SACRAMENTO, June 12, 2025
Criminalizing Crisis
A Supreme Court decision last year gave cities the green light to punish people for sleeping outside, even when no shelter is available, but that’s just one piece of a much larger problem.
- The Supreme Court ruled in *Grants Pass v. Johnson* that cities can criminalize sleeping outdoors if there’s no shelter available.
- Housing unaffordability,not addiction or mental illness,is the primary driver of homelessness.
- “Housing first” strategies,coupled with supportive services,have proven effective in reducing homelessness.
In 1999, then-New York City Mayor Rudy Giuliani declared that streets weren’t for sleeping. Today, more than a quarter-century later, a similar mindset seems to be driving policies addressing homelessness, according to Farrah Hassen, a writer, policy analyst, and adjunct professor at Cal Poly Pomona. On a June 12, 2025, episode, Hassen discussed the criminalization of homelessness.
Giuliani’s statement, along with his actions, highlighted a lack of understanding. Hassen argues that similar perspectives still influence policies aimed at addressing homelessness.
What exactly did the Supreme Court rule in *Grants Pass v. Johnson*?
A year ago, on june 28, the Supreme Court ruled that local governments can criminalize people for sleeping outside, even if there is no available shelter. This decision overturned a 2018 precedent that had protected unhoused individuals from being penalized for sleeping or resting on public property when shelter wasn’t available. The case originated in Grants Pass, where the number of unhoused people easily exceeded shelter availability. A resident, Debra Blake, was forced to live outside for eight years after losing her job and housing. The city’s ordinances, which criminalized camping, resulted in fines and potential prosecution. The city council’s goal was to make it so uncomfortable that the unhoused would move away.
Reader question: What are the ethical implications of criminalizing homelessness when there are insufficient shelter options available? Share your thoughts in the comments.
blake sued Grants Pass,but the Supreme Court sided with the city. Manny jurisdictions, including California, have used this decision to crack down on unhoused individuals. Hassen points out that a person working full-time at minimum wage cannot afford housing in most of the United States.
hassen notes that homelessness has increased as social safety nets have diminished, so it’s no surprise that there are more people experiencing homelessness.
Instead of providing housing and social services, there has been a trend toward criminalization, with Giuliani hoping his actions would make the homeless disappear. Criminalizing homelessness does not address the root causes. Hassen notes that punitive measures, such as fines and arrests, do not solve the problem, but housing does.
Did you know? Criminalizing homelessness can create a cycle of debt and incarceration, making it even harder for individuals to secure housing and employment.
The Housing-First Approach
Hassen advocates for a “housing first” approach, which prioritizes providing permanent housing as quickly as possible. This is a contrast to approaches that require treatment first. Housing first is supported by evidence and has had bipartisan backing.
A common misconception is that addiction and mental illness primarily cause homelessness. Hassen references a June 2023 study by the University of California San Francisco which found that poverty and high housing costs are the main drivers. Housing unaffordability is the primary cause of homelessness. Housing first has proven effective, as demonstrated in Houston, Texas, where homelessness was reduced by nearly two-thirds over a decade. Housing support, paired with voluntary services, helps lift people up.
Hassen emphasizes that housing is a fundamental human right and that homelessness itself violates that right. She argues that homelessness shoudl be viewed as a government failure, not a personal failing. Media plays a crucial role in shifting the narrative surrounding housing, emphasizing the need for a change in approach and to remember that people shouldn’t be punished for existing.
