CounterPunch Exclusives

CounterPunch Exclusives

The Cruelty and Futility of Criminalizing the Homeless

Sign at homeless camp, Grants Pass, Oregon. Photo: Jeffrey St. Clair.

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 programto avoid jail time — but........

© CounterPunch