As local elected officials and homeless service providers tout the recent decline in local homelessness, they are decrying the recent Supreme Court ruling on clearing homeless camps, saying the decision will criminalize individuals for situations beyond their control.
The Oregon case decided Friday is the most significant to come before the high court in decades on homelessness, an issue affecting a rising number of people in the US. The high court ruled 6-3 along ideological lines to strike down a ruling that found outdoor sleeping bans amount to cruel and unusual punishment.
The case came from the rural Oregon town of Grants Pass, which appealed a ruling striking down local ordinances that fined people $295 for sleeping outside after tents began crowding public parks. The 9th Circuit Court of Appeals, which has jurisdiction over the nine Western states, has held since 2018 that such bans violate the Eighth Amendment in areas where there aren’t enough shelter beds. However, the Supreme Court overturned that precedent.
The People Concern, who operate the homeless shelter and service center in Downtown Santa Monica, said they are troubled by the ruling and by allowing cities to invoke criminal penalties. The organization said the ruling fails to recognize the inhumane conditions on the streets and that by allowing the criminalization of basic survival activities, this decision perpetuates a cycle of poverty and instability, making it even harder for individuals to access the help they need to get back on their feet.
John Maceri, CEO of The People Concern, states, “I want to be clear that The People Concern firmly stands against the criminalization of people experiencing homelessness. We know the way to end homelessness is permanent housing paired with supportive services. We will continue to advocate for real solutions to homelessness in our community and nationwide.”
The St. Joseph’s Center, who also have services in Santa Monica and Venice, echoed those statements saying the disparate impact this ruling will have on people of color facing homelessness and housing insecurity is particularly concerning.
“The Supreme Court’s decision is a stark reminder of the deep-seated inequities that persist in our country. By criminalizing homelessness, we are punishing individuals for systemic failures,” says Dr. Ryan J. Smith, President and CEO of the St. Joseph Center. “Our focus should be on creating sustainable solutions that address the root causes of poverty, lack of affordable housing, and homelessness, not on penalizing those who are most vulnerable. We must strive for a future where everyone has a safe place to call home.”
While local elected officials were also opposed to the ruling, the Governor said it will give local officials more freedom to address the crisis.
“Today’s ruling by the US Supreme Court provides state and local officials the definitive authority to implement and enforce policies to clear unsafe encampments from our streets. This decision removes the legal ambiguities that have tied the hands of local officials for years and limited their ability to deliver on common-sense measures to protect the safety and well-being of our communities,” said Newsom.
Supervisor Lindsey Horvath criticized the ruling.
“This morning’s Supreme Court Grants Pass ruling green lights the criminalization of homelessness. This gut punch of a decision comes on the day we unveil our point in time count results,” she said. “This is unconscionable. And it is not an effective solution.”
Santa Monica City Manager David White said the city is reviewing the decision to determine the local impact.
“We continue to implement a robust, wide ranging and innovative strategy for addressing homelessness. Enforcement is just one part of our larger strategy to address homelessness, working in tandem with outreach, housing and rehabilitation programs,” he said. “Public safety remains a top priority. Our Police Department has and will continue to enforce all federal, state and local laws while also offering folks shelter and resources as an alternative to sleeping outdoors. We understand the real impacts that homelessness has in our community and continue to work across city departments for a Santa Monica where all can thrive.”
matt@smdp.com