close
close
orange

How could the looming U.S. Supreme Court decision on homelessness impact Erie?

Vaseline

play

The U.S. Supreme Court will hear arguments next week on whether issuing fines/tickets to homeless people who sleep outside in public areas is cruel and unusual punishment that violates the U.S. Constitution.

Whatever the Supreme Court decides, however, Erie city officials say they will not launch a criminal crackdown on the homeless.

On Monday, the nation’s highest court will hear City of Grants Pass v Johnson, which focuses on the small town of Grants Pass, Oregon, and its enforcement of a local law that prohibits people from camping/sleeping in public areas such as on sidewalks or parks.

The Supreme Court’s decision could have broad implications for how municipalities across the country address homelessness and whether living in homeless camps and/or sleeping outdoors on public property could land people with a fine or even jail time.

Renee Lamis, Erie Mayor Joe Schember’s chief of staff, said city officials are focused on finding long-term solutions to help those who need shelter, not on “the criminalization of homelessness.”

Erie County’s unsheltered homeless population has increased exponentially in recent years.

According to county statistics, 371 people are homeless every day in Erie County, and the region’s unsheltered homeless population has increased 400% since 2020.

“We are focused on initiatives to create more options for permanent supportive housing in the city because we believe everyone should have access to safe, quality and affordable housing,” Lamis said.

Can homeless people be fined/imprisoned for sleeping outside?

A group of homeless people has challenged Grants Pass’ anti-camping law, and several groups that advocate for the poor and homeless are supporting the lawsuit.

The 9th US Circuit Court of Appeals, which has jurisdiction over Oregon and several other Western states, ruled in 2018 that communities can ban tents in public spaces.

However, the court ruled that issuing fines/citations to people who sleep outside because they have nowhere else to go violates the Eighth Amendment to the U.S. Constitution, which prohibits cruel and unusual punishment.

The court later expanded that ruling, saying civil penalties were also unconstitutional. Officials in a number of West Coast states have filed briefs with the Supreme Court, hoping the justices will overturn the 9th Circuit’s decision, which they say limits their ability to deal with homeless encampments.

The Supreme Court announced in January that it would hear the case at a time when the number of unsheltered homeless people is increasing across the country.

The nation’s unsheltered homeless population has increased to more than 653,000 people in 2023, a 12% increase from 2022, according to the U.S. Department of Housing and Urban Development.

Erie’s police chief: ‘Being homeless is not a crime’

Erie Police Chief Dan Spizarny said his department has no plans to jail or fine homeless people “just because they are homeless and have no place to sleep,” even though there is an existing city ordinance banning overnight stays in city parks.

“Obviously we will look forward to the results of the Supreme Court’s decision,” Spizarny said. ‘But it is not our intention to punish people who have no place to live. If someone is not aggressively harassing other people, being homeless is not a crime.”

City police officers, including members of the agency’s Crisis Unit, are trying to focus on providing referrals for help dealing with the homeless.

“Erie has a tremendous amount of services available to help people, and our officers are very well connected to those services if people want help,” Spizarny said.

Contact Kevin Flowers at [email protected]. Follow him on X @ETNbloemen.

Related Posts