The Supreme Court has ruled that governments have the right to prohibit homeless persons from sleeping outside, especially in regions of the West Coast where there are not enough shelters. This decision is the most important one to come before the high court on the subject in decades, as the number of Americans without a permanent place to reside rises. The top court overturned an appeals court judgment from San Francisco that concluded outdoor sleeping prohibitions amounted to cruel and unusual punishment in a 6-3 decision based on ideological differences.
Homelessness is a complicated issue with several reasons for it. Justice Neil Gorsuch stated that "the collective wisdom of the American people in determining 'how best to handle' a pressing social question like homelessness is greater than the abilities of a few federal judges." If someone gets a ticket or faces other consequences for breaking a camping prohibition, they may use the "necessity defense" if they have no other option but to sleep outside.
Leaders from both parties had said that the decision to overturn the restrictions would make it more difficult to control outdoor encampments invading nine Western states' sidewalks and other public areas, including California, where one-third of the nation's homeless people reside. On the other hand, proponents of ending homelessness argued that making it illegal for communities to penalize those in need of a place to sleep would just exacerbate the situation.
The decision comes after homelessness in the US increased by 12% to its highest recorded level last year as rising rents and a drop in coronavirus pandemic aid made housing unaffordable for an increasing number of individuals. Policymakers must focus on real solutions like rental assistance, cash supports, and strong, flexible community services that are proven to end homelessness and stabilize people with low incomes in housing.
Homelessness is a complicated issue with several reasons for it. Justice Neil Gorsuch stated that "the collective wisdom of the American people in determining 'how best to handle' a pressing social question like homelessness is greater than the abilities of a few federal judges." If someone gets a ticket or faces other consequences for breaking a camping prohibition, they may use the "necessity defense" if they have no other option but to sleep outside.
Leaders from both parties had said that the decision to overturn the restrictions would make it more difficult to control outdoor encampments invading nine Western states' sidewalks and other public areas, including California, where one-third of the nation's homeless people reside. On the other hand, proponents of ending homelessness argued that making it illegal for communities to penalize those in need of a place to sleep would just exacerbate the situation.
The decision comes after homelessness in the US increased by 12% to its highest recorded level last year as rising rents and a drop in coronavirus pandemic aid made housing unaffordable for an increasing number of individuals. Policymakers must focus on real solutions like rental assistance, cash supports, and strong, flexible community services that are proven to end homelessness and stabilize people with low incomes in housing.
