• Skip to primary navigation
  • Skip to main content
  • Skip to footer
WRAP

WRAP

Western Regional Advocacy Project

  • Donate Now
  • Get Email Updates
  • Contact Us
  • Home
  • About
    • 40 Years of Fighting
    • History
    • Mission
    • Strategy
    • Members
    • Board / Staff
  • Campaigns
    • Business Improvement Districts
    • House Keys Not Sweeps
    • Homeless Bill of Rights
    • Oregon Right To Rest
    • Without Housing
    • Street Outreach
  • Organizing Tools
    • Without Housing Organizing Toolkit
    • Homeless Bill of Rights Campaign Manual
    • WRAP Organizers Manual
    • WRAP Artwork
  • Resources
    • Art in Action Power Point Slide Show
    • Hobos to Street People
    • House Keys Book
    • Political Education
    • Legal Research
  • Media
    • Newsletters
    • Blog
    • Hobos to Street People Art Show
    • Street Newspapers
    • Sweeps Gallery Videos
    • Videos
  • Support Us
    • Donate
    • Become a Monthly Sustainer
    • Volunteer
    • Support WRAP
    • WRAP Newsletters & Updates Sign Up

PRESS RELEASE: Ninth Circuit Upholds & Clarifies Homeless Persons’ Right to Survive in Absence of Housing

September 29, 2022 by Jonathan Leave a Comment

FOR IMMEDIATE RELEASE Contact:
September 29, 2022

Erika Lopez
(202) 638-2535 Ext.110
elopez@homelesslaw.org

Ninth Circuit Upholds & Clarifies Homeless Persons’ Right to Survive in Absence of Housing

Court Reiterates Martin v. Boise Holding that Civil and Criminal Punishments for Homelessness are Cruel & Unusual

(September 29, 2022, Washington, DC) – On September 28, people experiencing homelessness in Grants Pass, Oregon—and across the Ninth Circuit—could breathe a sigh of relief as their right to survive in the absence of adequate housing was reaffirmed.

The U.S. Ninth Circuit Court of Appeals issued an opinion in Johnson v. City of Grants Pass (formerly Blake v. City of Grants Pass), affirming in large part a 2020 ruling from the District of Oregon and reiterating the framework from the Ninth Circuit’s decision in Martin v. City of Boise that prohibits criminalization of the basic, life-sustaining activities of people experiencing homelessness who have no alternative housing or shelter.
Despite having no shelter in town, Grants Pass engaged in a deliberate campaign to pass and heavily enforce specific ordinances targeting the life-sustaining conduct of people experiencing homelessness, with the City Council President openly stating, “the point is to make it uncomfortable enough for them in our city so they will want to move on down the road.”

“The Ninth Circuit’s decision today in Johnson v. Grants Pass is consistent with well-established precedent that it is unconstitutionally cruel to punish homeless people for unavoidable acts of survival,” said Tristia Bauman, Senior Attorney for the National Homelessness Law Center. “The Ninth Circuit clarified that Martin v. Boise applies to civil citations that subject homeless people to future criminal punishment for sleeping outside or taking simple measures to stay warm and dry. Because this decision is rooted in settled law and sensible policy, the Ninth Circuit’s ruling should not be controversial: So long as people have no option but to live outside, they should not be punished for doing what all human beings must do to survive in that condition.” 

This case is part of a nationwide movement against the criminalization of homelessness, spearheaded as part of the Housing Not Handcuffs Campaign. The case was filed by the Oregon Law Center. The National Law Center on Homelessness & Poverty, with pro bono assistance from Dechert, LLP and the University of Miami School of Law Human Rights Clinic, provided amicus briefs and legal support, and their 2019 Housing Not Handcuffs Report was cited in the underlying opinion.

###

The National Homelessness Law Center (The Law Center) is the only national organization dedicated solely to using the power of the law to prevent and end homelessness. With the support of a large network of pro bono lawyers, we address the immediate and long-term needs of people who are homeless or at risk through outreach and training, advocacy, impact litigation, and public education.

Filed Under: Blog, Civil & Human Rights, Criminalization, Press Releases

Reader Interactions

Leave a Reply Cancel reply

You must be logged in to post a comment.

Footer

Instagram Feed

FOR MORE INFORMARTION VISIT US AT: http://wraphome FOR MORE INFORMARTION VISIT US AT: http://wraphome.org/developmentdirector
WRAP is hiring a full-time Development Director with at least 2 years of non-profit fundraising management experience. WRAP supports our core members, allies, and others by providing organizing tools and research for each to use in their campaigns fighting the criminalization of houselessness and for affordable housing. We are helping to build a regional /national movement �together and strengthen �connections of WRAP’s priorities with broader anti- racism, classism, neo-liberal capitalism, and criminalization campaigns.
Register here tinyurl.com/Mumia-film for Thursday Register here tinyurl.com/Mumia-film for Thursday night’s online screening of this moving, informative, personal, important, and artfully-made film. Cast includes Cornel West, Angela Davis, Dick Gregory, Alice Walker, Ruben ‘Hurricane’ Carter, and Amy Goodman.
Forty years ago, the federal government slashed af Forty years ago, the federal government slashed affordable housing budgets of the Department of Housing and Urban Development (HUD) and the United States Department of Agriculture (USDA), marking the beginning of the contemporary crisis of homelessness. https://conta.cc/3k4mDpA
Theatre of the POOR presents CRUSHING WHEELCHAIRS Theatre of the POOR presents CRUSHING WHEELCHAIRS 
Sunday 2/12/23 4pm San Francisco 2948 16th St.
Sunday 2/26/23 4pm Oakland 1540 Broadway 
For more information poormag@gmail.com
One of the questions we asked people we love about One of the questions we asked people we love about this continuing forty-year process of addressing the root causes of homelessness in America was recognizing that our comrade Paul has also been fighting this neoliberal bullshit for forty years. In earlier emails people spoke about the importance of WRAP. Here is what some of our friends had to say about Paul’s role over the last forty years. https://conta.cc/3vbUnUx
Next Thursday, the 22nd, at 11am we are having a p Next Thursday, the 22nd, at 11am we are having a press conference as the preliminary hearings begin and need all our allies to show up and call for justice! https://conta.cc/3FyNtgH
A lot of work done addressing oppressions across t A lot of work done addressing oppressions across the country takes place in courtrooms and legislative bodies. This work is not always successful due to the fact that the oppressors are the ones making the laws. But we know you can’t fight a system if you don’t know the ins and outs of how that system works.  https://conta.cc/3VQrVDl
Join the next Public Works Committee Meeting to re Join the next Public Works Committee Meeting to reject the “safe work zone” ordinance that aims to further criminalize unhoused people and their advocates during sweeps.
Monday, 12/12 at 10:30am
bit.ly/oakmtg-1212
Let's Celebrate Chucho Let's Celebrate Chucho
We are raising $40,000 for WRAP’s vital work at We are raising $40,000 for WRAP’s vital work at this 40-year mark, and all donations will be matched up to $20,000 in November and December! Contribute $40, $400, $4,000 to help make sure that mass homelessness is not around another 40 years. https://conta.cc/3VAWHQ8
Load More... Follow on Instagram

Facebook Icon

Facebook Feed

Comments Box SVG iconsUsed for the like, share, comment, and reaction icons
Link thumbnail

Some Push Back Against Tiny Homes for Homeless People Site in San Jose

www.nbcbayarea.com

California plans to build 1,200 small homes across the state to help house homeless people, but that has some people in San Jose pushing bac...
5 days ago
View on Facebook
· Share
Share on Facebook Share on Twitter Share on Linked In Share by Email
View Comments
  • Likes: 0
  • Shares: 0
  • Comments: 0

Comment on Facebook

Twitter Icon

Twitter Feed

Unable to load Tweets

Follow

YouTube icon

Youtube Code

Our Channel

Copyright © 2023 Western Regional Advocacy Project WRAP · Log in