Johnson vs. Grants Pass questions the cruelty of arresting and ticketing Americans who are unhoused

Over 700 people rallied in front of the U.S. Supreme Court during oral arguments on Monday morning, April 22, 2024. Over 30 communities across the country held solidarity events, and nearly 5000 watched livestreams. The atmosphere was electric. (Read more about the Rally, Photo of Donald Whitehead speaking at the rally by Kevin Wolf, AP)

The case being considered by the court, City of Grants Pass v. Gloria Johnson, addresses the legality of using a blanket to keep warm when forced to sleep outdoors.

Regardless of the court’s decision, this case will not create any housing, nor directly address persistent poverty and homelessness. Rather, this case could set a precedent for municipalities to address homelessness and housing insecurity with ineffective and extreme punitive actions.

The case has sparked a national conversation about the intersection of housing policy, poverty, and civil liberties. Laws that prohibit things like sleeping, laying down or even eating in public spaces, are common, yet they reflect discriminatory practices that have led to deep inequities.

Grants Pass, Oregon, was itself a “Sundown Town” – communities that mostly sprang up during the mid-1800’s, where the movement of non-white residents was restricted after dark. Policies that continued through the 20th Century like Anti-Okie laws, Red-Lining and Jim Crow laws have all been collectively understood to be discriminatory and in violation of U.S. civil rights practices.

Yet as the Supreme Court prepares to hear this Johnson vs. Grants Pass, the situation for Americans forced to live outdoors in an increasingly unaffordable housing market sounds similar to how poor and nonwhite Americans have been treated in past centuries. A recently law in Tennessee has made sleeping outside a felony, and the Florida governor recently signed into law banning sleeping or “camping” in public spaces.

recent study, published in the Journal of the American Medical Association found that ticketing, jailing, and displacing people forced to sleep outdoors can actually lead to significantly higher mortality among folks who are unhoused. Moreover, fines and compounded tickets lead to criminal records for otherwise law-abiding citizens, creating further barriers to getting unhoused Americans back into a home.

“The Johnson vs. Grants Pass case is monumental,” states Donald H. Whitehead, Jr., Executive Director of the National Coalition for the Homeless. “It has the potential to instigate a barrage of draconian policies that cause significant harm to people experiencing homelessness in our country.”

The National Coalition for the Homeless, dedicated to organizing a movement led by those most affected to end homelessness, calls on our communities to invest in proven housing solutions. Hundreds are expected to rally in front of the U.S. Supreme Court building in support of Housing, Not Handcuffs.

A Call to Unity in Johnson v. Grants Pass

In the face of ongoing challenges, the resilience of our community—particularly those with lived experience of homelessness—continues to inspire and drive change. One such pivotal moment of change is upon us, as the Supreme Court prepares to hear a case that could significantly impact the rights of homeless individuals across the nation: Johnson v. Grants Pass.

This landmark case centers on the rights of homeless individuals in Grants Pass, Oregon, challenging ordinances that penalize life-sustaining activities in public spaces. At its heart, Johnson v. Grants Pass isn’t just about one town; it’s a reflection of the broader struggle for dignity, respect, and the right to exist in public spaces without fear of harassment or punishment.

The Issue at Hand

For too long, our brothers and sisters without homes have faced legal and societal barriers that criminalize their existence. Sleeping, eating, and performing other necessary life activities in public spaces—their last resort—are met with penalties rather than support. Johnson v. Grants Pass brings these injustices to the forefront, challenging us all to reconsider how we treat the most vulnerable among us.

Your Voice is Your Power

This case is a rallying cry for all who believe in justice and human rights. It’s a reminder that together, we can challenge the status quo and advocate for policies that uplift rather than oppress. Your voice is critical in this fight.

Call to Action

Your involvement signifies more than just your support; it embodies hope, unity, and the unwavering belief that change is possible. Let’s stand together for justice, for dignity, and for the rights of all individuals to live freely and without fear.

Here’s how you can stand in solidarity:

  1. Sign the Petition: Add your name to the growing list of individuals calling for an end to the criminalization of homelessness. Each signature sends a strong message to policymakers about the public’s demand for compassionate and humane treatment of all individuals, regardless of their housing status.
  2. Join us for the Housing Not Handcuffs Rally on April 22, 2024, at the Supreme Court: Mark your calendars and make your presence felt. This rally isn’t just about making noise; it’s about showing the strength of our community and the depth of our commitment to change.
  3. Join with communities across the country in holding coordinated actions on April 22nd! Click here to let us know about your local event, or to learn more about what might be happening in your community. Check out our Organizing Skill Share guide for action inspiration and guidance. 

We know that laws are passed and enforced locally. Your City Council, Mayor, and police are the ones implementing anti-homeless policies (such as sweeps) now. So, local actions are really important, in addition to actions in front of the U.S. Supreme Court.

A small group of people can have a BIG impact! Together, we can demonstrate the collective power of individuals united for a common cause.

The Journey Ahead

The path to justice is long and fraught with challenges, but it’s a journey worth taking. Johnson v. Grants Pass is more than a legal battle; it’s a moral one. It’s about affirming the right of every individual to live with dignity and without fear. As we stand on the brink of this historic moment, let’s come together to support those who have been marginalized and to show that humanity and compassion can prevail over indifference and injustice.

Together, We Can Make a Difference

To learn more about Johnson v. Grants Pass and stay informed on the latest developments, here are several avenues you can explore:

  • Official Johnson v Grants Pass Case site
  • NCH info on Criminalization
  • National Homelessness Law Center and the Housing Not Handcuffs Campaign
  • National Alliance to End Homelessness
  • Supreme Court’s Official Website: The United States Supreme Court’s official website offers access to court documents, including briefs, oral arguments, and opinions related to the case. This is a primary source for accurate and up-to-date information.
  • Congressional leaders have unveiled the FY24 THUD spending bill, earmarking significant funding for the Department of Housing and Urban Development (HUD) programs focused on affordable housing and homelessness. The bill allocates $70 billion to HUD, marking an $8.3 billion increase from the FY23 levels. This funding boost is seen as a major achievement for the National Low Income Housing Coalition (NLIHC)’s national HoUSed campaign, advocates nationwide, and congressional supporters such as Senators Brian Schatz and Cindy Hyde-Smith, along with Representatives Tom Cole and Mike Quigley.

Key Highlights of the FY24 Transportation, Housing and Urban Development (THUD) Spending Bill (excerpted from the National Low Income Housing Coalition – Full link https://nlihc.org/resource/despite-tight-topline-funding-advocates-and-key-congressional-champions-secure-increased)

Noteworthy Funding Details:

– The Housing Choice Voucher (HCV) program receives a substantial increase, funded at $32.4 billion, allowing for the renewal of all existing rental assistance contracts and expanding assistance to 3,000 additional households.

– Homeless Assistance Grants see a $418 million increase, totaling $4.05 billion.

– The Public Housing Capital and Operating Funds receive modest increases, with the Capital Fund at $3.41 billion and the Operating Fund at $5.5 billion.

– The Native American Housing Block Grant is boosted by $324 million, reaching $1.1 billion.

– Despite some programs facing cuts, such as the HOME Investment Partnerships Program and the Choice Neighborhoods, significant resources are allocated across various housing and homelessness initiatives.

 

Analysis of Specific Programs:

– Tenant-Based Rental Assistance is set at $32.4 billion, aiming to renew all existing contracts and expand support.

– Public Housing funding includes slight increases for capital and operating funds, with a total of $3.4 billion for the capital account.

– The bill also emphasizes homelessness programs, allocating $4.05 billion for Homeless Assistance Grants, indicating a focused effort to address the homelessness crisis.

Overall Impact:

The FY24 spending bill represents a significant step towards addressing affordable housing and homelessness challenges in the U.S. While it marks progress, NLIHC and its allies continue to advocate for sustained and comprehensive investment in housing assistance to meet the growing needs of Americans facing housing insecurity.

NLIHC Budget Chart FY2024

 

Written by: NCH Policy Lead, Michele Williams ; Edited by Kenia Mazariegos

Photo by Lara Jameson

Join our monthly Town Hall series, held virtually the 3rd Thursday of each month at 3pm EST/ 2pm Central/ 1pm Mountain/ Noon PST.

Come to learn, to share, to connect and speak up. Special guests to be announced.

https://nationalhomeless.zoom.us/j/95379584765

Join our monthly Town Hall series, held virtually the 3rd Thursday of each month at 3pm EST/ 2pm Central/ 1pm Mountain/ Noon PST.

Come to learn, to share, to connect and speak up. Special guests to be announced.

https://nationalhomeless.zoom.us/j/95379584765

What is Bring America Home NOW (BAHN)? Spearheaded by the National Coalition for the Homeless, Bring America Home NOW (BAHN)  is a Comprehensive Grassroots Campaign to End Homelessness in the United States. Led by people who have lived experiences with homelessness, BAHN focuses on the passage of federal legislation aimed at addressing the interconnected solutions to the decades-long epidemic of homelessness in the U.S.

What Is The Focus? BAHN has 6 major policy pillars that focus our movement’s fight to end homelessness. Each of these pillars have short term and long term policy focuses. As our movement progresses, BAHN will be updating and adding to our political focus areas as we push legislation on a national and local level.

Housing

Housing is a basic human right that should be available to all Americans. 

Health
Health and homelessness are inextricably linked: a safe, stable home is the prerequisite of health and well-being.  Adequate income is essential to maintain housing. To end homelessness, we must ensure livable wages and basic income for all Americans and link income to the local cost of housing.  

Livable Income

Adequate income is essential to maintain housing. To end homelessness, we must ensure livable wages and basic income for all Americans and link income to the local cost of housing.  

Education/Training 

Education and training play a critical role for many children, youth, and adults towards equipping them with the knowledge and skills needed for economic stability.

Civil Rights

Homelessness is a civil rights issue. People experiencing homelessness are too often victims of hate crimes. Homelessness disproportionately impacts people of color and LGBTQ people, who face more discrimination and barriers to jobs and housing than their counterparts. 

Racial Equity 

Homelessness is inextricably linked to systemic racism. Racial equity must be prioritized in our work to end and prevent homelessness.  


Our national partners are advocates from all around the country, sharing insight on state and citywide struggles that heavily influence our national political pillar focuses.  As a movement, we incorporate local struggles into the national discussion as a comprehensive grassroots movement to end homelessness.

Call To Collaborative Action:

We are reaching out to the public and partners to join us in our campaign to end homelessness through a comprehensive, multifaceted push for increased public awareness and successful legislation. We especially seek involvement from organizations led by people who have themselves experienced homelessness.   Sign On: https://p2a.co/v3r4bsh 

What Is the BAHN Campaign Doing To Advance The Mission and Vision of Ending Homelessness?

 

In addition to our six policy focus, the Bring America Home NOW Campaign is advancing its campaign goals by employing direct action and public mobilization strategies that are deep rooted in the civil rights movement. Civil disobedience (peaceful) and impactful. 

 

Bring America Home NOW:  2024-2025 Campaign Direct Actions Needing Your Involvement

Johnson V. Grants Pass (Supreme Court Of The United States Case) 

What?:  SCOTUS Case- Push the Supreme Court of the United States to uphold the right 

When?: Apr 22, 2024

Where?: Nationwide (with focus in DC at the Supreme Court)

Why?:  To push the Supreme Court of the United States to uphold the rights of people forced to live outdoors. “Communities are safer and stronger when everyone is housed.” Crimiali

Partners: National Homelessness Law Center and More 

Links: https://johnsonvgrantspass.com/ .


Take Off The Boards Campaign 

What?: Take Off The Boards 

When?: May 1, 2024(Michael Stoops Day of Action) tentatively 

Where?: Nationwide- At least 50 communities across the nation in blue and red states hold local actions. 

Why?: Get people housed by identifying and using existing vacant buildings. 

Partners: Homeless Union, Homeless Army/PPEHRC

Links: Take Over: The DocumentaryIn-Depth Action Planning Document


National Sleep-Out Campaign 

What?: National Sleep-Out

When?: Week of July 28, 2024

Where?: Nationwide- At least 50 communities across the nation in blue and red states will hold local actions (Mayor office, city hall, state parks…) 

Why?: Independence from unsheltered homelessness. We must  use all McKinney-Vento Funds for people experiencing homelessness now. Move PSH renewals to mainstream Section 8/voucher programs

Partners: BAHN Partners and NCH Members 

Links:https://www.bringamericahomenow.org/ 


National Homeless Army March On Conventions 

What?: March On RNC and DNC Conventions 

When?: RNC Rally July 15, 2024 and DNC Rally August 19, 2024

Where?: Milwaukee, WI and Chicago, IL

Why?: Rallies at Democratic and Republican National Conventions, March between Milwaukee and Chicago to put a spotlight on homelessness crisis in America. 

Partners: Poor People’s Army 

Links:https://www.poorpeoplesarmymarch.com/ 


Election Prep-Scorecard & Get Out The Vote 

What?: Ongoing actions related to 2024 Election

When?: September 2024, Week of September 23, 2024, November 5, 2024

Where?: Nationwide 

Why?: Ensure true representation of the community of people who are marginalized by poverty, race, or homelessness. Publish a scorecard on elected officials actions around ending homelessness. Hold registration events, assist  voters in casting their votes on or before election day. 

Partners: BAHN Partners and NCH Members

Links:https://www.bringamericahomenow.org/ 


National Homelessness Leadership Conference

What?: Leadership Conference 

When?: November 2024, Week between elections and Hunger & Homelessness Memorial Week

Where?: Northern CA, likely San Jose area

Why?: Opportunity to hear from people with lived experience and those experiencing homelessness.Bringing the movement together. We held a conference in DC and now we want to hold an event that will be more accessible to advocates nearer to the West coast.

Partners: Destination Home

Links:Destination Home’s Website


National Hunger & Homelessness Awareness Week 

What?: Fundraising Gatherings

When?: November 16-24, 2024

Where?: Nationwide

Why?: Inform community members,advocates and providers about BAHN and that BAHN provides a framework to prevent and end homelessness. 

Partners: BAHN Partners and NCH Members

Links:Hunger & Homelessness Week Website


National Homeless Persons’ Memorial Day 

What?: Annual Memorial event

When?: December 21, 2024

Where?: Nationwide (Virtually) 

Why?: To remember people who lost their lives because of homelessness and to put the spotlight on the urgent need to address the broken system that leads to homelessness and death. 

Partners: National Healthcare for the Homeless Council 

Links:NCH Memorial Day Webpage 2020 Video of Names


National March In DC

What?: Mass Demonstration to Bring America Home NOW 

When?: May 2025

Where?: Washington, DC 

Why?: Create impact within the first 100 days of the new administration and Congress by demanding an end to Homelessness. Ensure equity in housing resources for people with limited incomes as homeowners. 

Partners: Homeless Union, Poor People’s Army, BAHN Partners and NCH Members 

Links:https://www.bringamericahomenow.org/ 

Join us in the transformative movement of Bring America Home NOW!

This grassroots campaign is fueled by the belief that together, we can enact real change. By becoming a partner in this vital endeavor, you’ll be joining forces with a community dedicated to making a meaningful difference. Sign up today and stand with us in our mission to Bring America Home NOW. Together, we possess the power to create a brighter future for all. Sign On: https://p2a.co/v3r4bsh 

I am entering my third year in my second tenure as Executive Director of the National Coalition for the Homeless, and I have great optimism. 

My optimism is driven by the reality that the rest of the advocacy world and the federal agencies have finally caught up with NCH’s philosophy of involving people with lived experience at all levels. We have witnessed a transformation at all levels to an imperfect inclusiveness that holds great potential for a more efficient and effective service delivery system.

I am also profoundly moved by the advocacy in local communities to push back against a well-organized and well-funded group of lobbyists traveling the country spreading harmful misinformation using hedge fund dollars. The Cicero Institute is circulating model legislation to force people experiencing homelessness into jails and institutions. Study after study and voluminous research has disproved the theory that incarceration or forced institutionalization has any benefit for people experiencing homelessness. In fact, research on homelessness indicates that incarceration has multiple negative impacts.

Conversely, and as we experience a cold snap across the country, I am confronted with the harsh realities that people experiencing homelessness face daily. The headlines are nearly surreal. 

The headlines in my news feed tell of a serial killer targeting people forced to live outdoors due to unregulated housing increases in Los Angeles. I have visited Skid Row multiple times, leaving with sadness and urgency. 

In the same news feed, a community in Phoenix applauds the raiding of an encampment of 800 people. All 800 had been removed from the community’s safety to only God knows where. In my experience, only a handful are housed at the end of the day, and most are pushed to parts unknown.  

People should be able to live in safe, stable housing, not parks, cars, or abandoned buildings.  

For decades, we have waited for the market to fix our severe lack of affordable housing to no avail. We have begged, pleaded, and educated elected officials to exhaustion. Our mission to end homelessness can sometimes appear intractable.

But homelessness in the United States is not inevitable, or intractable, or hopeless. I fundamentally believe that for a full restoration of justice for marginalized people, we must demand it.  

I believe the time is right for Direct Action. The homeless advocacy movement has been silent since the creation of McKinney Vento. People experiencing homelessness have relinquished leadership to providers, many of whom have compassion and good intentions but are beholden to funders, like HUD. People with lived experience have been exploited, tokenized, and devoid of any genuine voice in their own lives. 

We must organize a force led by people with lived experience that demands housing justice, economic justice, and civil and racial justice.

We often hear nothing for us without us. This is a clever statement but hollow without a demand for this direction. We demand to be creators and not evaluators, and our expertise will be compensated.

This kind of organizing is not new. It has changed the course of history multiple times in multiple places worldwide, from American chattel Slavery to the abolishment of apartheid in South Africa. The intractable has been possible and then invisible.  

I hope in reading this; you are overwhelmed with the fierce urgency of now that not one more person must die in the isolation of the sea of despair called homelessness. I know that many have moved on, not willing to relive the trauma of homelessness. However, we need your voice, your story, your triumph. 

We need people to understand that your situation was not your destiny and that even though life dealt you a bad hand, you were satisfied. We need you to join the Bring America Home Now Campaign. We cannot afford to wait; people are dying everywhere in the richest countries in the world.

Authored by Donald Whitehead, Executive Director of NCH (National Coalition for the Homeless).

 

The National Coalition For The Homeless is releasing a vital informative report called Design Against Humanity, highlighting the many ways that Hostile Architecture is used to prevent full use of public space, especially by certain members of our communities. 

We have witnessed many examples of hostile architecture in the five cities visited so far on the Local Power Tour – Los Angeles, Sacramento, Seattle, Miami and Atlanta. Most all the cities placed boulders throughout underpasses or in front of city buildings, have benches with bars in the middle, and/or use eco blocks to prevent RVs from stopping and parking.  

Seattle had the most aggressive usage of some of these methods. There were eco blocks in industrial areas installed by the local businesses to ensure no RVs or cars could park near or in front of their businesses. There were fenced off areas surrounding underpasses and anywhere people could possibly stop and rest.  

Los Angeles uses loud music in their metro stations and, after a recent sweep in Hollywood, planters of various sizes were installed to avoid the return of long term residents, their tents and belongings.  

Miami has double fencing surrounding their underpasses to prevent people from seeking shelter from the extreme heat and rainstorms. Atlanta has employed similar tactics installing boulders under the highways as well.  

The use of these forms of hostile architecture often result in forcing the unhoused to go into hiding and relocate, often far away from any social services.  It all reads like a slow migration to push the unhoused farther and farther out of site and further from permanent housing. But many of these efforts also make public spaces unwelcome to people who have disabilities, families, and older persons. 

Many people are not aware of, or do not notice, hostile architecture. Once we understand the examples, we start to see just how much our cities have made public space unwelcoming. This report will help educate and aid our communities and elected officials in understanding the struggles of the people displaced around their cities, where the architecture is often designed to work against them.  

  • Written by Mary Cellini, who leads an NCH Field Office from her organization Housing is Human Right, a project of the Aids Health Foundation. 

Join our monthly Town Hall series, held virtually the 3rd Thursday of each month at 3pm EST/ 2pm Central/ 1pm Mountain/ Noon PST.

Come to learn, to share, to connect and speak up. Special guests to be announced.

https://nationalhomeless.zoom.us/j/95379584765

A gathering of people with previous experience with homelessness on November 12, 2022 to set a national agenda for ending housing instability in America.

Click to register.

Why Do We Need to Meet?

For 42 years, the National Coalition for the Homeless has worked to amplify the voices of those without housing on the national level. We have worked with leaders on the local level to bring their voices to Congress and to the attention of national media. We have regular interaction with advocates in the major cities in the United States and receive input from people living in urban and rural environments. NCH is governed by a majority of people with previous experience and we have a sizable number of our staff who were once homeless. We believe that it is critical for the groups to meet together to share common advocacy strategies, find out about the obstacles faced by other communities, and to work together on a common agenda.

In 2015, we held a gathering in Denver, Colorado of over 100 individuals who all represented constituents of people currently or formerly homeless. This gathering was the beginning of the strategic planning process, and an event in Washington would be the continuation of that movement. We had some best practices featured and a long day of workshops and the start of building community. A great deal has changed in the last seven years and it is time to complete the work of 2015.

History of Planning:

Because of Covid, we have not been able to meet in person for three years. While we can accomplish a great deal via Zoom, it does not afford the individuals the opportunity to express themselves. We also believe that breaking bread together at a soup kitchen, church basement or a hotel conference room is important for building interpersonal skills and trust among the groups.

In 2021 we held a follow up summit via Zoom in which 65 people attended virtually. We talked about community organizing strategies, we had various leaders talk about successful strategies from the past including demonstrations, using art to win the message, and lawsuits. We talked about how groups sustain themselves and how we can work together going forward. We distributed a community organizing manual that people could use in their local work to lift people up.

Goals for the 2022 Leadership Conference

These are the recommendations from the groups that attended the first organizing meeting.

  • Develop a national strategy of priorities that the grassroots can rally around
  • We want to have a specific focus on how we can stop the criminalization of homelessness.
  • Provide the tools for the local community to act with lessons from the past and strategies that have worked in other communities.
  • Meet with national leaders to listen to the issues that groups face on the local level.
  • Work with the local community to have those who are without housing are in the lead in a real way and not just figuratively.
  • Develop hotspots that with some national pressure might be willing to change policies to better serve those without housing.
  • Develop an action plan for the participants to go back to their communities which will result in real solutions to the affordable housing crisis.

Today kicks off the annual week of registration events specifically aimed at registering voters who are unstably housed.

See the You Don’t Need a Home to Vote Voting Rights Manual for more on registration, getting out the vote, and knowing your rights as a voter with unstable housing. There is also more information on this page.

For those who work for a service agency: YES! You can register your residents/clients to vote. You are not allowed to show preference in any way for a particular candidate or party, but registering voters is a non-partisan activity that supports our democracy. Any 501c3 non-profit is welcome to register their community members to vote!

For those who might be unhoused: YES! You do not Need a Home to Vote! See the manual, or this chart of state regulations, for specifics on how you can register and vote without a permanent residence.

Find out if you are registered, or research your polling place and current elections here.