Skip to content
Search

Latest Stories

Top Stories

High court upholds law criminalizing homelessness, making things worse

People protesting laws against homelessness

People protest outside the Supreme Court as the justices prepared to hear Grants Pass v. Johnson on April 22.

Matt McClain/The Washington Post via Getty Images

Herring is an assistant professor of sociology at UCLA, co-author of an amicus brief in Johnson v. Grants Pass and a member of the Scholars Strategy Network.

In late June, the Supreme Court decided in the case of Johnson v. Grants Pass that the government can criminalize homelessness. In the court’s 6-3 decision, split along ideological lines, the conservative justices ruled that bans on sleeping in public when there are no shelter beds available do not violate the Constitution’s prohibition on cruel and unusual punishment.

This ruling will only make homelessness worse. It may also propel U.S. localities into a “race to the bottom” in passing increasingly punitive policies aimed at locking up or banishing the unhoused.


Like many West Coast localities, the town of Grants Pass, Ore., suffers from an acute affordable housing crisis and no homeless shelters for adults. In 2013, the city council hosted a meeting to “identify solutions to the current vagrancy problem.” Rather than expanding shelter or housing, the council passed ordinances that made it illegal to sleep outside with blankets, pillows or even cardboard. Every violation triggers a $275 fine, and after two citations a person may be issued an exclusion order across all public property.

Sign up for The Fulcrum newsletter

This amounts to banishment from Grants Pass or incarceration for simply being homeless. As the city council president at the time said, “The point is to make it uncomfortable enough for them in our city so they will want to move on down the road.”

While the Grants Pass scheme may be uniquely cruel, local governments enforce ordinances against standing, sitting, resting and sleeping in public space across the United States. Now that the minimal guardrails of legal protections for the homeless have been removed by the Supreme Court, it is more important than ever for local lawmakers not to fall prey to populist outrage to ramp up punitive crackdowns. They should instead heed the decades of social science research that shows them to be both counterproductive and cruel.

Synthesizing over 50 published research papers on the impacts of these laws from small towns to large cities, a group of social scientists including myself filed a brief for the Supreme Court in the case. The research consistently arrived at a broad consensus. The enforcement of anti-homeless laws not only fails to reduce homelessness in public space beyond a few blocks, it also traps people in homelessness longer and exacerbates health conditions, all while creating numerous barriers to shelter, treatment, jobs and housing.

Enforcement of anti-homeless laws has been shown to have various negative health impacts. For instance, a 2021 California study of 3,200 adults experiencing homelessness in eight counties found that 36 percent had their belongings taken and/or destroyed by local agencies while enforcing anti-homeless ordinances in just six months. Participants in this study and in other large surveys taken in Denver and Honolulu reported having lost life-saving medicine needed to treat HIV and Hepatitis C, ID and benefit cards, walkers, canes, crutches, and wheelchairs. Meanwhile, CDC scientists acknowledge that clearing encampments through enforcement increases the spread of infectious disease, increasing public health risks.

A study surveying doctors and medical providers identified widespread frustration with enforcement. The houseless regularly avoid appointments or even hospitalization from fear that their property will be destroyed. Many lose benefits and prescriptions due to short incarcerations. All of this leads to negative health impacts, increased emergency room utilization and exorbitant health care costs on already strained systems.

Many people experience incarceration for their first time due to their homelessness, but the consequences have lasting effects. Incarceration often means a loss of employment due to absence and increased difficulty securing new employment stemming from their newly acquired criminal record. The mark of a criminal record also leads to exclusions in the housing market due to landlord discrimination.

Tickets are often viewed as a civil infraction, but they can have the same punitive impacts. Unpaid citations in most U.S. localities result in arrest warrants, spoiled credit, suspensions of driver’s licenses, and erect multiple barriers to exiting homelessness. In San Francisco, a study found that 90 percent of the 10,000 to 15,000 citations given to homeless people each year for sitting, camping or loitering go unpaid — no surprise considering the poverty of those cited.

Not only are those with warrants often barred from work and housing, they are also restricted from residential drug and mental health treatment programs, as well as homeless shelters in many states. Rather than working as sticks to push people towards better life choices and opportunity, studies consistently find that enforcement more often pulls people deeper into poverty and extends their homelessness.

Despite the overwhelming evidence that these laws are ineffective, costly and harmful, they are politically popular. For politicians in power, enforcement reduces public outrage.

Such laws have been consistently found to do nothing to curb wider collective urban disorder or reduce homelessness in public space. But enforcement scratches the itch of individual angry residents and business owners dialing 911 to have their block spot-cleaned of homelessness. Meanwhile, political challengers often campaign on even harsher ordinances, blaming the persistence of homelessness on the incumbent’s tolerance. Both positions distract from the real issue of the growing affordable housing crisis at the problem’s root, which politicians are weary to address.

Even if the Supreme Court had ruled in favor of the homeless plaintiffs, the truth is little would have changed without further political and legal pressure for reforms. And though Friday’s ruling is a huge step backwards, it won’t stop the ongoing legal cases to protect unhoused people’s rights on Fourth, Fifth, and 14th amendment grounds of rights to property, due process and equal access to shelter.

Nonetheless, the court’s decision now frees localities of even the lowest level of accountability in its criminal treatment of homelessness. It will also fuel political competition between cities, counties and even states to pass increasingly punitive policies as they try to push their unhoused residents “down the road.”

Read More

Man stepping on ripped poster

A man treads on a picture of Syria's ousted president, Bashar al-Assad, as people enter his residence in Damascus on Dec. 8.

Omar Haj Kadour/AFP via Getty Images

With Assad out, this is what we must do to help save Syria

This was a long day coming, and frankly one I never thought I’d see.

Thirteen years ago, Syria’s Bashar Assad unleashed a reign of unmitigated terror on his own people, in response to protests of his inhumane Ba’athist government.

Keep ReadingShow less
Men and a boy walking through a hallway

Vivek Ramaswamy and Elon Musk, with his son X, depart the Capitol on Dec. 5.

Craig Hudson for The Washington Post via Getty Images

Will DOGE promote efficiency for its own sake?

This is the first entry in a series on the Department of Government Efficiency, an advisory board created by President-elect Donald Trump to recommend cuts in government spending and regulations. DOGE, which is spearheaded by Elon Musk and Vivek Ramaswamy, has generated quite a bit of discussion in recent weeks.

The goal of making government efficient is certainly an enviable one indeed. However, the potential for personal biases or political agendas to interfere with the process must be monitored.

As DOGE suggests cuts to wasteful spending and ways to streamline government operations, potentially saving billions of dollars, The Fulcrum will focus on the pros and cons.

We will not shy away from DOGE’s most controversial proposals and will call attention to dangerous thinking that threatens our democracy when we see it. However, in doing so, we are committing to not employing accusations, innuendos or misinformation. We will advocate for intellectual honesty to inform and persuade effectively.

The new Department of Government Efficiency, an advisory board to be headed by Elon Musk and Vivek Ramaswamy, is designed to cut resources and avoid waste — indeed to save money. Few can argue this isn't a laudable goal as most Americans have experienced the inefficiencies and waste of various government agencies.

Sign up for The Fulcrum newsletter

Keep ReadingShow less
From left: Volodymyr Zelenskyy, Emmanuel Macron, Donald Trump

President-elect Donald Trump spoke with Ukrainian President Volodymyr Zelenskyy and French President Emmanuel Macron on Dec. 7. No one will be able to restrain Trump's foreign policy efforts.

The true Trump threat

Many Americans fear what Donald Trump will do after assuming the presidency in January — and understandably so. Trump's pathological self-absorption has no place in American government, let alone at its very top.

But the specific type of threat Trump poses is often misunderstood. Like all presidents, his domestic powers are limited. He will face stiff resistance at the federal, state and local levels of government.

Keep ReadingShow less
Donald Trump
Remon Haazen/Getty Images

What is Trump really going to do?

President-elect Donald Trump is rapidly turning out names of potential nominees for his incoming administration. Most are strong supporters not only of Trump himself, but also his agenda. It is highly likely that they will be more than happy to help the incoming president implement his wishes.

Trump may also be emboldened by what he perceives to be an electoral mandate (although his final tally came up a bit short of one). Supporters and opponents alike wonder which campaign promises he will keep and which policies he will prioritize. So, what did the voters who supported him want him to do? Data collected for the GW Politics Poll, which I direct with colleagues at George Washington University, provides some insights.

Keep ReadingShow less