WASHINGTON, USA — A high-stakes ruling on homelessness could come down from the United States Supreme Court as soon as Thursday.
The decision on Johnson v. Grants Pass would decide whether to criminalize public homelessness.
Cities could punish people for sleeping outside in public, even when no shelter space is available if the decision is overturned.
The consequences could result in fines or jail time.
“This is the most consequential decision relating to homelessness in my lifetime,” professor and director of the Homeless Rights Advocacy Project at Seattle University School of Law, Sara Rankin, said.
The small city of Grants Pass, Oregon could shape how cities in Washington and beyond handle homelessness.
“It could result in a mass migration of unhoused people from locations where their existence is prohibited to other locations around the 9th circuit [nine western states including Washington] where it’s not,” Rankin said.
The Seattle Mayor’s office said the court’s decision doesn’t change how the city will address public homelessness.
“Our approach leads with offering shelter and services as part of the encampment resolution process, ensuring people come indoors at the same time as we keep spaces clean and accessible for everyone. The City established standards in 2017, prior to the Martin v. Boise decision, putting us ahead of the curve in establishing transparent policies and practices for encampment resolutions,” Mayor Bruce Harrell’s press secretary Callie Craighead said.
Some government leaders like Seattle City Attorney Ann Davison supported the Supreme Court hearing the case. In an amicus brief, Davison argued court decisions have paralyzed communities’ ability to address homelessness.
This year, the city of Burien has added restrictions to its camping ordinance. That included creating buffer zones to stop people from sleeping within 500 feet of schools, libraries and childcare centers.
These restrictions are not being enforced because the King County Sheriff’s Office is waiting for a federal judge to decide its legality.
“State constitutions can be more protective and are often more protective of people’s rights,” Rankin said.
The law professor said it is those provisions in the law that could prevent how far a city could take a camping ban.
A spokesperson for the city of Burien declined to comment on how the SCOTUS decision would impact the city’s approach to encampments.
If the highest court in the land overturned the decision, Rankin said it could lead to more policing approaches and reduce investments in homeless services.
“It will make people less likely to emerge from homelessness,” Rankin said.
The Washington State Department of Corrections estimates that it costs $92 per person per night for incarceration. The Downtown Emergency Service Center found that it costs about $30 a night for shelter or supportive housing.
The Supreme Court is nearing the end of its term and will release additional rulings on Thursday and Friday.
