WASHINGTON — Housing advocates are warning that the criminalization of homelessness has accelerated nationwide in the two years since the U.S. Supreme Court’s decision in Johnson v. Grants Pass, saying hundreds of cities and states have adopted new laws that punish people for sleeping outdoors even when no alternative shelter is available.
According to the Housing Not Handcuffs Campaign, the effects of the decision have been felt nationwide, with more than 350 cities and 14 states enacting laws that criminalize homelessness since the ruling was issued on June 28, 2024.
Advocates argue that these policies have led to increased arrests, citations and encampment removals, often affecting individuals who have nowhere else to go. They contend that criminal penalties fail to address the underlying causes of homelessness and instead push vulnerable individuals deeper into instability.
The campaign highlighted several examples of the impacts of these policies in communities across the country. In Grants Pass, Oregon, advocates say people experiencing homelessness have been forced into fenced encampments under threat of arrest and later removed from those sites for alleged rule violations.
In Louisville, Kentucky, advocates reported that a woman experiencing homelessness was cited and harassed by police while sleeping outdoors during active labor. In Miami Beach, Florida, nearly half of all arrests reportedly involved people accused of sleeping outside.
The campaign also pointed to the death of Cornelius Taylor in Atlanta, Georgia, who was killed during an encampment sweep after being crushed by a bulldozer. Advocates argue that the incident illustrates the potential dangers of aggressive encampment removal policies.
Supporters of the Housing Not Handcuffs Campaign say these incidents reflect the broader consequences of policies that prioritize enforcement measures over housing solutions. They contend that criminal penalties and displacement do not reduce homelessness and instead create additional barriers to stability and access to services.
Advocates are also expressing concern over recent actions by the Trump administration. According to the campaign, newly-released federal homelessness funding guidelines reference the Grants Pass decision and encourage communities to adopt stricter enforcement measures in exchange for certain federal funding opportunities.
The campaign alleges that these policies could incentivize local governments to increase the criminalization of homelessness rather than invest in housing and support services.
Housing advocates have continued organizing in opposition to these measures. During the Supreme Court proceedings in Johnson v. Grants Pass, hundreds of advocates gathered outside the court to protest the potential consequences of the ruling. Organizations also submitted numerous amicus briefs arguing against the criminalization of homelessness.
Since the decision, advocacy groups say they have continued to challenge local and state policies that impose criminal penalties on people experiencing homelessness. They argue that long-term solutions should focus on expanding access to affordable housing, mental health services and supportive programs rather than relying on arrests and citations.
The issue comes at a time when many communities across the United States continue to experience housing shortages and rising homelessness rates. Policymakers and advocacy organizations remain divided over how local governments should respond to encampments and unsheltered homelessness.
Supporters of enforcement measures have argued that cities need tools to address public health and safety concerns associated with encampments. Critics, however, maintain that criminal penalties do little to resolve homelessness when adequate shelter and housing options are unavailable.
The Housing Not Handcuffs Campaign stated that it will continue advocating for policies centered on housing and support services rather than punitive approaches. Organizers say their goal is to build a system in which all individuals have access to the housing and resources needed to live safely and with dignity.
The continuing debate highlights broader questions about the relationship between homelessness, public policy and the role of the criminal justice system in addressing social and economic challenges.
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