As Supreme Court hears homeless case, scores rally
Advocates at Monday’s Orlando rally noted that homelessness has soared along with area rents
Arresting people who have no other place to sleep than on sidewalks or public spaces ultimately makes the homeless problem worse, according to dozens from local advocacy groups who took part in a downtown Orlando rally on Monday.
“It’s about housing, not handcuffs,” said U.S. Rep. Maxwell Frost, D-Orlando, while surrounded by roughly 100 other people in front of the Federal Courthouse. “Criminalizing homelessness not only does not help solve the problem, but it makes it more difficult for that person. And then it makes it more difficult for our community.”
Frost and other rally participants spoke as the U.S. Supreme Court listened to arguments on whether homeless people can be banned from sleeping outside, even when local shelters are full. The case is considered the most significant to come before the high court in decades on the issue as record numbers of people are without a permanent place to live in the United States.
A majority of the justices appeared inclined to uphold a series of local ordinances that allowed a small Oregon city to ban homeless people from sleeping or camping in public spaces.
The justices appeared split along ideological lines in the case. The conservative majority appeared sympathetic to arguments by the city of Grants Pass, Oregon, that homelessness is a complicated issue that is best handled by local lawmakers and communities, not judges. The liberal justices, for their part, pushed back strongly on that notion in impassioned questioning.
The case reflects a broader fight over regulating homelessness and the complexity of balancing the civil rights of homeless people with concerns about health and safety in public spaces.
The issue has united people across the political spectrum, with some leaders of left-leaning cities and states joining with conservative groups to urge the justices to clarify the extent of their legal authority in clearing encampments that have proliferated across the West in recent years.
The question before the justices is whether those laws went so far that they punished people for being homeless and violated the Eighth Amendment’s prohibition on cruel and unusual punishment.
The Supreme Court isn’t expected to rule until June, but the case is being closely watched not only locally, but across the Florida, as homelessness continues to rise.
The Florida Legislature passed a law this year that prevents cities and counties from allowing people to sleep on public property, including on rights of way. It also allows local governments to designate property for sleeping or camping that include restrooms, running water and security, if local shelters are filled to capacity. The measure is scheduled to take effect in October.
Advocates at Monday’s Orlando rally noted that homelessness has soared by more than 70% in the Central Florida region over the past five years. At the same time, rents have jumped by roughly $500 per month.
The median rent in Central Florida — including within Kissimmee, Orlando and Sanford — is about $2,127, according to rent. com. That means a worker earning $11 an hour would have to work 92 hours in a week to afford a modest one-bedroom apartment in the region, according to the National Low Income Housing Coalition.
That has led to a growing number of people seeking space at a shelter or sleeping on the streets, despite having jobs, Martha Are, chief executive officer of Homeless Services Network, said.
“Half of people [staying at shelters] are employed, but don’t make enough to afford housing,” she said. “We believe that no one should be punished where they sleep when they have no other choice.”
Some held signs reading: “Housing is a human right.” “Sleeping is not a crime.” “Housing not handcuffs.”It is creating a vicious cycle that is difficult to break,” he said.
When someone is arrested for spending the night sleeping on a sidewalk, it effectively makes it more difficult for them to find a job, said Orlando Commissioner Bakari Burns, who is president and chief executive officer of Health Care Center for the Homeless.
“It is creating a vicious cycle that is difficult to break,” he said.
Eric Gray, executive director of the Christian Service Center for Central Florida, said that overnight shelters should be easily accessible within every community throughout the region.
But many government officials contend building shelters is beyond the financial means of smaller communities, and makeshift encampments on sidewalks can have unsanitary conditions or even be dangerous.
Rev. Mary Downey, the chief executive officer of the non-profit House Partnership in Kissimmee, said homelessness is a “moral issue” that affects every resident.
“No one should be punished for merely trying to survive,” she said.