Use the Supreme Court’s Grants Pass decision as a call to action – Marin Independent Journal

Homeless advocates participate in a rally outside the Phillip Burton Federal Building and U.S. Courthouse in San Francisco, Calif., on Monday, April 22, 2024. Over 60 people gathered outside the federal courthouse building to demand that the Supreme Court keep current restrictions on encampment clearances in place. (Aric Crabb/Bay Area News Group

A few weeks ago, on my way to work, I witnessed a scene that epitomizes the housing crisis we face every day at Legal Aid of Marin. I saw a man in his late 40s or early 50s wearing a pressed collared shirt standing behind his van. There was a mirror visible behind the open back door, and as I approached, I noticed he was shaving.

At that moment, I knew I was dealing with someone who lacked the private space necessary to perform this basic task—someone who was likely suffering from housing instability.

This encounter forced me to reflect on how the face of homelessness in Marin is not always what we would expect. Sometimes it looks like someone shaving while getting ready for work.

Why do we often shy away from the housing crisis unfolding before our eyes? Is it because we judge homeless people and believe their precarious situation is their fault? Is it because we don’t believe we have a responsibility to help them? Or perhaps the fear of not knowing how to solve the problem of homelessness keeps us from taking action? Whatever the reason, it doesn’t matter. The reality is that the housing crisis is hurting thousands of our neighbors in Marin, and it’s time to do something about it.

Late last month, the U.S. Supreme Court issued a devastating ruling in Grants Pass v. Johnson. The court overturned the 9th Circuit’s ruling in Martin v. Boise, which ruled that cities cannot enforce public camping bans against homeless people when there are more homeless people than available shelters.

The court found that policy decisions to address homelessness should be made by elected officials, not federal judges interpreting the Eighth Amendment, which protects against “cruel and unusual punishment.”

This decision will de facto criminalize homelessness by removing protections that once prevented the government from arresting people who have no choice but to sleep outside. As Justice Sonia Sotomayor put it in her dissent, homeless people are “faced with an impossible choice: either stay awake or be arrested.”

In these times, it seems almost inevitable that government will act hostilely toward marginalized communities. After all, history has taught us that abuses of power come as no surprise. In the face of human suffering, it is easy to despair. But I assure you, we can do something about Marin’s housing crisis. We can take concrete steps that will change many people’s lives for the better. We must act together and humbly acknowledge that while we do not have all the answers, our collective efforts are greater than the sum of their parts.

Let’s use Grants Pass as a call to action and share concrete steps we can take to help our homeless neighbors. Here are some ideas:

• Attend city and county government hearings. Ask your elected officials to commit to addressing Marin’s housing crisis with compassion, equity and fairness for all.

• Learn about tenant protections (including rent control), “just cause” eviction laws, rental registries, public land trusts, and other policies that can significantly improve housing stability for countless people.