U.S. Supreme Court considering validity of homeless law similar to one Missouri Supreme Court struck down

SPRINGFIELD, Mo. (KY3) - On Monday the U.S. Supreme Court got involved in a case involving homelessness for the first time in four decades as it heard arguments in ‘Grants Pass vs. Johnson.’

Grants Pass is an Oregon community of about 40,000 that has an ordinance fining people for sleeping in public places using blankets or other bedding. The Supreme Court is taking up the question of whether that violates the Eighth Amendment prohibition against cruel and unusual punishment.

Homelessness and how to address it is a widespread problem across the country and many states and communities will be watching to see what precedent will be set for future government guidelines on the subject.

Missouri has already dealt with a homeless law passed in 2022 by the state legislature that made it illegal to sleep or set-up a long-term shelter on state-owned land.

Springfield’s Eden Village, a non-profit organization that builds tiny homes for the homeless, filed a lawsuit against the state over that law and won when the Missouri Supreme Court struck it down in December, 2023.

“We unleashed an incredible amount of resources, but it was all worth it,” said Eden Village Chief Visionary Officer Nate Schlueter at the time the ruling was announced. “It also sends a message that housing is the only way to end homelessness. We have a team that works real hard to care for the most vulnerable people in Springfield and get them off the streets into permanent housing. So as they watched this all play out for our friends who are still on the streets, there’s now relief and excitement because we gave the homeless of Missouri a voice.”

But now the U.S. Supreme Court has a chance to clarify what is legal when it comes to dealing with those living on the streets. And in the meantime, those with no homes lead a nomadic life where nothing is certain.

On Monday as the Supreme Court was hearing the case, a handful of homeless people who had set up an encampment a block away from Springfield’s City Hall near Chestnut Expressway got a visit from police officers who politely told them they had two days to vacate the area and move on.

As to where they’ll go next?

“I have no clue,” answered Christy Stiles, who’s been homeless for over three years. “When you find a safe spot a lot of people get mad about that and they’ll come in and ruin your spot. I’ve had 14 bikes stolen from me. I’ve had everything that can be stolen taken from me. The only thing I’m not giving up is my respect and my manners.”

Christy says the “manners” part is a major reason the public has such disdain for homeless people and wants to have laws keeping them out of sight.

“All the trash some of us leave behind is why people get upset,” she pointed out. “We trash everything out and don’t have the respect and manners to pick up after ourselves and be nice. But there’s no way you’re going to sweep the homeless under a rug. Instead of sweeping us under a rug or locking us all up, why don’t you take that grant money and help get us off the street?”

“Now there’s no place left for us to go because other people have messed it up,” added Christy’s friend Rhonda Yarbrough.

An example of that is right next door to the current homeless encampment as NAMI, the National Alliance on Mental Illness, deals with homeless people every day even though it is not a homeless shelter.

“We are a non-profit organization working to provide free mental health resources to the community,” explained Taylor Wilson, NAMI’s Director of Marketing and Business Development. “We are also a drop-in center for folks to use during the day as we have a library, computer lab, art center and any resources that might help you in your mental health journey. There are always people outside our building seeking shelter so we do see some vandalism. We unfortunately see a lot of urinating and defecating on the building and we recently had to close down because there was a rock thrown through our window.”

Despite all those problems though, Taylor says allowing laws that punish the homeless doesn’t seem like the answer.

“What I see on a daily basis just breaks my heart,” she said. “These people are doing their best and they’re being kicked while they’re down. There is such a need for a year-round shelter for situations like this. And I just hate that we’re criminalizing homelessness because I feel it just makes it harder on them.”

“To penalize somebody for something that is out of their control when we’re not addressing the real issues at hand is a waste of our time and resources,” added Emily Fessler, the Continuum of Care Coordinator for the Community Partnership of the Ozarks. “So instead of addressing the lack of affordable housing, we’re putting a strain on our criminal justice system which is already overcrowded and overwhelmed. And that makes it more difficult for those people to find permanent housing because now they have a criminal record as well. In places where we’ve seen those kinds of law go through like Texas, we’re seeing those repercussions play out in real time and yet somehow all the other states aren’t learning their lessons. So at what point do we come together and say, ‘Hey, this is not O.K.’ So for the Supreme Court to be looking at this issue is really important.”

Christy is not overly confident that anything the U.S. Supreme Court does will change her life significantly although she does appreciate the fact that maybe a decision could keep her from being arrested for trying to find a place to sleep at night.

“I just want to find a safe place at night where I can charge up my phone,” she said. “And I want people to know that not all of us are on drugs, not all of us are rude or mean and not of all us trash an area. Some of us do have respect and manners for people. Just cut us a little break.”

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