At the end of its latest term, the Supreme Court ruled in City of Grants Pass v. Johnson that cities can arrest people for being homeless, overturning other court rulings that doing so violates the 8th Amendment’s prohibition on cruel and unusual punishment.
But nothing in the Grants Pass decision negates the more important principle at stake: cities cannot ignore the constitutional rights of unhoused people.
Grants Pass, Oregon, where this case originated, is home to around 600 unhoused people and only 138 shelter beds. Rather than add additional housing units or shelter beds, Grants Pass officials decided the best way to address this problem was to pass a law criminalizing sleeping in public, including fining and even jailing people for having no place to sleep.
Even before Grants Pass was decided by SCOTUS, Kentucky lawmakers decided to take a similar approach by passing House Bill 5.
Under House Bill 5 – erroneously called the “Safer Kentucky Act” by some – unhoused Kentuckians face criminal charges, up to 90 days in jail, and a $250 fine for having nowhere to sleep. Doubtless, these amounts are impossible to pay for many unhoused individuals living in Kentucky or Grants Pass.
While the Grants Pass decision and House Bill 5 are huge blows to unhoused people across the country, these misguided laws – for now – do not roll back their other constitutional rights. Thus, unhoused Kentuckians still have rights that we will vigorously defend.
For example, cities still cannot seize and destroy unhoused people’s property without due process, cannot issue extreme fines and fees, and cannot enforce broad panhandling bans that violate the First Amendment. These rights are firmly rooted in Supreme Court precedent, and we will defend them in the courts, in the legislature, and with the sustained political pressure of our allies and supporters.
Homelessness can only be solved through housing, not handcuffs. Clearing encampments of unhoused people are, at best, expensive exercises in futility, and at worst, life-threatening risks to the unhoused. A 2022 study found that forced relocation stripped people of necessary healthcare resources, drove them into more hazardous spaces, increased the frequency of dangerous interactions with law enforcement, and created distrust between them and potential government support. It is deeply unsettling to consider government actions which could produce these consequences as anything but ‘cruel and unusual.’
Rather than arresting unhoused people with nowhere to sleep, Kentucky cities should adopt humane, evidence-based policies to lift people out of poverty and homelessness, like establishing cooling centers in the summer, cancelling plans to clear encampments during extreme heat events, and distributing summer care packages with reusable water bottles, nonperishable foods, and sun protection to our unhoused neighbors.
All Kentuckians, regardless of housing status, are entitled to constitutional protections, regardless of the Supreme Court’s decision in Grants Pass and the contents of House Bill 5.
To those who disagree, we’ll see you in court.
