The Reactionary U.S. Supreme Court is Inflicting Misery Across the Nation
The Homeless Face an Impossible Choice: Either Stay Awake or Be Arrested.
In the recent City of Grants Pass, Oregon v. Johnson case, the U.S. Supreme Court ruled 6-3 to uphold local ordinances that criminalize certain activities associated with homelessness, such as using blankets or sleeping on public property. This ruling further entrenches the criminalization of homelessness and underscores the Court’s blatant indifference to the plight of the most vulnerable.
Justice Sotomayor dissented, arguing that the ordinances effectively criminalize homelessness and that the ruling ignores the interconnected issues contributing to homelessness, such as lack of affordable housing and rising costs. She stated the obvious, namely that the ruling:
focuses almost exclusively on the needs of local government and leaves the most vulnerable in our society with an impossible choice: Either stay awake or be arrested.
Sotomayor's dissent highlights the Court's failure to consider the systemic issues at play, further marginalizing those who are already struggling to survive. Her powerful critique underscores the urgent need for a more moral, compassionate, and holistic approach to addressing homelessness.
The ruinous impact of this U.S. Supreme Court decision is, as expected, spreading across the nation. It has reached Rhode Island. Indeed, in an article in the Providence Journal titled 'This ordinance is brutal': Will RI follow California in clearing out the homeless?, Katie Mulvaney wrote:
CRANSTON – As California Gov. Gavin Newsom last week directed state agencies to start clearing homeless encampments from public land, Cranston leaders took a first look at a measure that would bar tent dwellers from city land.
Emboldened by a recent U.S. Supreme Court decision validating an Oregon city’s ban on outdoor sleeping, cities and towns throughout Rhode Island are grappling with how to address rising numbers of residents experiencing homelessness in the proliferation of tent encampments.
The Cranston City Council last week fielded an ordinance proposed by Mayor Ken Hopkins that would prohibit any type of “shelter” – permanent or temporary – on city land. Alleged offenders would face a $50 fine for trespassing and risk having their possessions discarded if they aren’t removed within 24 hours.
Justice Louis Brandeis famously argued in 1932 that:
It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.
Calling the fight against Cranston’s harsh ordinance a “novel experiment” is a mischaracterization. Nonetheless, Justice Brandeis’ words remind us that when the Federal Government fails to protect the rights of the people, the States must take over. The Office of the Attorney General has its work cut out for it. Thus far, the office has been delinquent in holding the City of Providence and others accountable for its harassment of the homeless. As Steve Ahlquist wrote:
While advocates protest encampment raids at City Hall, Mayor Smiley chats on right-wing radio
In other words, while we are acutely aware of Mayor Smiley's activities, Attorney General Neronha's office appears to be missing in action, failing to enforce the 2012 Rhode Island Homeless Bill of Rights. The last notable action from the Attorney General’s office regarding homelessness seems to have been its refusal to represent the Governor’s Office during the eviction of an encampment from the State House in December 2022. This refusal is no substitute for meaningful action and amounts to little more than an attempt to wash their hands of responsibility.
Government! Last Rhode Island legislative session featured an updated version (2024—S2764 and 2024—7967) of the 2012 Homeless Bill of Rights:
This act would update the Homeless Bill of Rights to add rules governing encampments and includes the right to clean and sanitary conditions.
Apart from the sponsors and co-sponsors of this legislation—follow the links to see who they are—the Rhode Island General Assembly hasn’t done much either. The legislation was “held for further study,” which, in plain English, means it was perfunctorily dealt with, ignored, and finally forgotten.
Let’s make sure we keep up the pressure on the power elite. Contact the Attorney General’s office and urge them to uphold and enforce the 2012 Homeless Bill of Rights. Contact your local representatives and urge them to support and pass the updated version of this crucial legislation.
Also, help to prevent evictions by supporting the Percentage Income Payment Plan (PIPP 2024—S2366 and 2024—H7286), which the George Wiley Center has long advocated for. This will help avoid utility shut-offs, one of the home-to-homelessness pipelines. Again, follow the PIPP links to see who have been supporting this legislation.
We must raise our voices to end the ongoing and expanding suffering and hardship.
In the richest country on Earth we should be more generous and point fingers at those who exhibit their insensitivity to the needs of the poor. Capitalism when joined with selfishness can be quite terrible and it is only our compassion that makes our economic system work. When I was a boy there was real attention given to building public housing. Interesting that in most of the world there are apartment buildings rather than all of the separate homes that we prefer. Over the years we have decided to no longer provide affordable housing to the poor. All sorts of convenient reasons have been given as to why we should give up on public housing—but the real reason is a misguided view that capitalism must remain dog eat dog. But in reality, that attitude will eventually destroy us.
This is terrible, and calls for a new Raging Granny song. Something like: If you sleep in the park under moon or sun , you better keep one eye open- so you ‘ll see the cops coming and run! Shame shame!!