How Grants Pass, Oregon and The Supreme Court Could Make Overcoming NIMBYism The Only Humane Option.

By Jevin Morris

The Supreme Court seems poised to change the way American law applies to the unhoused. In April, the Supreme Court held a hearing on a case stemming from Grants Pass, Oregon which could decide how much control local governments have over the unhoused in their cities. Grants Pass passed two ordinances on homelessness which would effectively criminalize “camping” in public spaces, ordinances meant to deter unhoused individuals from taking shelter wherever they can. The problem? Grants Pass has no shelters in place for the unhoused. Because of this, if allowed to enforce those two ordinances, Grants Pass would be able to effectively ban the unhoused from their city.

During the April hearing, the court’s conservative justices seemed to side with Grants Pass, which could indicate they plan to rule that Grants Pass and other cities across the country can enforce ordinances that would ban sleeping in public. In practical terms, ordinances such as these could mean that unhoused folks have to choose between sleeping in unsafe areas or risking fees or jail time by sleeping in public. It goes without saying that a ruling for Grants Pass has the potential to trigger a flurry of copycat ordinances that could exacerbate the growing crisis that many cities face. Will these ordinances solve the homelessness crisis?

To put it simply, no. But they may illuminate how overcoming NIMBYism is the only way to solve our current crisis. One of the main points of controversy surrounding the case is that Grants Pass seems to have no other plan to tackle homelessness. When NIMBYism reigns supreme, the only option left is to criminalize the most subjugated in society. If ordinances like Grants Pass’ are allowed to exist, the only option will be to build shelters and low-income housing and to build them quickly. Without vital infrastructure, the lives of too many unhoused folks across the nation will be affected. If we can’t eradicate the NIMBY urge to stand in the way of real lifelines for the unhoused, things will get a lot worse. As Justice Sonia Sotomayor asked in the hearing, “Where do we put them if every city, every village, every town lacks compassion?” 

 To learn more about Grants Pass v. Johnson, the case heard at the Supreme Court, visit: https://www.theurbanist.org/2024/05/02/supreme-court-set-to-rule-on-laws-criminalizing-homelessness-in-grants-pass-decision/  

 To hear about Governor Tina Kotek’s response to the case, visit: https://kobi5.com/news/gov-kotek-weighs-in-on-grants-pass-homeless-case-heard-by-supreme-court-227278/