Sunday, June 30, 2024

From the Texas Tribune: The U.S. Supreme Court upheld a ban on homeless encampments. Here’s what it means for Texas.

An recent example of federalism. 

For more see: 

ScotusBlog: City of Grants Pass, Oregon v. Johnson.

Oyez: City of Grants Pass, Oregon v. Johnson.

- Click here for the article

Bans on homeless encampments in Texas drew the effective backing of the U.S. Supreme Court in a sweeping ruling Friday that allows cities and states to fine people experiencing homelessness for sleeping in public places amid record-high homelessness levels.

Justices ruled that a small Oregon town could continue fining people for sleeping outside, ruling that doing so is a broadly constitutional method of responding to the nation’s homelessness crisis.

Camping bans adopted by state lawmakers and in major cities like Austin and Houston weren’t explicitly challenged in the case. But advocates for those experiencing homelessness saw Friday’s ruling as an endorsement of such bans from the nation’s highest court that could embolden state and local governments to embrace such policies without providing housing options for people experiencing homelessness. Such bans, those advocates argue, do nothing to address the underlying causes of homelessness — namely the nation’s shortage of affordable and attainable housing — while making it more difficult for people experiencing homelessness to get a fresh start and access necessary services.

“Homelessness is the result of a nationwide affordable housing crisis so that’s what we need to solve,” Eric Samuels, president and CEO of Texas Homeless Network, said.

San Antonio Mayor Ron Nirenberg condemned Friday’s ruling, which he said “paves the way to criminalize homelessness.”

“Our unhoused neighbors need permanent supportive housing, access to health care, and to be treated with basic dignity,” Nirenberg wrote on the social media site X. “We cannot arrest our way out of homelessness.”

The Cicero Institute — an Austin-based think tank that has pushed states to enact bans on homeless encampments on public safety grounds — lauded Friday’s ruling.

“This historic ruling ensures that elected leaders have the ability to take action to improve community safety and protect property owners — action supported by a bipartisan majority of voters across the nation,” Stefani Buhajla, a spokesperson for the institute, said in a statement.