The Disability Rights Education and Defense Fund Joins Law Enforcement Associations, Faith-Based Organizations, Medical Professionals, Legal Experts, Academic Leaders, Advocates, and Members of Congress to Urge an End to the Criminalization of Homelessness
FOR IMMEDIATE RELEASE
April 3, 2024
Contacts:
Tina Pinedo, DREDF Communications Director, media@dredf.org
BERKELEY, CA — The Disability Rights Education and Defense Fund (DREDF) proudly announced today that it has submitted an amicus brief in support of the plaintiffs in the upcoming landmark U.S. Supreme Court case Johnson v Grants Pass. Twenty-three disability rights organizations and scholars signed on to the amicus brief, which was written with the help of pro bono partners from the international law firm O’Melveny & Myers.
Johnson v. Grants Pass is the most important case regarding homelessness in the past 40 years. It will address the critical issue of whether laws punishing homeless individuals for sleeping outdoors with basic protections such as a pillow or blanket – when no safe and accessible shelter options are available – are violations of the Eighth Amendment of the U.S. Constitution, which protects against excessive bail, fines, and cruel and unusual punishment.
DREDF joins the National Homelessness Law Center (NHLC) and a broad array of hundreds of organizations and public leaders who have submitted 39 amicus briefs in solidarity with the rights of homeless individuals across the U.S.
“We’ve long been aware of the disparity in poverty and homelessness between people with and without disabilities, the grossly disproportionate impact municipal prohibitions on sleeping in public spaces have on people with disabilities, and the significant harm criminalization based on housing status causes people with disabilities,” said Michelle Uzeta, Deputy Legal Director for DREDF. “In our experience, and the experience of the many allies who joined our brief, the provision of housing and support services—as opposed to carceral tactics—is most successful in reducing homelessness and is a viable alternative to criminalization.”
“This case challenges us to face the reality that using things like jails and fines do nothing to solve homelessness and actually make homelessness worse,” said Jesse Rabinowitz, Communications and Campaign Director for NHLC. “Punishing our neighbors who have no choice but to sleep outside pushes them further into poverty and makes it harder to secure work and housing. The overwhelming support from a diverse array of organizations that we see in these amicus briefs underscores the need for our elected officials at every level of government to solve homelessness with housing and support, not make homelessness worse by using jail cells and bulldozers.”
Currently, more than 600,000 people in America experience homelessness on any given night, with nearly half—250,000—sleeping outside. Data from the U.S. Department of Housing and Urban Development shows a rise in homelessness for both sheltered and unsheltered individuals in nearly every state. The primary cause of the record levels of homelessness we see today is the unaffordable housing market, according to research from the Harvard Joint Center for Housing Studies.
People with disabilities are particularly at risk of homelessness and are disproportionately represented among the unhoused. Punishment for an act—sleeping in public—that, without other options, is involuntary and biologically necessary violates the decency standards of any civilized society. As highlighted in DREDF’s brief:
“The relationship between homelessness and disability exists because disabled people face unique challenges and deep-rooted stigmas that present persistent challenges in accessing and navigating foundational systems for basic survival, including housing, employment, financial security, and healthcare.”
“Where, as here, there are not enough shelter beds, and certainly not enough that are accessible, homeless people—including many with disabilities—have no choice but to sleep in public places.”
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ABOUT THE DISABILITY RIGHTS EDUCATION AND DEFENSE FUND
Disability Rights Education and Defense Fund (DREDF) is a leading national civil rights law and policy center directed by individuals with disabilities and parents who have children with disabilities. Founded in 1979, DREDF works to advance the civil and human rights of people with disabilities through legal advocacy, training, education, and public policy and legislative development. Learn more at dredf.org.
ABOUT THE NATIONAL HOMELESSNESS LAW CENTER
The National Homelessness Law Center (NHLC) is at the forefront of the fight against homelessness in America. Our mission is to fearlessly advance federal, state and local policies to prevent and end homelessness while fiercely defending the rights of all unhoused persons. We work to shape and advance policies at the federal, state, and local levels aimed at preventing and ultimately ending homelessness. By fostering partnerships, influencing policy, and mobilizing communities, the NHLC is dedicated to transforming how society addresses homelessness, striving for a future where everyone has a place to call home. Learn more at homelesslaw.org.