| Illustration by Hisashi Okawa |
Did you know that it is punishable to sleep outside, even if no housing or shelter is available? Sounds unfair, right?
In 2024, the Supreme Court ruled in City of Grants Pass v. Johnson that punishing someone for sleeping in public spaces, even if they have nowhere else to stay, does not violate the Eighth Amendment. In other words, they believed that it is not a “cruel and unusual” punishment. This allows other cities nationwide to pass laws that make unsheltered homelessness a legally punishable offense.
Lawmakers all over the country are attempting to sweep the crisis (and the people) under the rug without addressing the real, bigger issues that can effectively end homelessness. As of last month, Housing Not Handcuffs reported that 22 states are considering introducing new anti-homeless laws. That is nearly half the country considering criminalizing homelessness. While they are pushing to punish people experiencing homelessness, they are also slashing investments for housing, treatments, and other supports that would otherwise aid those in need.
Why does this matter? Criminalizing homelessness does nothing to solve the crisis at hand. Instead, these flawed laws effectively trap people already experiencing homelessness into a deeper pit. Arrests and tickets create criminal records, preventing people from getting jobs, qualifying for housing, and receiving other benefits that would have actually helped in ending homelessness. Research conducted by the National Alliance to End Homelessness shows there is no evidence that it reduces homelessness. All it does is forcefully remove people from one public space to the next, creating an endless, needless cycle.
The majority of people experiencing homelessness are not unsheltered by choice. Many factors can come into play, such as a lack of affordable housing, mental and physical health care, or adequate shelter. There are many barriers, both visible and invisible ones, that make it increasingly difficult to escape unsheltered homelessness. Lawmakers should focus on passing bills that increase affordable housing and other forms of support and aid, rather than pushing for punitive measures.
It’s unnecessary and dehumanizing to criminalize homelessness. Stop passing anti-homeless laws and start providing support for those experiencing homelessness.
It should never be a crime to seek shelter.
Click on these links to learn more about decriminalizing homelessness:
Tracking the Criminalization of Homelessness
What Communities Need to Know About the Decriminalization of Homelessness


