The Arc joined law enforcement, faith-based organizations, medical experts, legal experts, academic leaders, advocates and members of Congress in filing an amicus brief calling for an end to the criminalization of homelessness.
WASHINGTON, DC — In a historic move to protect the rights of people with disabilities experiencing homelessness, The Arc of the United States has joined a powerful coalition of advocacy groups to file an amicus brief in Johnson v. Grants Pass, a case soon to be heard by the U.S. Supreme Court. The case could bring an end to the cruel and unconstitutional criminalization of homelessness nationwide, a crisis that disproportionately impacts the disability community.
Johnson v. Grants Pass is the most significant case on homelessness in the last 40 years. The case addresses the important question of whether laws that punish homeless individuals for sleeping outdoors with basic protective equipment, such as pillows and blankets, in the absence of safe and accessible shelter violate the Eighth Amendment to the U.S. Constitution, which protects against excessive bail, fines, and cruel and unusual punishment.
As the amicus brief points out, homeless people in Grants Pass do not choose to be homeless. In a city without public shelters, they have no choice but to sleep in parks or on the streets. This ordinance does not discourage homeless people with disabilities from sleeping in public places because they have no other options. This ordinance does not rehabilitate homeless people’s involuntary behavior and makes them even less likely to obtain adequate housing.
People with disabilities face formidable barriers to accessing accessible, affordable housing. Less than 5% of housing can accommodate moderate mobility needs, and less than 1% can accommodate wheelchair users. Pervasive discrimination compounds this issue. Housing costs are also prohibitive for many people with disabilities who rely on public assistance for basic living expenses. The average cost of a one-bedroom apartment in the United States exceeds the maximum amount of Supplemental Security Income an individual can receive each month. Limited income and a lack of affordable options put people with disabilities at increased risk of homelessness and institutionalization.
“Criminalizing homelessness exacerbates systemic injustices that affect people with intellectual and developmental disabilities,” said Shira Wakszlag, senior director of legal advocacy and legal counsel at The Arc. “People with intellectual and developmental disabilities (IDD) face a severe shortage of safe, affordable, accessible and integrated housing and experience significant housing-related discrimination. People with IDD are also among the nation’s poorest citizens due to inadequate benefits and services, putting many at risk of unnecessary institutionalization and homelessness. Punishing homeless people because they have no choice but to sleep outside is a moral failing that perpetuates discrimination, poverty, and segregation. It also does nothing to provide the supports and services homeless people with disabilities need to end the cycle of poverty.”
The Arc has joined more than 20 disability rights organizations and scholars in amicus briefs calling for justice for the rights of homeless people across the U.S. It has also been joined by the National Homeless Law Center (NHLC) and hundreds of broad-based organizations and public leaders who have filed a total of 39 amicus briefs on behalf of plaintiffs.
“This lawsuit forces us to face the reality that using tools like prisons and fines doesn’t solve our homelessness problem, it makes it worse,” said Jesse Rabinowitz, NHLC’s director of campaigns and communications. “Punishing our neighbors who have no choice but to sleep outside pushes them further into poverty and makes it harder for them to secure work and housing. The overwhelming support from diverse groups seen in this amicus brief underscores the need for elected officials at all levels of government to work to solve homelessness with housing and supports, not worsen it with prisons and bulldozers.”
Today, more than 600,000 people are homeless on any given night in the United States, with roughly half of those, or 250,000, sleeping outdoors. Data from the U.S. Department of Housing and Urban Development shows that homelessness, both sheltered and unsheltered, is on the rise in nearly every state. According to research from the Joint Center for Housing Studies at Harvard University, the record levels of homelessness we are seeing today are primarily due to an overpriced housing market.
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About The Arc in the US: The Arc advocates for and supports people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, fetal alcohol syndrome, cerebral palsy, and other diagnoses. Founded in 1950 by parents who believed their children with IDD deserved better, The Arc is now a network of nearly 600 chapters across the country, promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in their communities throughout their lives. For decades, The Arc has been at the forefront of advancing disability rights and advocacy. There are more than 7 million people in the US with IDD, which includes more than 100 different diagnoses. For more information, visit thearc.org or follow @TheArcUS. Editor’s Note: The Arc is not an acronym. Always call us The Arc. Never call us The ARC or ARC. Think of The Arc as a title or phrase.
About the National Homeless Law Center: The National Homeless Law Center (NHLC) is on the front lines of the fight against homelessness in America. Our mission is to boldly advance federal, state and local policies to prevent and end homelessness while staunchly advocating for the rights of all homeless people. We work to shape and advance policies at the federal, state and local levels with the goal of preventing and ultimately ending homelessness. By fostering partnerships, influencing policy and mobilizing communities, NHLC is transforming the way society addresses homelessness and working toward a future where everyone has a place to call home. Learn more at homelesslaw.org.