The Supreme Court upheld laws criminalizing public sleeping, allowing state and local officials to clear encampments. However, many in law enforcement are reluctant to arrest individuals for homelessness, advocating instead for housing solutions.
The Supreme Court’s recent ruling may pave the way for increased fines or jail time for homeless individuals, though immediate widespread changes seem unlikely. California Governor Gavin Newsom supports the decision, seeing it as a tool for officials to address unsafe encampments.
Tracy Avelar, Foster City police chief and president of the California Police Chiefs Association, acknowledges the enhanced authority but stresses that law enforcement has “no interest” in incarcerating the homeless. Retired police chief Chris Hsiung anticipates that agencies will continue compassionate policing, with the ruling providing legal backing if necessary.
In its 6-3 decision, the Supreme Court upheld laws in Grants Pass, Oregon, that ban public sleeping. Homeless residents argued that these laws violated the Constitution’s ban on cruel and unusual punishment. The majority disagreed.
Derick Miller, Irving, Texas, police chief, follows the Grants Pass case closely. His department has a homeless outreach team but must respond to business complaints. Sometimes, officers issue criminal trespass warnings, and violations can lead to jail time.
The International Downtown Association (IDA) supported Grants Pass, emphasizing the need for municipalities to have all possible tools to address homelessness. David Downey, IDA president, highlights that urban management now often involves assisting the unhoused through public-private partnerships.
Mandy Chapman Semple, architect of Houston’s successful homelessness response, advocates for quickly housing those living outside. Elizabeth Funk, founder of DignityMoves, develops interim housing in California cities, utilizing cost-effective modular buildings on borrowed land.
Despite the ruling, increased criminalization is unlikely in states with significant homeless populations due to the high costs and inefficiencies of such measures. Margot Kushel, director of the Benioff Homelessness and Housing Initiative, emphasizes that many homeless individuals work full time and face barriers unrelated to substance use or mental health.