Law Foundation of Silicon Valley’s Post

It’s inhumane to punish people for sleeping outside when they have nowhere else to go. The U.S. Supreme Court is deciding whether people experiencing homelessness with no access to shelter can be criminally prosecuted for sleeping in public — an unavoidable situation for those without homes. Johnson versus Grants Pass centers on an Oregon town that voted on several local laws that essentially criminalize the very existence of its unhoused community members. The case has the potential to unleash a wave of punitive laws against homelessness across the country. With the Formerly Incarcerated, Convicted People & Families Movement (FICPFM) and the National Consumer Law Center, the Shriver Center on Poverty Law filed an amicus brief in support of the unhoused communities in Grants Pass. We argue the actions of Grants Pass are not only unconstitutional but ineffective at solving homelessness. The Shriver Center believes that housing is a human right. Criminalizing homelessness affects everyone and hinders progress we’ve made toward a future free from poverty and racism. Read the full brief here: https://lnkd.in/gUcAfmjq

Yesterday was a significant day for the unhoused community, as the Grants Pass v. Johnson case made its way to the Supreme Court. The court heard oral arguments and will now decide if cities can criminalize people experiencing homelessness who are sleeping outside if there is no shelter available to them. The Supreme Court case centers around The Constitution’s 8th amendment, which states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Essentially, the court is deciding whether criminalizing unhoused individuals for sleeping outside is cruel and unusual punishment. As we await the court's decision, let’s hold onto empathy, compassion, and love, and acknowledge the impact that this decision will have on those experiencing homelessness. Interested in learning more about this historic case? Below, we’ve compiled a few great resources for you to explore. - NPR Article: https://n.pr/44fLo5a - Supreme Court Hearing: https://bit.ly/3U4Ic80 - NBC Bay Area: https://bit.ly/4aN1E0d - National Homelessness Law Center Webinar: https://bit.ly/3w5MvI7 #endhomelessness #grantspassvjohnson #supremecourt

Ill-founded, expensive and inhumane! We join the National Homelessness Law Center and National Alliance to End Homelessness in condemning SCOTUS’ decision on the criminalization of homelessness. Being poor or mentally ill or unable to afford the soaring cost of housing does not make someone a criminal. Filling jails with people who can be helped through proven Housing First programs that cost less than prison and don’t infringe on citizens’ constitutional rights are a much better solution with great outcomes. Take the shackles off, and let’s invest in helping people regain their lives. https://lnkd.in/eFy7GFuu

National Homelessness Law Center Springfield Rescue Mission Inc U.S. Department of Justice Amnesty International I want express a concern that I think too many #PropertyOwners #judges #governments #lawyers are not paying enough attention to. Many don't realize that a property owner's property rights includes even the sidewalk in front of his house or establishment. Thankfully this usually does not impact people going from point A to point B but I can think of an exception. When #NoTrespassOrders are given in alot of cases the persons impacted are not allowed to even use the sidewalk. Here's a potential (hopefully) unintended consequence of this. If the person gets more than one "No trespass order" from two properties directly across from each other, this can cause the person to be effectively banned from walking from one end of the street to the other. This should not be allowed to occur except under extreme circumstances and one thing that increases the risk of this occurring is the tendency for our #society to dehumanize people that are seen as committing crimes. Some of the people that could get multiple "No trespass orders" for non-violent reasons include people who engage in #panhandling (#begging) or #loitering or sleeping in the wrong place due to #homelessness. If they are banned from going from one end to a street to another in such a way that hinders their ability to function, it can hinder them overcoming their problems with homelessness and #poverty.

As we wait for the #SupremeCourt's ruling on Johnson v. Grants Pass, it's crucial to emphasize that #homelessness is not a crime. Instead of punitive measures, let's focus on collaborative efforts to provide housing and support for those in need. Together, we can make a difference and create lasting change. Learn more about the case here: johnsonvgrantspass.com #HousingNotHandcuffs #EndHomelessness

Ill-founded, expensive and inhumane! We join the National Homelessness Law Center and National Alliance to End Homelessness in condemning SCOTUS’ decision on the criminalization of homelessness. Being poor or mentally ill or unable to afford the soaring cost of housing does not make someone a criminal. Filling jails with people who can be helped through proven Housing First programs that cost less than prison and don’t infringe on citizens’ constitutional rights are a much better solution with great outcomes. Take the shackles off, and let’s invest in helping people regain their lives. https://lnkd.in/eFy7GFuu

Is the solution to just put us all in jail?!?! Is the goal to add more barriers onto a path that is already rocky and hard to survive through? I can't imagine what my days would have looked like if I would be charged with breaking the law for sleeping and living along the creeks. Substance User's are criminalized already. Now being homeless and sleeping out doors can be as well. Camps are closed daily and people are forced to carry what we can in carts and on our backs. We search for another little patch of space to build some type of safety and shelter for ourselves and our pets. Where do we go? There is not enough room in shelters or in recovery programs. Is this a realistic solution that takes into consideration the lives of so many that are already struggling just to breathe and live.

Today, the U.S. Supreme Court issued a disappointing ruling stating that the U.S. Constitution does not protect people experiencing homelessness from cruel and unusual punishment. Arresting or fining individuals for homelessness is inhumane, expensive, and fails to address the root causes of the issue. Our outreach teams play a crucial role in our strategy, working tirelessly to reduce the criminalization of homelessness. By fostering personal relationships with our neighbors and building trust, our teams become vital resources for the community. As one of the largest outreach teams in Atlanta, we remain committed to collaborating with our partners and law enforcement to mitigate the impact of this ruling on the most vulnerable in our community. https://lnkd.in/e7zbw2Cp #Homelessness #CommunitySupport #Outreach #HumanRights #Atlanta

They say any person with a grievance can find remedy in the law. Where there’s a will, there’s a way. Illinois criminal trespass to real property 720 ILCS 5/21-3) (from Ch. 38, par. 21-3) (d) A person shall be exempt from prosecution under this Section if he or she beautifies unoccupied and abandoned residential and industrial properties located within any municipality. For the purpose of this subsection, "unoccupied and abandoned residential and industrial property" means any real estate (1) in which the taxes have not been paid for a period of at least 2 years; and (2) which has been left unoccupied and abandoned for a period of at least one year; and "beautifies" means to landscape, clean up litter, or to repair dilapidated conditions on or to board up windows and doors. prosecution /prŏs″ĭ-kyoo͞′shən/ noun 1. The act of prosecuting. 2. The institution and conduct of a legal proceeding The American Heritage® Dictionary of the English Language, 5th Edition Illinois Attorney Act (705 ILCS 205/11) (from Ch. 13, par. 11) Sec. 11. Plaintiffs shall have the liberty of prosecuting, and defendants of defending in their proper persons. **If you own vacant and neglected property and don’t act to repair and restore it to a habitable condition, eminent domain should apply because it is the best interest of the collective that your private property be taken for public use.

The Daily Journal is making available for free this excellent piece about the importance of legal representation during evictions. Written by Adam Murray, the Inner City Law Center's Executive Director, the article shows how Right to Counsel (RTC) programs, especially robust ones, can save homes and reduce homelessness in a community such as Los Angeles. The only points I would add--after working on RTC issues since 2018 and overseeing Santa Monica's pilot RTC program for two years--are Bob Dylan song lyrics and then my sense that RTC programs eventually bring deterrence. The song lyrics in a minute, but deterrence develops because some landlords and their attorneys, I believe, will be less likely to file unfounded, bad faith, or discriminatory evictions if they know that the tenants will be well represented. As statistics show that with an attorney a tenant's chances of keeping their home rockets up to 80 or 90 %, the eviction field is leveled, forcing landlords to think twice before filing. All of which reminds me of the tenant's closing words to his landlord in Dylan's "Dear Landlord" from 1967. Now, each of us has his own special gift And you know this was meant to be true And if you don't underestimate me I won't underestimate you. ***