Invisible People: The term “Criminalization of Homelessness” refers to a range of laws and ordinances that punish people simply for being homeless. According to Housing Not Handcuffs, a multi-organization campaign to address this issue, criminalization of homelessness occurs when:

“…Law enforcement threatens or punishes homeless people for doing things in public that every person has to do. This can include activities such as sleeping, resting, sheltering oneself, asking for donations, or simply existing in public places. It also includes arbitrarily or unfairly enforcing other laws, such as jaywalking or disorderly conduct against homeless individuals, and the practice of ‘sweeps’ or displacing homeless people from outdoor public spaces through harassment, threats, and evictions from living in camps.”

The legal landscape around the criminalization of homelessness shifted significantly in June 2024 when the U.S. Supreme Court ruled in Grants Pass v. Johnson, upholding the right of cities to enforce anti-camping laws even when no shelter is available. This decision overturned previous legal protections that prevented municipalities from penalizing homeless individuals for sleeping outdoors when shelter options were lacking. As a result, cities across the country have accelerated sweeps, arrests, and other punitive measures against homeless people.

Despite ample evidence to show that criminalization strategies are ineffective, many cities have increased these efforts in recent years because people don’t want to see homeless people near their businesses or homes and arresting them is the quickest way to remove them. The Grants Pass ruling has further emboldened these efforts.

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