'Don’t turn us into criminals:' Unhoused people, advocates rally outside federal Seattle courthouse

On Monday, Supreme Court Justices weighed in on whether cities have the authority to fine or arrest individuals for sleeping in public spaces, marking a pivotal moment in the ongoing discourse surrounding homelessness.

The debate was sparked in Grants Pass, Oregon, where individuals camping in public areas face potential fines amounting to $295. 

In response to what has been labeled as "cruel and unusual punishment," numerous homelessness advocacy organizations rallied outside the Nakamura Federal Courthouse in downtown Seattle to voice their opposition.

"Housing is a human right," declared one advocate amidst the rally. Another advocate emphasized, "Homelessness is not a choice; poverty is not a choice."

Chanel Horner, an unhoused Seattle resident, expressed her disappointment saying, "There is no humanity in this. They're basically trying to turn us into criminals." 

Horner, who has experienced homelessness intermittently since 2012, highlighted the struggle of finding a space where unhoused individuals can simply exist without facing scrutiny or displacement. She lives in her car, currently hopping from one parking spot to the next in Georgetown trying to avoid being towed.

"It's exhausting, it's tiring. There's no where else to park. They’ve blocked out and turned into no parking or four-hour parking zones." Horner said. "It's really hard to find anywhere to be." 

This challenge has come to the forefront following the legal dispute initiated by Grants Pass, Oregon, which contested a lower court's ruling, deeming it "cruel and unusual punishment" to penalize unhoused individuals for sleeping in parks or on sidewalks.

Amy Hagopian, a public health professor, emphasized the imperative to cease homeless sweeps, saying, "We didn't displace those people; we just removed any hope of shelter." 

She recently visited Pioneer Square the morning after a sweep with her grandson, saying, "the tents were gone, but the men were sleeping in pieces of cardboard on the ground." 

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Some state courts have ruled that it’s unconstitutional to fine and arrest people sleeping in homeless camps if there’s a lack of space at shelters.

Hagopian, who moved to Seattle in the 1970s, says homelessness became a visible problem in the 1980s.

"I view homelessness as a manifestation of our failed economic system," Hagopian said. "People can't afford the rent and people get evicted. People have circumstances they can't recover from, because we have an economic system that has no protections."

Unsheltered homelessness increased by 21%, from 2022 to 2023 – that's not including King County, which did not conduct a count – according to the Washington State Department of Commerce. 

 Zander and Alexandra lost their home in November 2022. When they first heard of the law in Grants Pass they were "scared" and "shattered". They fear of the potential repercussions of similar laws being adopted by other cities.

"We didn't choose this," Zander said. "Homelessness is not a choice."

Seattle City Attorney Ann Davison, who joined several other cities in supporting Grants Pass, stressed the necessity for local autonomy in addressing homelessness crises, advocating for tailored solutions rather than a uniform legal approach.

On Monday, Davison said, in part: 

"The questions raised during today’s arguments reflect the complexities inherent in the issue. The broad ruling by the Ninth Circuit in this case does not provide any space for cities and towns to consider, and then address, the unique local circumstances and challenges inherent to homelessness. This, then, leads to policy paralysis, which doesn’t benefit anyone. As I have stated before, it should be among our top moral priorities to help the unhoused move into permanent housing. A one-size-fits-all legal approach will not create effective solutions for every community."

As deliberations continue, the Supreme Court's decision is expected by the end of June.

"We're all people and we deserve a place to be and if there's no options for us, then don't just criminalize us for it," Horner said. "Don’t turn us into criminals when we're not. We need affordable housing for everyone." 

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