On April 22, 2024, the U.S. Supreme Court heard oral arguments in the case of City of Grants Pass, Oregon v. Gloria Johnson. Grants Pass is a city of approximately 39,000 people that, between 2013 and 2018, penalized involuntarily unhoused people for camping or sleeping in public spaces with a blanket, pillow, or cardboard box.1 A city councilor stated that the goal of enforcing the anticamping, antisleeping, and park-exclusion ordinances was “to make it uncomfortable enough for [homeless persons] in our city so they will want to move on down the road.”1 Despite insufficient shelter availability in Grants Pass, people who violated these ordinances were issued fines (ranging from $75 to $295 for a first offense), which increased if they went unpaid and decreased if the violator pled guilty. A total of 574 tickets were issued during this period.1 Repeat offenders were subject to additional fines and criminal prosecution for trespassing — a misdemeanor punishable by up to 30 days in jail and a $1,250 fine.1 

"Homelessness is a profound assault on dignity, social inclusion and the right to life. It is a prima facie violation of the right to housing and violates a number of other human rights in addition to the right to life, including non-discrimination, health, water and sanitation, security of the person and freedom from cruel, degrading and inhuman treatment."
 

This summer, the U.S. Supreme Court issued its opinion in Grants Pass v. Johnson, which upheld laws in the city of Grants Pass, Oregon, that prohibit people from sleeping outside on public property even when there are no available shelter beds. This disappointing and harmful decision allows cities to enforce civil and criminal penalties against individuals who have no choice but to sleep outside, despite the Eighth Amendment’s prohibition on cruel and unusual punishment. As Justice Sonia Sotomayor wrote in her dissent, the court’s ruling abandoned “its role in safeguarding constitutional liberties for the most vulnerable among us” by allowing the enforcement of laws that criminalize the status of being homeless.

The United Nations (UN) has criticized the criminalization of homelessness in the United States, calling it a violation of human rights and an inefficient approach to addressing social issues:   

UN panel: In 2014, a UN panel criticized the criminalization of homelessness in the United States, noting that it includes laws that prohibit activities like sleeping, camping, begging, and lying in public spaces.

Special Rapporteur on extreme poverty and human rights. A study by the Special Rapporteur on extreme poverty and human rights and the Special Rapporteur on adequate housing argues that criminalization of homelessness: 

• Perpetuates discrimination and exclusion 
• Entrenches discrimination and stigmatization 
• Is an unsuitable, inefficient, and costly approach to address social issues