NEOCH's Response to Grants Pass V. Johnson

April 22, 2024

Good morning,

My name is Kait McNeeley, my pronouns are she/her, and I am the Deputy Director with Northeast Ohio Coalition for the Homeless. I want to thank everybody for being here this morning.

Safe and affordable housing is not a privilege – it is a basic human right. Our current systems do not reflect that. We are here today to fight for what is right.

This morning, the US Supreme Court will begin hearing the case of Grants Pass vs. Johnson – the first major case on homelessness since the 1980’s. Previously, the U.S. Court of Appeals for the 9th Circuit had held in the case of Martin v. Boise that cities cannot fine, ticket, arrest, or otherwise punish people experiencing homelessness for sleeping on public property when no adequate shelter space is available. This case has the potential to overturn that precedent and criminalize individuals who cannot access safe and affordable housing.

We are here today to stand in solidarity with our unsheltered neighbors, some of whom have lived here longer than the residents of the townhomes and high rises that continue to pop up throughout our city. Privatized development makes public spaces even more sparse for those experiencing unsheltered homelessness.

NEOCH opposes the criminalization of homelessness. We believe it is a violation of basic human rights to ticket, fine, and arrest people experiencing homelessness for simply trying to exist. Instead of punitive measures, we continue to advocate for compassionate and evidence-based solutions to address homelessness. We urge legislators to support policies that prioritize affordable housing, supportive services, and resources to help folks experiencing homelessness rebuild their lives with dignity and respect.

Right now, the courts are deciding whether this case is unconstitutional. They are deciding whether the city of Grants Pass violates the Constitution’s Eighth Amendment when it arrests, fines and even jails people for simply sleeping outside. We are here today to make it perfectly clear. This case is unconstitutional. This case does violate our 8th amendment rights. This case is dehumanizing, and this case is racist.

Grants Pass has appealed the ruling that this case violates our 8th amendment rights, stating, “fines and jail times are hardly cruel or unusual.” It is a sad commentary on the reality of our systems and those who hold the power to make these decisions. Saying this case is ‘hardly cruel or unusual’ ignores the fact that these are human beings, experiencing the most traumatic moments of their lives every second they are living without a home. It punishes victims. Homelessness is not a personal issue; it is a systemic issue. We should not punish the person; we should be changing our systems and breaking down the barriers to accessing resources. If Grants Pass’s appeal is successful, this case will perpetuate the cycle of homelessness and will significantly worsen our nation’s racial justice gap.

This law wants to make it as uncomfortable as possible for folks living outside to continue to do so, forcing them into even more unsafe situations and denying their basic right to exist. Where do they go? Where does someone go when there are no shelter beds or affordable housing opportunities? What solutions are being proposed for these folks besides criminalizing them and stripping away their dignity? This law only creates more barriers, making it even harder for people experiencing homelessness to have access to employment and basic needs.

Cleveland has begun to invest resources to end unsheltered homelessness. No matter the outcome of this Supreme Court case, if we want to be successful in this work, we know that these new resources cannot involve fines, arrests, sweeps, or forced relocation. With the right resources and engagement, we can ensure each of our neighbors has a safe and stable place to call home.

I am inviting Emily Collins, Senior Advisor to the Mayor, to speak more on the city’s plan to support our unsheltered neighbors.

Thank you.

This is a small clip from our director of organizing and advocacy, Josiah Quarles. If you want to see more clips of the event, visit our Facebook or Instagram to watch more @Clehomeless