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On April 22nd the Supreme Court of the United States will hear the case of Johnson v. Grants Pass, and determine whether Grants Pass, a City in Oregon, should be allowed to punish homeless individuals for sleeping in public spaces, including parks, sidewalks, and in cars, or using sleeping materials for the purpose of maintaining a temporary place to live. Violators would face criminal and civil penalties.
I am happy to share that we joined the National Coalition for Homeless Veterans (NCHV), the UCLA Veterans Legal Clinic and 44 other peer organizations from around the country to stand against the criminalization of individuals experiencing homelessness.
Together, we filed an amicus brief with the Supreme Court in the Johnson v. Grants Pass. Below is a summary of the argument included in the brief…
Our nation’s leaders have expressed a commitment to veterans of the U.S. military. In recognition of the sacrifices servicemembers make on our collective behalf, government leaders at all levels, regardless of political party, acknowledge the disgrace accompanying the phrase “homeless veteran.” Despite numerous statements and initiatives to end veteran homelessness at the federal, state, and local levels, a disproportionate number of unsheltered veterans still stay on our streets every night.
The U.S. Department of Housing and Urban Development (HUD) counted 35,574 veterans experiencing homelessness (sheltered and unsheltered) on one night in January 2023. That figure represents an increase of over 7.4% from the previous year and an appalling 14.3% increase in unsheltered veteran homelessness from 2022 to 2023, compared to a 9.7% increase in the unsheltered civilian population.
Reversal in this case will criminalize thousands of veterans merely for being unhoused. To permit Grants Pass and other localities to punish survival—sleeping with adequate coverings—will violate decades of this Court’s Eighth Amendment jurisprudence prohibiting punishment of status. That outcome would eviscerate the minimal protections unhoused veterans have against degrading treatment while sleeping outside and in public spaces.
The Court cannot ignore the impact its decision will have on our nation’s military veterans whose lived experiences as unhoused veterans are captured in this Brief. Part I presents data and information to understand the intertwined structural barriers and individual risks for homelessness among adult veterans. Part II provides the lived realities of unhoused veterans. The stories depict criminalization like the anti-sleeping laws at issue in this case, as well as sweeps and other enforcement actions.
Veterans are less likely to leave homelessness when vital records, medications, and other items needed to receive services are discarded in those actions. Plus, local enforcement creates harsher and more cruel experiences for veterans.
You can read the brief here.
CEO of NCHV, Kathryn Monet, said in a press release published on April 3rd “the Court must understand, through this brief, that their ruling could have dire consequences for unsheltered veterans. It is absurd to think that the use of civil penalties against veterans and others experiencing homelessness will do anything other than harm people for being impoverished and make it harder for them to get back on their feet. The justices must rule in a way that reflects the humanity of all Americans, no matter where they lay their head to rest.”
Veterans experiencing homelessness should not be punished for being homeless. Those who served and sacrificed for our country should be treated with compassion and dignity. They should be engaged and encouraged until they are housed, not facing civil and criminal penalties that will make finding housing even harder.
We are proud to stand with the National Coalition for Homeless Veterans to advocate for policies to bring an end to this national tragedy. We are committed to ensuring that no hero is homeless in our community.