• 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
    • Legal Defense Clinics Project
    • 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
    • Pipe Dreams and Picket Fences Report
    • 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

Welcome to the WRAP-UP! Boise, ID. Video Shows Fam Welcome to the WRAP-UP!	Boise, ID. Video Shows Family Violently Arrested and Severely Injured for Living in Park, and more news from our members.  https://conta.cc/3R8Efzl
https://conta.cc/3r3rHhU
Washington D.C. PRESS RELEASE: Congresswoman Bush Washington D.C. PRESS RELEASE: Congresswoman Bush Re-Introduces Unhoused Bill of Rights https://wraphome.org/
After nearly 30 years of continuous publication, w After nearly 30 years of continuous publication, we have lost our funding. Street Spirit ceased publication on July 1, but we will not give up! Our newspaper is an invaluable source of East Bay news, and a vital resource for the people who sell it. Come party with us to support our effort to relaunch. https://conta.cc/3rifOod
WRAP is Hiring - Member Organizer WRAP was founde WRAP is Hiring - Member Organizer 
WRAP was founded in 2005 by local social justice organizations across the West to bring about real systemic change. We are building a multi-issue, multi-racial and social justice-based coalition which brings organizations together across the local–national divide, thus giving us the strength and experience to make ending poverty and homelessness a national priority. https://conta.cc/3XD5QK9
Celebrating Resistance Relationships June 30, 202 Celebrating Resistance Relationships 
June 30, 2023 * 6:00 - 8:00 pm 
320 West 37th Street, New York, NY 10018
State of the “Sweeps” The politics of encampme State of the “Sweeps”
The politics of encampments and displacement in the “post” pandemic order
Public panel discussion, June 14, 4-5:30pm Communications 120
University of Washington, Seattle
Undercommons Archives Art Show Thursday June 15th Undercommons Archives Art Show
Thursday June 15th 7-10pm 
Adobe Books 3130 24th St. SF
Instagram post 17863401230948820 Instagram post 17863401230948820
San Francisco, CA. Mayor’s Plan to Expand Shelte San Francisco, CA. Mayor’s Plan to Expand Shelter GUTS HOUSING FOR HOMELESS FAMILIES AND YOUTH 
https://wraphome.org/2023/05/31/mayors-plan-to-expand-shelter-guts-housing-for-homeless-families-and-youth/
Nationally, evictions from public housing have sur Nationally, evictions from public housing have surged since late 2021, when the federal government lifted an eviction moratorium put in place to protect renters during the pandemic, according to Peter Hepburn, associate director of Princeton University’s Eviction Lab.  https://conta.cc/3WJco9B
Load More... Follow on Instagram

Facebook Icon

Facebook Feed

Comments Box SVG iconsUsed for the like, share, comment, and reaction icons
6 days ago
Mark your calendar: Homeless Advisory Meeting Friday September 22nd
If you are houseless or have been houseless or are on the edge of being houseless come to this meeting and speak up! 
If you are housed and can come listen and support please do too! If you can help provide rides to houseless people to this meeting please let us know. 
Friday September 22nd 11am-2pm 
at 20th Street Rec Center (1011 20th Street) 
There will be lunch.
View on Facebook
· Share
Share on Facebook Share on Twitter Share on Linked In Share by Email
View Comments
  • Likes: 0
  • Shares: 1
  • Comments: 0

Twitter Icon

Twitter Feed

Twitter feed is not available at the moment.

YouTube icon

Youtube Code

Our Channel

Copyright © 2023 Western Regional Advocacy Project WRAP · Log in