this post was submitted on 23 Feb 2024
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As more people end up experiencing homelessness, they’re also facing increasingly punitive and reactionary responses from local governments and their neighbors. Such policies could become legally codified in short order, with the high court having agreed to hear arguments in Grants Pass v. Johnson.

Originally brought in 2018, the case challenged the city of Grants Pass, Oregon, over an ordinance banning camping. Both a federal judge and, later, a panel from the Ninth Circuit Court of Appeals struck the law down, saying that Grants Pass did not have enough available shelter to offer homeless people. As such, the law was deemed to be a violation of the Eighth Amendment.

The ruling backed up the Ninth Circuit’s earlier ruling on the Martin v. City of Boise case, which said that punishing or arresting people for camping in public when there are no available shelter beds to take them to instead constituted a violation of the “cruel and unusual punishment” clause in the Eighth Amendment. That applied to localities in the Ninth Circuit’s area of concern and has led to greater legal scrutiny even as cities and counties push for more punitive and restrictive anti-camping laws. In fact, Grants Pass pushed to get the Supreme Court to hear the case, and several nominally liberal cities and states on the West Coast are backing its argument. If the Supreme Court overturns the previous Grants Pass and Boise rulings, it would open the door for cities, states, and counties to essentially criminalize being unhoused on a massive scale.

Archived at https://web.archive.org/web/20240223125412/https://newrepublic.com/article/178678/supreme-court-criminalize-homeless-case

(page 2) 32 comments
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[–] [email protected] 6 points 8 months ago* (last edited 8 months ago) (3 children)

There are good arguments for both sides here. IMO the solution would require recognizing that homelessness is not a local problem and allocating funds at the federal level for assisting the homeless. I don't see any other way of avoiding the unfair situation created when homeless people quite reasonably choose to travel to cities that provide more assistance to them.

[–] [email protected] 8 points 8 months ago* (last edited 8 months ago)

A conservative is not capable of charity. For a conservative to agree to give something to someone, there must be something in it for them.

For example, if a conservative's church does something nice for someone, they believe their "good deed" will be rewarded with eternal bliss. And the church gets the PR it needs to increase its profitable collections. They all get to call themselves "charitable" while not actually engaging in any charitable behavior.

To a conservative, there is no charity. There is only a transaction.

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[–] [email protected] 147 points 8 months ago (3 children)

What’s gonna happen is they’re going to get arrested and sent to a private prison who will then profit off their free slave labor. And in states with three strike rules that’ll happen a couple times back to back and then you have permanent indentured servitude.

[–] [email protected] 74 points 8 months ago* (last edited 8 months ago) (7 children)

The desire to enslave people is a fundamental conservative trait.

In fact, there has never been a point in human history when conservatives were opposed to slavery, even a little bit.

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[–] [email protected] 11 points 8 months ago (4 children)

While I broadly agree with the sentiment of your post, three strikes laws usually only apply to felonies, and criminalized homelessness is typically misdemeanor stuff. Not a defense of three strike laws, they're fucking garbage, but the truth matters.

[–] [email protected] 15 points 8 months ago* (last edited 8 months ago)

And while I broadly agree with your point, it is far too easy for law enforcement to tack on additional charges like resisting arrest. And, yes, in most states resisting arrest is also a misdemeanor, but incidents can be raised to felony resisting arrest if they involve assault on an officer. Unfortunately, it is easy for any innocent physical contact with police to be interpreted as assault, if an officer decides to portray it that way. The truth matters, but so does ACAB

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[–] [email protected] 13 points 8 months ago (1 children)

I've got this idea. Maybe all the homeless people should be rounded up and sent to an island somewhere.

We will call that place...Ustralia.

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[–] [email protected] 29 points 8 months ago (1 children)

Next thing all the homeless people will be put in camps. That's pretty much the plot of that one DS9 episode. Let's just hope Sisko got the memo and makes an appearance.

[–] [email protected] 8 points 8 months ago (2 children)

Hell, camps where they didn't have to worry about cops coming through and smashing up all of their stuff and telling them to find a different neighborhood would actually be an improvement over where we're at now

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[–] [email protected] 99 points 8 months ago (7 children)

Got a problem? Just make it illegal! Bam! Solved!

Next up: Not finding a job is going to become illegal, thus solving unemployment issues!

[–] [email protected] 16 points 8 months ago (1 children)

Conservatives can't understand why we did away with debtors prison.

[–] [email protected] 6 points 8 months ago (4 children)

They’ll start to notice when there’s a downturn in their stock earnings due to imprisoning everyone. They have to feel it personally before they take issue with such problems. They don’t have a very far attention span.

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[–] [email protected] 41 points 8 months ago (1 children)
[–] [email protected] 16 points 8 months ago* (last edited 8 months ago) (1 children)

But that would make 3/4 of all politicians just disappear. Huh... come to think of it, we should do it!

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[–] [email protected] 19 points 8 months ago (1 children)
[–] [email protected] 31 points 8 months ago* (last edited 8 months ago)

Yeah, if that home is in prison, where you are conveniently exempt from the "no slavery" amendment.

[–] [email protected] 79 points 8 months ago (5 children)

So the Supreme Court is willing to force states to provide shelter and food to homeless people?

I didn't know the Supreme Court justices were socialists.

[–] [email protected] 15 points 8 months ago

No see the idea is to force states to place homeless people in for profit prisons. Pure capitalism!

[–] [email protected] 45 points 8 months ago (2 children)

Oh, no no no, that would be protecting human rights, which conservatives really aren't about. They want to protect states' rights and local governments' rights to harass and brutalize humans. That's their idea of liberty.

[–] [email protected] 14 points 8 months ago

It's THEIR liberty -- not yours. You can go get fucked.

[–] [email protected] 6 points 8 months ago (6 children)

In fact, Grants Pass pushed to get the Supreme Court to hear the case, and several nominally liberal cities and states on the West Coast are backing its argument.

How do you explain the liberal cities and states on the West Coast, then?

[–] [email protected] 18 points 8 months ago* (last edited 8 months ago)

Liberal does not mean progressive.

The term liberal was used to refer to fiscal policies, until Republicans in the Reagan era began misusing the word as a pejorative for Democrats. Most Democrats (especially leadership) are not progressives. Most elected Democrats are neo-liberals, even in blue cities. Neo-liberals are conservatives.

We do not have a viable progressive party in the U.S. We have a conservative party and a more conservative party.

[–] [email protected] 11 points 8 months ago

Too many neolibs, not enough social Democrats and similar. A number of socialized programs would cut the homeless population. And we probably wouldn't have an opioid crisis if we had socialized healthcare (because pushing opioids was done for profits after all)

[–] [email protected] 37 points 8 months ago

Liberals be like

Their market worshipping ideology is barely an improvement over conservatism imo. What we need is progressivism and socialism, but so long as conservatives are turning into fascists I feel compelled to suppprt the liberal douchebags Citizens United has left us with (at least as far as my voting goes, anyway).

[–] [email protected] 16 points 8 months ago

Liberals are conservatives. That's how.

[–] [email protected] 19 points 8 months ago

No war but class war

[–] [email protected] 15 points 8 months ago* (last edited 8 months ago) (1 children)

Much like doing genocide and supporting the police, there's a bipartisan consensus on inflicting violence on unhoused people.

[–] [email protected] 11 points 8 months ago

"If they wanted their concerns to be taken seriously they should have made a donation to someone's campaign!"

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