The U.S. Supreme Court’s ruling on an Oregon city’s ordinance that criminalizes sleeping in public spaces raises concerns that Florida’s law prohibiting sleeping or camping in public places will lead to the criminalization of homelessness in the state.The U.S. Supreme Court’s ruling on an Oregon city’s ordinance that criminalizes sleeping in public spaces raises concerns that Florida’s law prohibiting sleeping or camping in public places will lead to the criminalization of homelessness in the state. Governor Ron DeSantis and Florida lawmakers recently passed HB 1365, which prohibits cities and counties from allowing people to sleep or camp in public places as of October 1st. While the law does not include criminal penalties for violating it, it also does not provide guidance on alternatives for homeless individuals. This leaves counties with the option to fine, arrest, or jail homeless people in order to comply with the law. Critics argue that the decision will lead to more homelessness and is a false solution to the problem. They point out that the Florida legislation does not allocate sufficient funding to assist counties in addressing homelessness and that it cuts funding for existing homeless programs. The ruling has already prompted police action in Pinellas County, where officers have initiated a multi-agency initiative to track homeless individuals and “educate” them about the new law. Homelessness is a complex issue attributed to a lack of affordable housing, and communities in Florida have implemented various approaches to address it, including some that have been criticized as inhumane. The Supreme Court’s ruling is likely to have a significant impact on how Florida and other states deal with homelessness in the coming years.
TALLAHASSEE — The U.S. Supreme Court on Friday upheld an Oregon city’s ordinance that criminalizes people for sleeping in public spaces, raising concerns that it could pave the way for Florida to jail homeless people under a law that takes effect this year.
Grants Pass, Oregon, has passed an ordinance that would fine or jail people who camp on public land or stay overnight in their cars in parks. In a 6-3 ruling, justices ruled that these penalties do not amount to “cruel and unusual” punishments under the Eighth Amendment regardless of whether a city has enough beds for the homeless.
The ruling was one of the court’s most significant decisions on homelessness in decades and could upend how states and communities deal with a growing crisis caused by a lack of affordable housing.
Governor Ron DeSantis and Florida lawmakers adopted their own solution to homelessness this year. HB 1365 prohibits Cities and counties will no longer allow people to sleep or camp in public places starting October 1.
While the law does not include criminal penalties for homeless people, it also does not tell counties what to do with homeless people. who are in violation. Under the law, counties do say they can set up homeless camps — away from neighborhoods and businesses — with approval from the Department of Children and Families.
Most communities should provide safety, sanitation, and behavioral health services to those living in the camps.
The court’s decision means counties can fine, arrest and jail homeless people to comply with the law, said Jesse Rabinowitz, communications and campaigns director at the National Homelessness Law Center, which advocates for ending homelessness.
“The decision paves the way for Florida to inflict even more harm on its homeless residents,” Rabinowitz said.
State Rep. Anna Eskamani, D-Orlando, agreed.
“The U.S. Supreme Court has essentially ruled that it is okay to punish poor people for being poor,” Eskamani wrote on X.
The US Supreme Court has basically ruled that it is okay to punish poor people because they are poor. https://t.co/wDrvyVcIXN
— Rep. Anna V. Eskamani, PhD
(@AnnaForFlorida) June 28, 2024
The person who introduced the bill in the House of Representatives, Rep. Sam Garrison (Republican from Fleming Island), said he does not believe the decision will lead to the criminalization of the homeless.
“We will continue to work with all 67 counties in our state to support innovative solutions that simultaneously protect public spaces and respect the dignity of every person,” he said in a text message.
The law has already prompted police action. For more than two months the The Pinellas County Sheriff’s Office has launched a multi-agency initiative to track where people are sleeping outdoors and how many people are at each location.
Officers and social workers use the list to homeless people to educate them and provide them with legal options, a spokesperson said.
Homelessness has become a national problem attributed to a lack of affordable housing. Communities in Florida have different approaches to address this, including blowing up public parks with annoying music and banning panhandling.
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Last year, Miami Beach began arresting homeless people who refuse to go to a shelter. Those efforts have been stepped up this year amid growing pressure from elected officials to reduce the city’s unsheltered homeless population, the Miami Herald reported.
The legislation DeSantis passed this year was backed by the Texas-based Cicero Institute, a think tank founded by Austin, Texas-based venture capitalist Joe Lonsdale, who supported DeSantis’ failed presidential campaign.
Critics of the Florida legislation noted that it did not contain much money to help counties with the problem. Lawmakers allocated another $10 million to the effort, but DeSantis also vetoed $4.2 million in various homeless programs across the state from the upcoming budget.
Ed Johnson, the lead attorney in the Oregon case, said arresting people leads to more homelessness. He urged local authorities not to start arresting people after Friday’s decision.
“Telling people that the police will get you out of this crisis is a false solution,” Johnson said. “It gives elected officials something to tell impatient voters, but I don’t think anyone really believes it will work.”
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