Tents outside the First Street U.S. Courthouse in Los Angeles, where homeless advocates and supporters rallied as the U.S. Supreme Court in Washington D.C. heard oral arguments in the Grants Pass case, on April 22, 2024. Photo by Ted Soqui for CalMattersIf you're enjoying this article, you'll love our daily morning newsletter, How To LA. Every weekday, you'll get fresh, community-driven stories that catch you up with our independent local news.The U.S.
“Sleep is a biological necessity, not a crime,” she wrote, joined by Kagan and Jackson. “For some people, sleeping outside is their only option. The City of Grants Pass jails and fines those people for sleeping anywhere in public at any time, including in their cars, if they use as little as a blanket to keep warm or a rolled-up shirt as a pillow. For people with no access to shelter, that punishes them for being homeless. That is unconscionable and unconstitutional.
“It will make homelessness worse, in California and Grants Pass and across the country,” said Jesse Rabinowitz, spokesperson for the National Homelessness Law Center. “We know that throwing people in jail and giving them thousands of dollars in tickets makes it harder for them to find jobs, harder for them to find housing and harder for them to exit homelessness.
“The big fear is not only how bold they’re going to be,” De Asis Miralle said, “but how much deeper into instability and trauma and homelessness it will drive people.”The case stems from a 2018 lawsuit against Grants Pass, a small city in Southern Oregon that banned camping throughout its jurisdiction. The lower courts sided with homeless residents who argued that because humans need to sleep somewhere, the Grants Pass ordinance made it illegal to be homelessness.
An encampment covers a sidewalk near a freeway entrance in downtown San Diego on March 22, 2024. Photo by Kristian Carreon for CalMattersThe COVID pandemic made the situation more complex. In 2020, federal health regulations recommended that cities not clear any encampments, in order to limit the spread of the virus and protect vulnerable homeless residents.
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