The Supreme Court ‘criminalized’ homelessness. Where is our humanity?

Americans have been flooded with news in recent days, including a rush of crucial decisions from the U.S. Supreme Court. But as rulings on presidential immunity and the regulating power of federal agencies dominated media coverage, many people likely missed reading about a court decision that has major implications for cities nationwide, especially Philadelphia.

In Johnson v. Grants Pass, the court decided to uphold a ban on sleeping outdoors, effectively criminalizing homelessness.

In its ruling, issued June 28, the court decided that cities can arrest or issue tickets to people who are unhoused, even if there are no shelter beds available. In a 6-3 decision, the conservative justices determined that doing so does not violate the Constitution’s Eighth Amendment, which prohibits “cruel and unusual punishments.”

I disagree.

» READ MORE: Police crackdown in Kensington won’t help people dealing with homelessness, substance use

Homelessness is a complex issue with various underlying causes, including poverty, lack of affordable housing, mental health challenges, and systemic inequalities. By criminalizing homelessness, the decision exacerbates the vulnerabilities of people facing housing insecurity and places them at greater risk of further marginalization and injustices. Arresting them won’t solve their problems, it will only add to them.

Arresting people who are on the street is not a solution. It just passes responsibility from elected officials to law enforcement. And will do nothing to get us closer to our long-term goal of eradicating homelessness.

“This decision sets a dangerous precedent that will cause undue harm to people experiencing homelessness and give free rein to local officials who prefer pointless and expensive arrests and imprisonment, rather than real solutions,” said Ann Oliva, CEO of the National Alliance to End Homelessness, in a press release issued after the decision.

Punitive measures fail to address the root causes of homelessness and instead perpetuate a cycle of poverty and exclusion. Once you add an arrest record, getting a job or a home becomes that much harder. And if you’re in jail for any length of time, you may end up losing whatever job or home that you may have. Governments — including here in Philadelphia — should instead prioritize compassionate and sustainable solutions that provide adequate support, resources, and housing options for individuals experiencing homelessness.

The Supreme Court’s reasoning is also deeply unpopular with the American people. According to a poll released in April commissioned by the National Homelessness Law Center and the Housing Narrative Lab, 72% of adults nationwide don’t believe cities should be able to jail, ticket, or fine people for sleeping outside if there’s no shelter available. What’s more, 58% believe policing, ticketing, fining, and jailing will just continue to marginalize people experiencing homelessness and exacerbate problems.

Furthermore, criminalizing homelessness only serves to deepen societal divisions and stigmatize some of the most vulnerable members of our communities by reinforcing harmful stereotypes and prejudices against individuals experiencing homelessness — that they are dangerous, or not deserving of our care and resources.

This should not be who we are. As a society, we must strive for empathy, understanding, and solidarity in addressing homelessness, working toward policies that uphold human rights, dignity, and equality for all individuals, regardless of their housing status. Nothing about this high court decision says compassion, dignity, or respect.

This should not be who we are.

Ultimately, we must advocate for policies that prioritize housing as a fundamental human right and invest in long-term solutions that address the systemic issues contributing to homelessness — affordable housing, substance use disorder, and all of the other reasons people find themselves living on the streets. The Supreme Court’s decision to uphold the ban on sleeping outdoors has simply added more urgency to this work by underscoring the need for a more compassionate and inclusive approach to tackling homelessness in our society.

Of course, we need more than compassion to help people and communities dealing with homelessness transform their lives. We must also rely on best practices and evidence-based programming, such as permanent supportive housing. My organization also offers services such as mental health support, independent living classes, learning how to save money, substance abuse counseling, and employment skills. We also employ people with lived experience at our sites, to help lift those who are where they once were.

Instead of punishing those in need, we should strive to build a society that more deeply values human rights, empathy, and solidarity.

Shirlana N. Dash is CEO of SELF Inc., the largest provider of emergency housing in Philadelphia.