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Will the US Supreme Court Make it Easier for Cities to Banish Us? Maybe. But We Will Not Disappear!

April 9, 2024 by Jonathan Leave a Comment


On April 22, 2024 the U.S. Supreme Court will hear the case of City of Grants Pass, Oregon v. Gloria Johnson. The case determines if the U.S. Constitution allows for local governments to fine, arrest, and jail people for living outside, when they have nowhere else to go. Western Regional Advocacy Project (WRAP) members are planning a day of action on April 22, 2024 to speak out for the rights of unhoused people to exist, in fourteen cities and counting!

The Case: The 9th Circuit Court of Appeals, which governs 9 states in the western US including Oregon, has ruled that criminalizing basic survival amounts to cruel and unusual punishment. But Grants Pass is challenging that ruling. Grants Pass officials have explicitly stated their goal is to make the city “uncomfortable enough for [unhoused people]” that they decide to “move on down the road.” 

Currently, cities are not supposed to criminalize sleeping if no “shelter” is available. We know that they hassle and arrest people anyways. And temporary shelters are no replacement for housing. Yet, the current legal requirement that cities cannot criminalize people if there are no shelter beds available gives unhoused people some legal recourse in court when they are cited and arrested for basic survival activities, such as sleeping, sitting, standing, and eating.

What’s At Stake: Over the last 40 years, thousands of lawsuits have been filed to protect the rights of unhoused people in public spaces. But the Grants Pass case would remove current meager protections – which already allow for incredible violence to occur. 

A typical sweep goes something like this one, experienced by WRAP members in Denver: on January 5, 2024 around 10:00 a.m., several police officers arrived at a thirty-person encampment on the corner of Colfax and Mariposa Streets. Tents were on the public right-of-way, not blocking the sidewalk. It was 32 degrees with a windchill of 27; below-freezing temperatures persisted nearly the entire month. Officers told residents they had 72 hours to pack up and leave. Twenty minutes later, however, city workers began throwing tents, backpacks, and other belongings into garbage trucks. Residents asked for time to pack their belongings, but crew members ignored them, trashing personal items: food, essential paperwork, sleeping bags, clothing, work tools, medication, identification,

Though methods vary, forced displacement is always traumatic. If Grants Pass wins, it will be even easier than in the past for police to roll up to encampments at the behest of elected officials, and send people to jail for refusing to leave their tent, vehicle, or community. It would allow governments more leeway to disappear people carte blanche. Unsheltered people would continue to be pushed from block to block, from city to city, each time becoming more targeted, more degraded, and more dehumanized. Cities would do this with violence and impunity, with less fear of potential litigation. 

This is the same kind of power and property grab that those in power have been trying to get away with for centuries.

History of Banishment: Governments have been using laws to control the use of public space by particular community members since the birth of this nation. The criminalization of poverty and homelessness has ALWAYS existed to ease racist fears and protect (predominantly white people’s) property and profits. Unhoused people, and especially Indigenous communities, Black and brown people, trans and queer folks, immigrants, and people with disabilities, are hit hardest – and are rising up.

White settler efforts to control public space began with the genocidal theft of Indigenous lands. Early colonizers then brought anti-poor laws banning “vagrancy” across the Atlantic, enacting “warning-out” laws that enabled towns to force unemployed individuals out of the area. Warning-out laws ostensibly protected towns from “economic instability” brought on by newcomer residents lacking gainful employment, and provided a legal mechanism for authorities to control public space. 

In 1619, white plantation owners established the horrific institution of slavery, controlling nearly every aspect of the lives of Black people. Following the formal abolition of slavery, vagrancy laws were repurposed to control Black folks. Local Black Codes, passed in nearly every Southern state, established brutal punishments for unemployment. Tens of thousands of Black people were arrested and fined, and failure to pay fines resulted in forced labor. Southern states went on to banish Black individuals from public space using Jim Crow laws. Simultaneously, cities across the country adopted “Sundown Town” policies, prohibiting the presence of Black, Chinese, and Latinx people in public after dark. The City of Grants Pass itself was a Sundown Town, and leaders explicitly targeted the act of sleeping for non-white people.

The Ugly Laws likewise aimed to control the presence of disabled people. Chicago’s 1881 ordinance read: “Any person who is diseased, maimed, mutilated, or in any way deformed, so as to be an unsightly or disgusting object, or an improper person to be allowed in or on the streets, highways, thoroughfares, or public places in this city, shall not therein or thereon expose himself to public view, under the penalty of a fine of $1 [about $20 today] for each offense.”

In the 20th century, other instances of displacement came via Anti-Okie laws. During the Great Depression and Dust Bowl, hundreds of thousands of displaced farmers, referred to derogatorily as “Okies,” migrated to western states. Local governments passed laws to punish the presence of displaced farmers who lived in “shanty towns.” For example, a Yuba County ordinance said “[e]very person [or entity] that brings or assists in bringing into the State any indigent person who is not a resident of the State … is guilty of a misdemeanor.”  

Banishment Today: Laws banning camping like the one in Grants Pass are the 21st century’s version of this trend. When elected officials in Grants Pass first enacted the anti-camping ordinance that became the basis for this Supreme Court case,  they made it crystal clear that their goal was to banish unhoused people from the city.

When a group of people threatens the very root of the system that keeps the powerful empowered, governments move to legislate against them. The Fugitive Slave Act of 1850 required that slaves be returned to their owners even if they were in a free state, for example. These days, substantial profits come via real estate, retail, and tourism. When the presence of unhoused people threatens profits, elected officials call the police. Police cite, fine, arrest, jail, harass, and displace people surviving unhoused. Instead of providing public housing, tenant protections, and other supports, officials banish those who cannot afford housing.

The actions of local governments imply that homelessness is only a problem if you can see it. These centuries-old efforts to make us disappear can be collectively described as “invisible laws”: if you can’t see homeless people in your community, then you have eliminated the issue of homelessness in society. We know this is not true. 

Fighting Back: These fights we engage in are not just about winning or losing, they are about building community. They are about letting poor and unhoused people know, in no uncertain terms, that we get stronger when we join forces and defend our rights to exist in the places we call home.

When poor people see our reality respected and celebrated in the public domain, we build power. In this power, one day the change we organize for will come. Dignity, respect, celebration, accountability, and love are the building blocks of our community organizing. Come out with us on April 22nd to bring attention to the Grants Pass case, have a blast, and of course, kick some ass!!!!


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Will the US Supreme Court Make it Easier for Cities to Banish Us zine formatDownload

Filed Under: #housekeysnothandcuffs, #right2rest, #StopTheSweeps, Actions, Bay Area, Berkeley, California, Call to Action, Civil & Human Rights, Coalition On Homelessness San Francisco, Colorado, Criminalization, Denver, Direct Actions, Events, Federal Government, History, Homelessness, Housekeys Action Network Denver, Housing, Human Rights, LA CAN Blog, LAPD Spying Coalition, Los Angeles, Los Angeles Community Action Network, Love & Justice In The streets, Medford, Mutal AID, National Allies, National Homeless Law Center, Oakland, Oregon, Poor Magazine - Prensa Pobre, Portland, Sacramento, Sacramento Homeless Organizing Committee, San Francisco, San Francisco Poster Syndicate, Santa Cruz, Services Not Sweeps, Social Justice, St. Mary’s Center, Stop LAPD Spying Coalition, Stop the Sweeps, Stop the Sweeps Austin, Street Spirit, The Village, THE WOOD STREET COMMONS, Without Housing, WRAP Allies, WRAP Members, WRAP Staff

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(500,000 Public Housing Units have already been lo (500,000 Public Housing Units have already been lost), and $230B in cuts to Food Stamps coupled with draconian work requirements in several programs mean more people will be living unhealthy, unhoused and hungry in the richest country in the world. Stay tune for more updates! https://bit.ly/2026nhlc
WRAP has the power of collective mobilization whil WRAP has the power of collective mobilization while remaining accountable to the realities of local communities. By bringing together some of the fiercest organizations fighting homelessness, for 21 years WRAP has developed a unique structure that combines documented street outreach, movement building, and national policy work, helping us bridge the local-national divisions that have hindered homeless organizing for the last four decades.
 #HousekeysNotSweeps #HousekeysNotHandcuffs #WeWillNotDisappear
Check out WRAP sweeps handout to learn the truth d Check out WRAP sweeps handout to learn the truth directly from the streets on the impact of sweeps! 

WRAP members continue to fight sweeps in their communities through utilizing documented street outreach to dispel stereotypes on what a “sweep” actually is. 

Sweeps fracture communities, displace people, & damage physical and mental health. 

When asked, what alternatives/services were people offered? 88% were not offered any services and 74% had all of their belongings thrown away at the sweep. Sweeps are not a solution to addressing homelessness but rather another phase in the cycle of homelessness! 

This handout is available for use! Go to bit.ly/wrapsweepszine to download. 
Learn more and connect with the nearest WRAP member and join the fight against sweeps! 

All members are tagged in the post and the list can be found on our link tree. List below:

 @coalitiononhomelessness
 @housekeysactionnetworkdenver
 @humanrighttohousingcollective
 @judismidnightdiner
 @lacanetwork_official
 @loveandjusticeinthestreets
 @unumissoula
 @streetspiritnews
Check out WRAP sweeps handout to learn the truth d Check out WRAP sweeps handout to learn the truth directly from the streets on the impact of sweeps! 

WRAP members continue to fight sweeps in their communities through utilizing documented street outreach to dispel stereotypes on what a “sweep” actually is. 

Sweeps fracture communities, displace people, & damage physical and mental health. 

When asked, what alternatives/services were people offered? 88% were not offered any services and 74% had all of their belongings thrown away at the sweep. Sweeps are not a solution to addressing homelessness but rather another phase in the cycle of homelessness! 

This handout is available for use! Go to bit.ly/wrapsweepszine to download. 
Learn more and connect with the nearest WRAP member and join the fight against sweeps! 

All members are tagged in the post and the list can be found on our link tree. List below:

 @coalitiononhomelessness
 @housekeysactionnetworkdenver
 @humanrighttohousingcollective
 @judismidnightdiner
 @lacanetwork_official
 @loveandjusticeinthestreets
 @unumissoula
 @streetspiritnews
Sweeps are a way to push people further into the m Sweeps are a way to push people further into the margins of society and out of the public eye. They are a sham response to a manufactured issue. Sweeps will never solve homelessness, instead they play into the vicious cycle of homelessness. 

Organizers keep fighting back! Our outreach to the community tells us the trends of criminalization, dehumanization, & a gap in actually moving towards viable solutions are on full display. 

Criminalization of poor and unhoused people will continue to expand so long as the reins on America’s neoliberal approach to fiscal and social policy remain untethered. 

We must seek the commonalities between our communities in order to thread the power of our organizing together! 

*Note: This is an abridged version of the full article which can be found on our blog at bit.ly/fightsweeps 

Continue to support the work of WRAP members. All members are tagged in the post and the list can be found on our link tree. List below: 

@coalitiononhomelessness
@housekeysactionnetworkdenver
@humanrighttohousingcollective
@judismidnightdiner
@lacanetwork_official
@loveandjusticeinthestreets
@unumissoula
@streetspiritnews

Donate to WRAP to support our work! Donation link can be found in our link tree!
For 21 years, we’ve worked alongside @lacanetwork_ For 21 years, we’ve worked alongside @lacanetwork_official and other local groups, with community outreach guiding all our campaigns. 

The #Right2Rest Bill was introduced in Colorado, Oregon, and California, and WRAP member groups in all three states built it together from the same outreach to our collective community. 

It lost nine times across those states. 

The point was never just the bill. The point was the movement behind it. #HousekeysNotSweeps #HousekeysNotHandcuffs #WeWillNotDisappear
As part of our 21st Anniversary Celebration, we ho As part of our 21st Anniversary Celebration, we hosted an IG Live conversation between Paul and General Dogon with @lacanetwork_official about why WRAP was created: the idea of building a broader network of community organizations down for the serious fight for dignity and respect for our communities. 

We know that our job as organizers is to connect accountable organizations and build power collectively, because that makes us all stronger, it makes us all smarter, and it gives us more skills. #WRAP21 #HousekeysNotSweeps #HousekeysNotHandcuffs
The systems are doing what they were built to do: The systems are doing what they were built to do: displace people, criminalize poverty, protect profit. WRAP + our members organize and fight for dignity and respect.

Every one of us has a role right now; If you have resources, you make space for the folks with time, skills, & energy to work that magic. Every dollar keeps us moving.

$21, $210, or $2,100...it all keeps WRAP + members in sync. Link in bio!
Every day we witness the criminalization of povert Every day we witness the criminalization of poverty and homelessness where local governments across the country unleash the force of the State against people forced to live in public space. Blaming unhoused people for the fact homelessness exists while they continue to ignore the devastation of public and affordable housing program for people.

Read our post to understand what sweeps are and how they’re used in the cycle of homelessness! #StopTheSweeps
San Francisco, CA. We have an abusive government! San Francisco, CA. We have an abusive government! Speak out against cuts to senior & disability programs! April 15 Join the board of supervisors' budget committee hearing to share your story! Meet at noon for an action. Hearing begins at 1:30pm Room 278
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