In response to the U.S. Supreme Court’s June 28 ruling that cities can enforce bans on homeless people sleeping on sidewalks and other public outdoor spaces, representatives of local social service agencies that serve the unhoused expressed disappointment about the decision.
Following the news of the Supreme Court decision, which was announced the same day the Los Angeles Homeless Services Authority (LAHSA) released the results of this year’s Greater LA Homeless Count – which show a slight downward trend for the first time in six years – LAHSA CEO Dr. Va Lecia Adams Kellum said, “We do not agree with criminalizing homelessness.”
“In the wake of the Grants Pass decision, it will be up to every city in the County of Los Angeles and the Board of Supervisors to decide how they move forward. LAHSA will stay focused on ending unsheltered homelessness and speeding up how quickly people move into permanent housing,” said Kellum in a statement. “We believe in housing and services, not arrests.”
The court’s 6-3 decision reversed a 2018 ruling by a San Francisco appeals court, which found that bans on sleeping outdoors in public spaces violate the Eighth Amendment of people in areas where there are not enough shelter beds. Last week’s decision by the Supreme Court’s majority ruled that the Eighth Amendment does not apply to outdoor sleeping bans.
“Homelessness is complex. Its causes are many,” Justice Neil Gorsuch wrote for the majority. “A handful of federal judges cannot begin to ‘match’ the collective wisdom the American people possess in deciding ‘how best to handle’ a pressing social question like homelessness.”
“Sleep is a biological necessity, not a crime,” said Justice Sonia Sotomayor, writing for the minority. “For some people, sleeping outside is their only option. 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.”
“The majority focuses almost exclusively on the needs of local governments and leaves the most vulnerable in our society with an impossible choice: Either stay awake or be arrested,” she added.
Stephanie Klasky-Gamer, president and CEO of LA Family Housing, a nonprofit agency in North Hollywood that helps people transition out of homelessness and poverty, was disheartened about the Supreme Court decision.
“LA Family Housing is deeply saddened and profoundly disappointed in the Supreme Court’s 6-3 ruling in the Johnson v. Grants Pass case,” said Klasky-Gamer. “We don’t agree with criminalizing homelessness, and we firmly believe that overturning constitutional protections from people experiencing homelessness is not the way.”
Maria Alexander, executive director of the Center for Living and Learning, a Van Nuys-based nonprofit that offers support services for adults and at-risk youth seeking to rebuild their lives after incarceration, substance abuse treatment or homelessness, shared similar thoughts.
“We have not incarcerated our way out of homelessness or issues around substance use and mental health in the past, and know that incarceration or criminalizing is still not the answer,” said Alexander, noting that she understands the frustrations for individuals and organizations most impacted by homelessness, especially in Los Angeles. “We continue to have a lack of services and cannot currently access housing or treatment beds upon demand. The difficulty in accessing mental health services is appalling for those who come to us looking for help.
“[But] the answer is to continue to move forward with increasing services in the community with access as requested for all who truly need assistance,” she added. “There are so many services available today that were not available when I myself was unhoused and living on the streets, but we have much more work to do.”
California Gov. Gavin Newsom praised the high court’s decision.
“Today’s ruling by the U.S. Supreme Court provides state and local officials the definitive authority to implement and enforce policies to clear unsafe encampments from our streets,” said Newsom. “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.”
According to national data, the homeless population in the United States grew 12% last year, its highest reported level. About a third of the homeless population in the U.S. is in California.
City News Service contributed to this article.