this post was submitted on 07 Apr 2024
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Johnson v. Grants Pass disagrees. 2018 SCOTUS upheld your right to be homeless.
They didn’t mandate that the state or county cannot charge and prosecute homelessness. You can appeal if you can afford to, but you can’t, because you’re homeless.
They outlawed charges or even tickets. The only reason these unconstitutional laws are on the books is that they haven't been challenged.
I can't challenge them because I own a home in California, so I'm not harmed by these laws. The ACLU would be perfectly happy to take these cases without a fee, that's what they're there for.
I’ve been reading up on this since I read your reply. You’re right that they can no longer charge one with homelessness. However, it seems the workaround is to target the homeless with panhandling, loitering, or trespassing charges. I also just learned that in many cities it’s illegal to give food, water, clothing, or money to a homeless person. So it’s better, but not by much.
They've tried that (panhandling, encroachment, etc. tickets) three times so far in San Diego, every time it gets challenged and struck down by the state supreme court. This has only happened because homeowners like myself have been doing homelessness outreach, and the lawyers work for free