The Cruelty and Futility of Criminalizing Homelessness

Two years since the Supreme Court greenlit crackdowns on homelessness, it’s clearer than ever: “The solution isn’t a cell. It’s a front door.”

Representational image -- Tony Webster from Minneapolis, Minnesota, United States, CC BY-SA 2.0, via Wikimedia Commons

By Farrah Hassen

Two years ago this summer, the Supreme Court paved the way for more states and cities to fine or jail people for the “crime” of not having a roof over their head.

In their June 28, 2024 Grants Pass v. Johnson decision, the court ruled that an Oregon city’s ordinance barring people from sleeping in public, even when shelter is unavailable, was not “cruel and unusual punishment.”

Since then, more than 300 cities have passed bills criminalizing unhoused people. Statehouses have also followed suit. In April, Indiana’s governor signed a statewide prohibition on sleeping in public spaces punishable by up to $500 in fines and 60 days in jail.

Louisiana, which has the nation’s highest rates of both incarceration and poverty, is the latest to embrace this cruel and counterproductive approach. The state’s recent “Streets to Success Act” criminalizes sleeping in public spaces with fines up to $500 and six months of imprisonment.

The legislation also creates a “Homelessness Court” which will divert some people to a year-long mandatory treatment program to avoid jail time — but they would still be required to plead guilty and pay for treatment. The court can mandate unpaid labor for those unable to pay, and failure to complete the program could still result in a jail sentence.

Far from reducing homelessness, a criminal record makes it more difficult for people to find employment, remain financially secure, and get into stable housing.

The Grants Pass decision has normalized the dehumanization of people living unhoused. Over the past two years, localities have ramped up the forced clearing of encampments, where many people live when they have no other choice. Alongside other harms, these “sweeps” have resulted in authorities unlawfully seizing and destroying unhoused people’s survival gear and personal items.

Last July, President Trump issued an executive order urging cities and states to forcibly institutionalize unhoused people to “restore public order.” The administration is shifting significant funds away from long-term housing to short-term transitional housing with treatment mandates.

Forced treatment is constitutionally questionable to say the least. Short-term aid centered on treatment is also less effective at reducing homelessness than the bipartisan Housing First approach, which provides permanent housing without preconditions, along with voluntary supportive services to help people improve their well-being.

Penalizing people fails to address the root of homelessness: the lack of affordable, permanent, and adequate housing. “I’m working, but I can’t afford to stay in the house,” Christopher Brumfield told Capital B in New Orleans. He’s been living unhoused “on and off” since 2020.

Since Grants Pass, the cost of living has only gone up. Half of all renters pay more than what they can afford. Rising health care and housing costs leave more people one emergency away from falling into homelessness.

Meanwhile, Trump’s “Big Beautiful Bill” has slashed funding for social safety net programs like SNAP and Medicaid in favor of tax breaks for billionaires. His proposed cuts to affordable housing and homelessness programs threaten housing support for families, veterans, people with disabilities, and seniors. Even the modest progress made during the Biden administration to reduce homelessness is at risk.

Homelessness is a policy choice, not a personal failing. We can overcome it if our government finally treats housing as a fundamental human right for all people, instead of a commodity controlled by billionaire investors and corporate landlords.

Permanently affordable housing under public control, known as social housing, has achieved positive results in Vienna, Austria. U.S. cities would stand to benefit from this human rights-centered housing solution combined with stronger tenant protections and community-based health services.

Housing for all requires sustained investment, but it’s the foundation for creating safe and healthy communities. Plus, it costs less to house people and fund the services they need than to jail them. As Shana, a dental hygienist from Louisiana who once lived unhoused, put it, “The solution isn’t a cell. It’s a front door.”

OtherWords columnist Farrah Hassen, J.D., is a writer, policy analyst, and educator. This op-ed was distributed by OtherWords.org