the people who have no voice, for the rights of all the oppressed. Speak out for justice! Stand up for the poor and destitute!” Can I get an amen?

 

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