Supreme Court Rules Against People Experiencing Homelessness
- Golden United Housing Task Force
- Jun 28, 2024
- 3 min read
Updated: Jul 4, 2024
Homelessness is caused by a lack of housing that people can afford.
"The enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment."
What is the case about?
The U.S. Supreme Court ruled on a case called Johnson v. City of Grants Pass. This case is about whether people experiencing homelessness have a constitutional right to camp on public property when they do not have a place to sleep. The question was whether laws regulating camping on public property constitute “cruel and unusual punishment” prohibited by the Eighth Amendment. The Supreme Court held that, "The enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment."
Why does this case matter?
More than 600,000 people are experiencing homelessness in our country, and nearly half of those people sleep outside. Homelessness is increasing across our country as more and more people struggle to make ends meet. Homelessness is caused by a lack of housing that people can afford. Solutions include keeping people in their homes and providing people with housing and services.
How does Golden address homelessness?
The City of Golden has information about several resources for unsheltered and at-risk residents. Information about Strategies to Address Homelessness in Golden was presented at a City Council Study Session on September 26, 2023. In Jefferson County, more than 800 people are homeless, and there are several efforts to prevent homelessness in Jeffco. Heading Home Jeffco is a collaboration to address and end homelessness in Jefferson County.
WHAT CAN YOU DO?
The Supreme Court decision does not require that local governments criminalize people experiencing homelessness.
SEND AN EMAIL TO THE CITY: Send an email to thank our Golden City Council and staff for their work to prevent homelessness and for their resources that support unsheltered and at-risk residents. Emails sent to councilcomments@cityofgolden.net received by the end of each week will be compiled and published the following Monday.
DONATE TO AND VOLUNTEER WITH LOCAL ORGANIZATIONS THAT SUPPORT UNHOUSED AND AT-RISK RESIDENTS:
VOTE: Register and check or update your voter registration at GoVoteColorado.com
BE INFORMED (see the data and resources section below)
Click down for Colorado and Jefferson County Homelessness Data and Resources
Metro Denver Homeless Initiative
In Jeffco, there were 854 people experiencing homelessness on January 30, 2023, and half were first-time homeless
Colorado Coalition for the Homeless
2023 State of Homelessness Report
39% increase in homelessness across the state (4th largest increase in the country)
20% increase in individuals experiencing chronic homelessness
69% increase in family homelessness (the most significant increase nationally)
Colorado's Affordable Housing Crisis: It's Time for Strategic Investments
Fact Sheet: Criminalization & Homelessness
Income Limits in Jefferson County
Source: https://www.chfainfo.com/rental-housing/multifamily-lending/rent-income-limits (2024 Income and Rent Limits)
National Low Income Housing Coalition
2024 Out of Reach Report, which spotlights the disparity between wages and the cost of rental housing
Colorado data (Colorado is the 8th least affordable state in our nation)
The typical renter in Colorado earns $25.66/hour, which is well above the state and federal minimum wage.
Hourly wage required to afford rent in area code 80401:
One-Bedroom Housing Wage = $33.46
Two-Bedroom Housing Wage = $40.19
Fair Market Rent for a One-Bedroom Home = $1,740
Fair Market Rent for a Two-Bedroom Home = $2,090
Hourly wage required to afford rent in area code 80403:
One-Bedroom Housing Wage = $37.69
Two-Bedroom Housing Wage = $45.19
Fair Market Rent for a One-Bedroom Home = $1,960
Fair Market Rent for a Two-Bedroom Home = $2,350
The Gap Report, which highlights the shortage of affordable homes, especially for families with the lowest incomes
Justice Sonia Sotomayor's dissent - SCOTUS Ruling (joined by Justices Elena Kagan and Ketanji Brown Jackson):
"Sleep is a biological necessity, not a crime. 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. Punishing people for their status is “cruel and unusual” under the Eighth Amendment."
READ ENTIRE DISSENT (p. 45-74)
Click down for Statements from Colorado Organizations about the SCOTUS Ruling
Colorado Coalition for the Homeless: SCOTUS allows criminalization of homelessness in Grants Pass v. Johnson decision (6/28/24)
“The devastating decision of the U.S. Supreme Court today allowing cities to continue to criminalize homelessness, even if people have nowhere else to go, is disappointing yet unsurprising. It fits in with the inefficient, ineffective, and inhumane belief that punishing people for trying to survive will somehow remedy a homelessness crisis caused by a lack of affordable housing."
Join The CCH Advocacy Network
Colorado Poverty Law Project: SCOTUS will allow cities to criminalize homelessness
“This is a historic decision that will directly impact the 250,000+ people sleeping unsheltered every night. This decision comes at a time when we feel ourselves at our edge. We are witnessing an increased need for homelessness prevention services and a lack of political investment to keep people in their homes. The impact is thousands of low-income families slipping through the cracks and into homelessness, many for the first time.”
Some Golden United Board members are making generous donations to help CPLP's efforts to protect the rights of those less fortunate.
Click down for Statements from National Organizations about the SCOTUS Ruling
American Civil Liberties Union: ACLU Responds to Supreme Court Decision that Cities Can Punish People for Being Homeless (6/28/24)
READ THE ACLU AMICUS BRIEF (4/3/24)
“Punishing a person for sleeping in public when they have nowhere else to go violates our Constitution’s prohibition on cruel and unusual punishments. The Eighth Amendment’s text, history, and tradition demonstrate that it prohibits punishments that are disproportionate to the crime.”
National Low Income Housing Coalition, National Alliance to End Homelessness, and Center on Budget and Policy Priorities: NLIHC, NAEH, CBPP Joint Statement on Grants Pass v. Johnson Supreme Court Case and the Need for Leaders to Address Homelessness with Humane, Proven Strategies (4/22/24)
“The severe lack of affordable rental homes is driving the rise in homelessness across the country. In 2022, over 12 million households spent more than half their income on rent. Households earning less than $30,000 a year faced the worst affordability issues.”
National Low Income Housing Coalition: NLIHC Statement on Supreme Court Ruling in City of Grants Pass, Oregon v. Johnson (6/28/24)
“Arrests and fines are not solutions to homelessness because they do not address the underlying causes of the crisis. Instead, these measures make it more difficult for people to access the affordable housing, health services, and employment necessary to become rehoused.”
National Homelessness Law Center Condemns Supreme Court Decision, Demands Real Solutions to Homelessness (6/28/24)
“America is the richest country in the world. We can afford to ensure that everybody has a roof over their heads, a warm bed, and a door to lock. Our neighbors living outside cannot wait any longer.”
