In a contentious and deeply consequential decision, the Supreme Court made homelessness essentially illegal in the United States. In the ruling the Court, by a 6-3 margin, sided with the City of Grants Pass, Oregon, upholding the city’s ordinances that ensure that criminalizing homelessness is the law of the land.
This ruling has ignited a firestorm of debate, and again sheds a light on the deep misunderstandings surrounding homelessness in our communities and around our nation. It raises a disturbing question: Have we as a society now decided that the only way to address homelessness is by criminalizing and jailing the most vulnerable among us?
Homelessness is one of America’s most complex and misunderstood social issues. It’s not merely a matter of lacking shelter; it’s a multifaceted crisis involving mental health, addiction, poverty and systemic failures. As someone who has worked with leaders for two decades trying to solve this crisis, I have seen firsthand how homelessness is often the result of circ*mstances outside of a person’s control, with most long-term “chronic” homelessness driven by issues related to mental illness. This issue has become more complicated in recent years, with incredible economic pressures now temporarily driving many who are financially vulnerable to the streets. The increased cost of living and skyrocketing cost of basic affordable housing now exacerbate the societal toll of our country’s human epidemic.
The City of Grants Pass argued that their ordinances, which prohibit sleeping on public property, are necessary to maintain public order and safety – which in one way does make sense. Cities and regions must find ways of solving homelessness and maintain law and order while we grapple with this crisis. As we have seen in many predominantly West Coast cities, allowing homeless to go completely unaddressed and taking a hands-off approach has drastic consequences to the civic fabric of a community. Look no further than to places like San Francisco, Los Angeles or Portland for the undeniable proof of this truth.
However, this ordinance, now law, essentially punishes individuals for their lack of housing, trapping them in a cycle of fines, arrests and incarcerations that make it even harder for them to escape homelessness. This approach not only fails to address the root causes of homelessness but also exacerbates the already bulging jail and prison populations everywhere.
To understand the true impact of this ruling, we must consider the daily realities faced by those who are homeless. Many struggle with mental health issues, substance abuse, or past traumas. Criminalizing their existence only pushes them further to the margins, making it even more difficult for them to reintegrate into society.
Moreover, the financial cost of criminalizing homelessness is staggering. Over the long term it is far more expensive to arrest, prosecute and incarcerate individuals than to provide them with programs that lead to housing and help them find solutions to their mental-health and addiction challenges. We have seen that cities that invest in housing-based approaches for those who truly are disabled can make significant reductions in homelessness and associated costs. In places like Salt Lake City, Houston and Miami, housing programs have proven to be effective and given new life to veterans, the elderly and those who struggle with debilitating conditions. These cities demonstrate that it’s possible to address homelessness in a humane and cost-effective way with compassion and common sense.
The Supreme Court’s ruling is a stark reminder that we need a paradigm shift in how we approach homelessness. Instead of viewing it as a criminal issue, we should treat it as a social and public health crisis that requires comprehensive, compassionate solutions. We must see that the moral implications of punishing “the least among us” strikes at the very moral fabric of this great nation. Simply put, we are better than this.
It’s time for policymakers, advocates and communities to come together and rethink our path forward for change. We know that ignoring the issue and allowing homelessness to grow unchecked like we have seen in many big cities is not a humane and logical solution; neither is arresting our way out. We must advocate for policies that address the root causes of homelessness and provide real solutions. The Supreme Court’s decision should serve as a wake-up call, prompting us to reevaluate our national approach and commit to building a more just and compassionate society… one community at a time.
AndraeBaileyis the founder and president of Change Everything. He has led many of the largest and most successful Initiatives on poverty, education, homelessness, the opioid crisis and now the mental health crisis impacting our youth.
