Criminalizing Homelessness — The Grants Pass, Oregon, Supreme Court Case
Abstract
This article examines the legal and public health implications of the Supreme Court case City of Grants Pass v. Johnson, which centers on the constitutionality of penalizing people for sleeping in public when no shelter is available. The authors outline Grants Pass’s use of fines and criminal charges against unhoused individuals, despite limited shelter capacity, and the Ninth Circuit's ruling that such penalties violate the Eighth Amendment’s protections against cruel and unusual punishment. The case brings national attention to whether homelessness is a status or conduct. The article contextualizes homelessness as a consequence of systemic failures economic inequality, discrimination, and gaps in social services and presents evidence showing that criminalization perpetuates homelessness and worsens health outcomes. The authors advocate for evidence-based alternatives like Housing First and integrated support services, warning that allowing criminalization could deepen health inequities and strain public systems.
Keywords:
homelessness
Eighth Amendment
criminalization
Grants Pass v. Johnson
Housing First
public health law
health equity
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