On Friday, the U.S. Supreme Court, urged on by Governor Newsom and his local allies, set back civil rights in its Grants Pass v. Johnson decision, which gives local governments discretion to ban people from sleeping outside, even when they have nowhere to go. As the nation’s largest disability advocacy organization, we condemn the harm this decision will inflict on our communities.

The Constitution should protect all of us from the arbitrary power of the state, regardless of our status as members of a particular group. But with Grants Pass, SCOTUS held that nothing in the Cruel and Unusual Punishments Clause of the 8th Amendment stops elected officials from appeasing big business associations and not-in-my-backyard constituents by effectively banishing unhoused persons simply for existing.

As Justice Sotomayor’s dissent recognized, in a society where “those with a history of mental health conditions... are at greater risk of homelessness” and where “[l]ess than 5% of housing in the United States is accessible for moderate mobility disabilities”, Grants Pass will harm people across disabilities, especially Black, Native American and LGBTQIA2S+ individuals, survivors of domestic violence, and veterans. Instead of correcting the failed policies that lead to houselessness, elected officials now have one more tool to support efforts to conserve and institutionalize unhoused persons.

Criminalization does not solve houselessness. Sweeping individuals away, denies their humanity. It traps people in cycles of poverty and institutionalization. It chills unhoused individuals from calling the police or engaging with outreach workers. As former DRC client Will B. said about such policies: “I kept trying to have upward mobility, but the Sheriff kept pushing me down and would not allow me to succeed. I was afraid to raise up because I knew I would be pushed down.”

But, as our clients continue to fight, DRC will continue to fight. As a former encampment resident, David R. explains: “This is what works; having advocates that are for you and not against you; equal assistance available for everyone; caring case management. I was given love, not judgement.”

DRC will fight back against the Grants Pass decision by continuing to pursue loving and compassionate advocacy throughout California and the nation to make voluntary, community-based care the norm and inclusive, affordable, and accessible housing abundant. We remain, like Justice

Sotomayor, “hopeful that our society will come together ‘to address the complexities of the homelessness challenge facing the most vulnerable among us.’... That responsibility is shared by those vulnerable populations, the States and cities in which they reside, and each and every one of us.”

Let’s start by joining the National Homelessness Law Center’s call to our federal government to fund housing and stop evictions: Solve Homelessness (johnsonvgrantspass.com) And then let’s keep going.

Disability Rights California (DRC) – Is the agency designated under federal law to protect and advocate for the rights of Californians with disabilities. The mission of drc is to defend, advance, and strengthen the rights and opportunities of people with disabilities. For more information visit: https://www.disabilityrightsca.org.

Quotes from more Unhoused Clients:

As one drc unhoused disabled client states, “…I am a person with disabilities and was in the middle of a crisis when my encampment was swept. Being removed from my encampment was indescribable experience once that point hits you are numb already. It is a horrific experience. It took over a year for me to get services. I was blessed to be placed in housing because I was connected to a housing service provider through a group that did outreach at my encampment.” - David R. former resident at the Santa Ana Riverbed

"I had all my belongings taken multiple time, my stuff was put in storage and destroyed by rats. I kept trying to have upward mobility, but the Sheriff kept pushing me down and would not allow me to succeed. Or I was afraid to raise up because I knew I would be pushed down. The City was against me and drove the hate.” - Will B. San Clemente Resident

A client said, "I was trying to move up from where I was, a park. I was not in a park because I wanted to live there, I had to live there. I worked and wanted to be a part of society. Just when I was in place to move on and up, the police would take everything from me. Every ticket and every sweep put me back to that spot where I started. How was I to get out when I was put right back down by the police. I stomped on all the time."

“This is what works; having advocates that are for you and not against you; equal assistance available for everyone; caring case management. I was given love, not judgement” or “I for sure can say that being placed in housing is way better than being ticketed and jailed. I was given the chance to get my life back and pursue my dreams." - David R. former resident at the Santa Ana Riverbed

"What got me reconnected to real life? A carrying advocate who realized I was more than trash and who kept fighting for me. This helped me realize I was more than people said I was. Dignity and respect made me who I am now: Housed with my family, sober, healthy, employed and a volunteer at a pet adoption clinic. Most of all knowing I am loved." - Patrick Q