Liberal Justices Come Out Swinging In Uphill Battle Over Criminalizing Homelessness

The city imposes escalatory fines on those who repeatedly break the law, culminating in charges of criminal trespass and accompanying jail time.

When your Trumpian approach to solving the homelessness crisis is happily paying for expensive gulags, you may be doing something wrong.

Fun Fact: The fastest growing segment of unhoused people in America are the 55+ who are increasingly being priced out of their homes.

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When I was doing security officer work at a 40-acre factory complex, the worst part of it was having to ask homeless people trying to sleep by buildings on the outside edge to move along.

While drugs and mental illness played a part with some of them (remembering Screaming Man, who about once a week around 2-3AM would walk down the centerline of one of the main streets bordering the factory, screaming and raging incoherently), for most of them it just seemed theyā€™d experienced a run of bad choices and bad luck that had left them without sufficient resources to try and climb back up. That sort of bad fortune can happen to almost anyone.

(Remembering the time I had a bed to sleep in, but had a car running on fumes, nine cents in cash, and already had some checks --remember paper checks?-- being kited over the weekend.)

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I watch them arrive in DC, sometimes literally. But more often from seeing new arrivals with bags looking for the meal provider a block over from us.

Solving homelessness is not easy, and one-dimensional solutions are nowhere be found. I agree with the other comment that cities desperately need guidance on what can and cannot be done. The widespread drug-addiction adds another dimension since it limits who some shelters can accept, even if they have beds.

One person sleeping on a sidewalk is solvable, but city parks being overrun by folks sent from other communities with tents and sleeping bags, as happened in our neighborhood during the pandemic is a whole other matter. Local news coverage when the decision was made to move them to hotels at great expense, partly compensated by pandemic federal funds, confirmed that nearly all the inhabitants had arrived in the city within the prior six months.

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Great points! And you reminded me of an article I came across from Chicago. The researchers there are finding that a sizable minority of the homeless are actually employed, yet they canā€™t get out of their situation. Iā€™ll link to the article, but I thought this quote salient: ā€œAmong unhoused individuals who were not in shelters, about 40% had earnings from formal employment.ā€ So theyā€™re actually working!

Hereā€™s the story: https://news.uchicago.edu/story/employment-alone-isnt-enough-solve-homelessness-study-suggests

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This country needs housing bigtime. And a set of laws that make it possible to house everybody.

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I had students in schools where I worked who were living in cars/trucks with their working parent(s). Heartbreaking stuff.

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This is such a terrible Court.

ā€œwhat if there are lead pipes in the water? Do you build the homeless shelter or do you take care of the lead pipes?ā€
ā€“ John Roberts, 2024

Itā€™s not the Courtā€™s job to ask ignorant questions about the science of lead chemistry or miracle vaccines. Two people are sitting on a park bench. One has a home. One doesnā€™t.

Mister Chief Justice, whatā€™s to stop a creep dressed like an official from walking up to them, asking if they are homeless, and requiring the nubile young lady to present identification so he knows where to go to rape herā€¦?

Iā€™m sorry, to start a new family with her.

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Another aspect of this is the fact that when the fed sets the interest rate that also sets the unemployment rate - they are co-determined. I am not an economist, but i live with one, and once he had explained this i was completely disgusted. In order for the rich to reap their interest some folks will be out of work. I canā€™t remember the explainable of how it works just that it always makes complete sense when he explains it.

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The researchers there are finding that a sizable minority of the homeless are actually employed,

Sounds bogus to me.

Exactly. A senior citizen priced out of their apartment (frequently by an REIT) is a lifestyle choice?

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And in some States, force her to give birth!

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Iā€™m with you. Iā€™m in San Francisco. SF submitted an amicus brief which - like the SG - said - we accept that there is Eighth Amendment coverage here but we need to know where the rules are. SF has been under an injunction - which for some period of time - held that if the City didnā€™t have enough shelter for everyone, it couldnā€™t enforce any rules in this area against pretty much anyone. The Magistrate backed off of that position eventually but itā€™s been confusing.

SF I think like a lot of cities wants to know - where are the lines? Can we ban tents being up all day in the City? (The SG said today that they thought cities safely could). Can we cite people who prefer tents to shelter for reasons of choice (as opposed to some of the hypos we heard today) (SG also said today that they thought cities safely could).

Cities want to know the rules. Then they can legislate accordingly. (Or not - I could see SF not make any legal changes even if their view prevails simply because there isnā€™t political consensus behind taking a tougher approach to these issues).

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After Hurricane Katrina I spent ( on and off) about 3 months volunteering in Biloxi,MS. A group there named Back Bay Mission built a facility with insurance funds after losing everything. The homeless assistance facility is called Micah House. Here, homeless people can shower, do laundry, use computers to look for jobs and get food and clothing but they do not sleep there. In addition, everyone using these services gets a photo ID.

It may not be a perfect solution but it is humane and allows homeless people to have a safe haven, have contact with helpers and preserve some self respect. The photo ID means so much to them. Giving people a chance to clean themselves and their clothing is such a basic way to recognize their humanity.

Homelessness is a multi factor problem and needs both small and large scale solutions. I can not imagine the helplessness and terror these people live with. The Boys of SCOTUS would certainly benefit from a cold night in a dark park.

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Sounds like a country music song waiting to be written.

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Are you being sarcastic?

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What about salaries for him and other Justices and judges? He seems to imply that they are a different class than poor folks!

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Or witless?

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Same here in San Diego. The useless mayor (Todd Gloria) is finally trying to do something about homlessness (he was on the council back in 2000, and proposed a 5 year plan to end homelessness, which, er hasnā€™t worked) and they did pass a (very limited) camping ban which has actually helped a bit downtown. There were literally 8-10 solid blocks downtown where you couldnā€™t walk on the sidewalk as it was jammed with encampments.

There is a safe camping space set up, but it isnā€™t full as people have to abide by some standards of common decency, which is way more that some people can manage.

Thereā€™s a lot of talk about homeless people having ties to the city - which is true, but they largely have successfully torched those links by their own behavior.

Iā€™m not asking for homlessness to be criminalized, but for criminal acts to be criminalized - you canā€™t smoke cigarettes in the city parks, but crack is AOK, you can steal bicycles with impunity as the police look the other way, and if I tried to camp in a city park, Iā€™d be instantly arrested.

This appeal is to try to get some clarity about what the law is - the local ā€œadvocatesā€ (though arguing people have the right to sleep on the street when shelter beds are available is not the advocate Iā€™d want) keep threatening to sue the city if they try and push one homeless person into a shelter if there isnā€™t capacity for everyone, which is completely absurd. So thatā€™s why this appeal is very important.

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And then there are these ā€œencampmentsā€ all over California - including teachers in the San Jose area and working, middle agers who have been priced out of their homes. This has been going on for years.

An RV Camp Sprang Up Outside Googleā€™s Headquarters. Now Mountain View Wants to Ban It


Donā€™t have an RV or a car? Guess a tent will have to do.

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also, mental illness is not a life choice

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