Campers and RVs lined up near Bozeman show the growing homelessness challenges in Montana. Recently, the U.S. Supreme Court made several important decisions, including one that allows cities to criminalize homelessness by making it illegal to sleep in public.
The dissenting justices argued that sleep is a basic necessity, and people without homes should be allowed to sleep somewhere if no shelter beds are available. However, the majority ruled that cities can jail people for sleeping in public, even if there are no available shelter beds.
Previously, cities could only arrest homeless people for sleeping in public if there were shelter beds available that the person refused. Now, cities don’t have to consider the availability of shelter beds before arresting someone. This decision affects many, as there are 188,000 fewer shelter beds than needed in the U.S.
This ruling allows politicians to avoid finding real solutions to homelessness. They can criminalize it instead, using law enforcement to handle social issues that other parts of the government fail to address. Montana Attorney General Austin Knudsen supported the ruling, calling it a “huge win” and criticizing cities like Missoula and Bozeman for not enforcing laws against homeless camps.
However, arresting homeless people is not a real solution. Communities want to end homelessness, and many work hard to find good solutions, though some fail. Jailing homeless people is a bad idea, both morally and logically.
The article’s author shares a personal story about their father, who struggled with mental illness and homelessness. Arresting him wouldn’t have helped; instead, he needed support and housing. Many homeless people have similar stories, with mental health and substance use disorders being common.
To fix homelessness, we need to provide treatment, meaningful activities, and housing. It’s important to design services and housing that people will use and find ways to fund them. We need to engage with homeless individuals to understand their needs and talk to taxpayers about funding priorities.
This Supreme Court decision allows jailing people who sleep in public when there are no other options. Local governments are now deciding whether to start arresting more homeless people. Advocacy can help encourage supportive solutions to end homelessness and prevent policymakers from adopting harmful policies that criminalize homelessness.