Criminalization Over Compassion

July 12, 2024 / #AdvocacyMatters

Late last month, the US Supreme Court issued a landmark decision on homelessness, opening the door for cities and states to criminalize sleeping outside. City of Grants Pass v. Johnson was brought by homeless individuals living in Grants Pass, Oregon, who challenged local laws against public camping. These unhoused Oregonians argued that laws forbidding the human function of sleep constituted cruel and unusual punishment in violation of the Eighth Amendment. The decision held that punishing homeless individuals for sleeping outside cannot be considered cruel or unusual. The Majority argued that the punishments imposed, such as fines and up to 30 days in jail, are not cruel, as “cities and States across the country have long employed similar punishments for similar offenses.”

Homelessness impacts individuals from all races, backgrounds, and abilities. However, we know that disabled individuals are in particular danger of experiencing homelessness. The U.S. Department of Housing and Urban Development (HUD) estimated that in 2023, 31% of those who met the federal definition of experiencing chronic homelessness are people with disabilities. However, the Disability Rights Education and Defense Fund points out that this is “undoubtedly an underestimate” as not all homeless people experience “chronic” homelessness, or meet HUD’s definition of disability.

For individuals with disabilities, shelter beds that are available in theory are often unavailable in a practical sense. Individuals experiencing homelessness often find shelters unable to accommodate their disabilities, and face further restrictions “based on gender, age, income, sexuality, religious practice, curfews that conflict with employment obligations, and limits on stays.”

People with disabilities are disproportionally impacted in negative ways throughout the systems of our society. Prioritizing criminalization over compassion brings about often insurmountable barriers, pushing these individuals further into the fringe. Our energy, our resolve, and our advocacy must remain steadfast and focused on fostering a society where the focus is on reducing barriers not enforcing barriers.

You can find our Housing Advocacy resources at: disabilityrightsohio.org/housing

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