On Monday, the U.S. Supreme Court heard oral arguments in the most consequential case regarding homelessness to come before it in decades. The case arises out of ordinances in place in Grants Pass, Ore., that forbid sleeping in certain public spaces and camping in any public space, defining a “campsite” as any place where bedding material is present, Governing reports. Violations come with fines and potential criminal penalties. It will be months before a ruling comes. The court's decision might affect the direction of policy in some jurisdictions, but no ruling on this issue before it could be expected to get to the heart of what it will take to end homelessness.
The nonprofit Community Solutions is working with more than 100 cities and counties to help them end homelessness. Its partners in these communities haven’t found that criminalizing homelessness or citing homeless persons is effective. “It doesn’t solve their housing problem,” says Sarae Lewis, who leads the organization’s communications and campaigns. If the homeless don’t have money to pay fines, nonpayment can bring additional fines and fees, enough to possibly lead to their arrest. Incarceration, even for a short period, can create new barriers to becoming housed. These can include loss of a driver’s license; termination of Medicare, Medicaid or Social Security benefits; additional difficulty in obtaining employment; and rejection by landlords — even loss of a shelter bed. Vital documents such as birth certificates can be lost along the way. And arresting people for experiencing homelessness is more expensive than housing them, says Samantha Batko, a senior fellow at the Urban Institute. Its studies have confirmed that the unhoused want housing. Fear of a civil or criminal penalty is not necessary to motivate them.