When people think about the Eighth Amendment, that is if they ever think about the Eighth Amendment at all, will they generally think of that cruel and unusual punishment clause. Now, that is the provision that bans the government from punishing people in a way that could be deemed to be cruel and unusual. What punishment actually meets that measure is something for the courts to decide. After all, they’re the ones that interpret the law. And this week, our highest court heard oral arguments on deciding whether it’s cruel and unusual to enforce laws punishing unhoused people for camping on public property when there are no shelters that are available, even though the right has a stronghold on the majority of our supreme court right now, the left may indeed take a win on this one. Because if people experiencing homelessness have no constitutional right to housing in this country, they should have a constitutional right to camp on public property when they’re given no other option. Let me be clear, homelessness is a choice, not a choice of the individual on housed person that is but a choice of us policymakers. The United States is among the richest nations in the world. Particularly it’s number three in terms of wealthiest country on a per capita basis. It also boasts more than 15 million vacant homes. That means approximately 10% of the homes in our nation are totally empty inventory. People aren’t living there, all the while 600,000 People live without permanent shelter. Some 30% of those people are unhoused families with children. 6% are veterans. 5% are unaccompanied youth. That’s children alone, and the number of individuals experiencing homelessness is steadily on the rise, and it has been increasing since 2017. People simply cannot afford housing. In California, for example, over the past 20 years, the average rent has increased 35% How much has the average renters income gone up? 6% all said right has increased more than 116% in US dollars for the average renter. We need not even talk about homeownership for that matter. It’s not even an option as a largest demographic in the workplace, that is Millennials like me, are priced out of the real estate market entirely. How are Americans to keep a roof over their heads when their wages remain stagnant? Yet housing prices go up? Where will the people go when they can’t make rent, we’re being forced onto the streets to punish us for that is cruel and unusual. And that’s what the Supreme Court will likely decide in the face of several states effectively criminalizing homelessness without providing adequate housing alternatives. And the cruelty it abounds. Just last month, Ron DeSantis signed a bill banning homelessness in terms of camping and public spaces. The Florida Governor believes somehow that this anti camping penalty will help ensure that individuals have the resources they need to get back on their feet. Come on make it make sense here. If lawmakers and leaders want to keep people from living on the streets, they must step up provide adequate housing ensure opportunities are available to thrive. Guaranteeing basic fundamental rights that include housing isn’t far fetched. France, Scotland, South Africa and many other nations have adopted a right to housing in their constitutions or their law books, improving the housing conditions of their people. There’s no reason the same approach cannot be taken right here in the United States. If our lawmakers and leaders won’t do it for us, I think the Supreme Court may find a way. Until then, it is so incredibly cruel. And disgustingly unusual to punish people who are forced to live on the streets because our lawmakers and leaders aren’t providing alternative housing options.
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Adrienne Lawrence
Legal analyst, law professor & award-winning author
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Supreme Court must end criminalization of homelessness
Apr 24
By Straight Arrow News
On April 22, the U.S. Supreme Court addressed the nation’s homelessness crisis, considering whether an Oregon city had the right to ban homeless people from camping in public spaces. A majority of justices appeared inclined to support the city’s efforts to regulate homeless encampments on public grounds. This decision carries significant implications for the growing number of individuals residing in tents and cars, as well as the municipalities tasked with managing the issue.
Straight Arrow News contributor Adrienne Lawrence asserts that the Supreme Court should not permit cities and states to penalize the unhoused for sleeping on public property. Lawrence argues that unhoused individuals have a constitutional right to camp on public grounds when alternatives are lacking.
Come on, make it make sense here. If lawmakers and leaders want to keep people from living on the streets, they must step up, provide adequate housing, ensure opportunities are available to thrive. Guaranteeing basic fundamental rights that include housing isn’t far-fetched. France, Scotland, South Africa and many other nations have adopted a right to housing in their constitutions or their law books, improving the housing conditions of their people.
There’s no reason the same approach cannot be taken right here in the United States. If our lawmakers and leaders won’t do it for us, I think the Supreme Court may find a way. Until then, it is so incredibly cruel and disgustingly unusual to punish people who are forced to live on the streets because our lawmakers and leaders aren’t providing alternative housing options.
When people think about the Eighth Amendment, that is if they ever think about the Eighth Amendment at all, will they generally think of that cruel and unusual punishment clause. Now, that is the provision that bans the government from punishing people in a way that could be deemed to be cruel and unusual. What punishment actually meets that measure is something for the courts to decide. After all, they’re the ones that interpret the law. And this week, our highest court heard oral arguments on deciding whether it’s cruel and unusual to enforce laws punishing unhoused people for camping on public property when there are no shelters that are available, even though the right has a stronghold on the majority of our supreme court right now, the left may indeed take a win on this one. Because if people experiencing homelessness have no constitutional right to housing in this country, they should have a constitutional right to camp on public property when they’re given no other option. Let me be clear, homelessness is a choice, not a choice of the individual on housed person that is but a choice of us policymakers. The United States is among the richest nations in the world. Particularly it’s number three in terms of wealthiest country on a per capita basis. It also boasts more than 15 million vacant homes. That means approximately 10% of the homes in our nation are totally empty inventory. People aren’t living there, all the while 600,000 People live without permanent shelter. Some 30% of those people are unhoused families with children. 6% are veterans. 5% are unaccompanied youth. That’s children alone, and the number of individuals experiencing homelessness is steadily on the rise, and it has been increasing since 2017. People simply cannot afford housing. In California, for example, over the past 20 years, the average rent has increased 35% How much has the average renters income gone up? 6% all said right has increased more than 116% in US dollars for the average renter. We need not even talk about homeownership for that matter. It’s not even an option as a largest demographic in the workplace, that is Millennials like me, are priced out of the real estate market entirely. How are Americans to keep a roof over their heads when their wages remain stagnant? Yet housing prices go up? Where will the people go when they can’t make rent, we’re being forced onto the streets to punish us for that is cruel and unusual. And that’s what the Supreme Court will likely decide in the face of several states effectively criminalizing homelessness without providing adequate housing alternatives. And the cruelty it abounds. Just last month, Ron DeSantis signed a bill banning homelessness in terms of camping and public spaces. The Florida Governor believes somehow that this anti camping penalty will help ensure that individuals have the resources they need to get back on their feet. Come on make it make sense here. If lawmakers and leaders want to keep people from living on the streets, they must step up provide adequate housing ensure opportunities are available to thrive. Guaranteeing basic fundamental rights that include housing isn’t far fetched. France, Scotland, South Africa and many other nations have adopted a right to housing in their constitutions or their law books, improving the housing conditions of their people. There’s no reason the same approach cannot be taken right here in the United States. If our lawmakers and leaders won’t do it for us, I think the Supreme Court may find a way. Until then, it is so incredibly cruel. And disgustingly unusual to punish people who are forced to live on the streets because our lawmakers and leaders aren’t providing alternative housing options.
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On April 22, the U.S. Supreme Court addressed the nation’s homelessness crisis, considering whether an Oregon city had the right to ban homeless people from camping in public spaces. A majority of justices appeared inclined to support the city’s efforts to regulate homeless encampments on public grounds. This decision carries significant implications for the growing…
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