FEATURED STORY

New United Nations report calls on United States to implement Law Center recommendations

In October, Law Center Civil and Human Rights Attorney Siya Hegde traveled to Geneva to give remarks before the United Nations Human Rights Committee about the United States’ compliance with the International Covenant on Civil and Political Rights (“ICCPR”). The Law Center was proud to join over 140 civil society advocates shedding light on the U.S. government’s many violations of the ICCPR’s protections, including those specific to ending homelessness, such as the right to be free from cruel, inhuman and degrading treatment, the right to be free from discrimination, the right to liberty, and the right to be treated with dignity.  The Law Center’s advocacy condemned:

• The criminalization of homelessness 
• Violent attacks against unhoused persons by federal law enforcement
• The rise of Cicero state-level, anti-camping legislation 
• Forced institutionalization of unhoused persons with health disparities by law enforcement and/or court-mandated treatment programs

Our advocacy is working!

On November 3rd, The Committee issued a set of concerns and recommendations highlighting, in part, the U.S.’s ongoing practice of criminalizing the poor and unhoused. Specifically, it called on the U.S. government to:

• “Intensify efforts to find solutions for the homeless
• Re-direct funds from criminal justice responses toward adequate housing and shelter programmes
• Review all criminal records policies leading to homelessness 
• Abolish laws and policies criminalizing homelessness at all levels and offer financial incentives to do so.”

As a national leader in the movement to decriminalize homelessness and ensure that everybody has access to safe, decent, and affordable housing, the Law Center, in partnership with other advocacy groups, will utilize this report as a strategic law and policy tool to drive systemic changes and hold our state and local leaders accountable for unchecked violations of the ICCPR. Click here to read our statement on this report. 

LEGISLATIVE NEWS 

Significant challenges predicted in 2024 

Things have been relatively quiet since the summer, with most legislatures being out of session and Congress facing paralysis over its contest(s) for Speaker of the House.  

The Law Center continues to convene its policy working group that grew out of the need for a consistent national response to the increased threat posed by Cicero-style bills in red states around the country. Additionally, we are improving the flexibility and efficacy of our efforts to respond to harmful policies in blue states, like the controversial new “time, place, manner” camping and sleeping ban San Diego implemented in June.  Thanks to our collective power, our working group’s efforts successfully prevented other jurisdictions from passing similarly harmful new homelessness criminalization laws, like the “emergency ordinance” tabled indefinitely in Missoula, Montana, this year. 

Self-proclaimed progressive Governor of California, Gavin Newsom, has gone from praising the Ninth Circuit for Martin v. Boise in 2020 to submitting an amicus brief asking SCOTUS to overturn the doctrine in Grants Pass this year. Our adversaries, like the Cicero Institute, are preparing to expand their lobbying efforts. Now more than ever, we need a cogent, strategic response plan to ensure that everybody has the housing they need to thrive and stop the growing criminalization of homelessness. If you would like to be a part of developing that strategy next year, please reach out to the Law Center’s Decriminalization Director, Will Knight, via email at [email protected].

LITIGATION UPDATES

In 2024, the Supreme Court might hear Johnson v. Grants Pass, the successor case to Martin v. Boise

On July 5th the Ninth Circuit reaffirmed the seminal Martin v. Boise doctrine—that it is cruel and unusual to punish people for existing in public when they have nowhere else to go—in a case called Johnson v. Grants Pass.  The city of Grants Pass, Oregon, swiftly petitioned the Supreme Court of the United States to hear the case on August 22nd.  

The Supreme Court typically only hears cases when there’s a new issue of serious constitutional importance or when the federal appellate courts are “split,” deciding the issue differently between circuits. Grants Pass does not meet either criteria; the Supreme Court considered the Ninth Circuit’s interpretation of the Eighth Amendment in 2019 when it declined to take Martin up, which means this is not a new or novel issue of constitutional interpretation, and no other circuit court has addressed whether the Eighth Amendment prohibits punishing people for unavoidable human activity in public (like sleeping) when they don’t have adequate alternative shelter. Nonetheless, the Supreme Court signaled that it might take up Grants Pass when the Court ordered Gloria Johnson to respond to the city’s petition, a step only taken in cases the Court is seriously considering. 

The Justices’ collective interest may have been piqued by the media attention garnered by twenty-four elected officials, local governments, and policy institutes who submitted briefs in support of the city’s petition.  But these briefs are rife with misinformation and unfounded policy arguments.  For example, a brief filed by the National League of Cities, the National Association of Counties, and the International Municipal Lawyers Association falsely claims that the Martin doctrine “channel[s] local resources away from longer-term solutions like permanent supportive housing, mental healthcare, drug rehabilitation, and low-income housing support.”  And the Goldwater Institute, historically known for its fiscal conservatism and civil libertarian values, is genuinely proposing that "taking people into custody against their will if they are incapable of managing themselves” is the truly “compassionate response."

We are optimistic that the Court will choose not to take the case at this time, but if it does, Ms. Johnson will need substantial support correcting the record.  We should know in early 2024 whether the case is headed to Washington. If that happens and you are interested in participating in the amicus efforts we will be coordinating, please contact the Law Center’s Campaign and Communications Director, Jesse Rabinowitz, via email at [email protected]. 

POLICY UPDATES

U.S. Forest Service shoots and arrests unhoused people near Boise, Idaho 

In May of this year, undercover U.S. Forest Service and Bureau of Land Management police officers violently arrested Judy, Timber, and Brooks Roberts for living in a camper in the Payette National Forest north of Boise, Idaho. They were forced to live in the park after their landlord evicted them and they couldn’t find available space in shelters. Shocking body-cam video shared in an August court filing shows agents making false claims to lure the family outside, firing multiple gunshots at Brooks Roberts while he was in a wheelchair, hitting him in the back and continuing to shoot at him while he lay on the ground.  The Law Center and its partners at NCHJ call on the Biden-Harris administration to issue an executive order eliminating all federal police activities in their response to homelessness, and instead to mandate a housing and services only approach that is rooted in choice, healing, and racial justice. Connecting individuals and families to housing and optional supportive services is the only effective way to solve homelessness. The Roberts family continues to face homelessness as well as increased medical costs; donations for the family can be made at https://gofund.me/e56466c5. 

New York City Mayor Adams threatens right to shelter amid growing migrant crisis  

As New York City continues to see an unprecedented arrival of over 122,000 asylum-seekers, housing advocates battle to preserve the legal Right to Shelter. On October 3rd, the city sought leave for a motion to modify or temporarily suspend the August 1981 Callahan Consent Decree dictating the Right to Shelter, arguing that its terms did not contemplate scenarios like the current migrant and humanitarian crisis that has severely strained its funds and resources. New York City Mayor Adams and his administration also implemented a new rule in late September restricting shelter stays to families with children seeking asylum to 60 days, with notices to be given first to those families with the longest contact with the shelter system. Advocates fear that the issuance of this rule and the city’s attempts to roll back the Right to Shelter will undercut basic protections for people experiencing homelessness, including new arrivals, and disrupt the pipeline for education that tens of thousands of homeless migrant children are relying on in the city’s public school system. Relatedly, the mayor also announced his plan to use Floyd Bennett field in Brooklyn as a tent city for families with children. In the absence of an adequate social safety net and right to housing, emergency encampment sites like this do not meet adequate shelter standards.           

Pictured above: "Prayer Vigil for All Unhoused in Our CityIncluding Asylum Seekers" in NYC on October 25, 2023

Mayor Adams continues harmful evictions of homeless tent communities  

Layered on top of the migrant crisis and right to shelter issues, New York City is increasing displacement of homeless tent communities. A formalized sweeps directive, passed in 2022 and overriding a 2020 directive under former mayor Bill DeBlasio, authorizes a multi-agency task force led by the New York Police Department to target and raid homeless encampments. A report from the city’s Office of the Comptroller found that only three people out of the over 2,300 forcibly removed under the directive secured permanent housing. The Law Center is currently working in partnership with the Urban Justice Center and the civil rights firm, Beldock, Levine, and Hoffman, LLP, on launching a lawsuit to challenge this sweeps directive. 

Good news: some shelter and housing services now reimbursable via Medicaid   

More states are applying for federal waivers to use Medicaid funds to provide shelter and housing to unhoused people seeking medical care. Washington is the most recent state to be approved for a 5-year waiver to receive Medicaid reimbursement for medical respite care, post-hospitalization housing, and up to six months of rent. Medical respite care is “short-term residential care that allows individuals experiencing homelessness the opportunity to rest in a safe environment while accessing medical care and other supportive services.” That the life expectancy for people experiencing long-term homelessness is often decades less than their housed peers reminds us that safe, stable housing is integral to a person’s health. Homeless individuals are more likely to face chronic illnesses, such as diabetes and heart disease, and are also at a higher risk for mental health conditions, including anxiety and depression. Additionally, limited access to healthcare and unhealthy living conditions can further exacerbate these health issues. 

LA moves towards right to counsel 

Los Angeles is making progress in granting tenants the right to legal counsel in eviction cases. Once fully implemented, LA will be the largest city in the United States to grant this right. The law aims to address housing insecurity and homelessness, which has been exacerbated by the COVID-19 pandemic, and to expand upon the success of Stay Housed L.A. - a comprehensive eviction defense program that provides short-term rental assistance and other legal aid. The right to counsel will be implemented over the course of 5 years and will cover all tenants at or below 80% of area median income for both evictions and housing subsidy terminations. This is a much-needed step toward leveling the playing field in eviction hearings, since an estimated 10 percent of tenants facing eviction in LA County have legal representation compared to 90 percent of landlords. The right to counsel is crucial to keeping people housed, as it ensures that tenants have access to legal representation and can effectively defend their rights and interests in court. 

ANNOUNCEMENTS

We’re excited to announce "Model State Statutes: Youth and Young Adult Homelessness" – a groundbreaking publication authored by 10 organizations (including the Law Center), in consultation with youth and young adults with lived experience of homelessness. This comprehensive resource, supported generously by The Raikes Foundation and Baker McKenzie, is more than just a book; it's a tribute to the relentless efforts of policymakers, practitioners, and advocates dedicated to enhancing the lives of youth and young adults experiencing homelessness. 

In these pages, you'll find a wealth of knowledge, insights, and proven strategies to inspire change. Topics include vital documents, access to health care, housing, employment, LGBTQIA2S+, education, immigration, and more. This publication not only educates but empowers, encouraging states to embrace comprehensive and compassionate solutions over narrow and punitive measures.  

Katie Meyer Scott, Youth Homelessness Director (second from right) with other attendees of the Justice for Youth Summit, (from right) Ingrid Lofgren (Homeless Persons Representation Project), John McLaughlin (U.S. Dept. of Education), Rich Hooks Wayman (Volunteers of America Northern New England), Michael Santos (RESULTS), Casey Trupin (Raikes Foundation) and Steve Binder (Special Advisor to the American Bar Association Commission on Homelessness and Poverty)

The publication was officially launched at the Justice for Youth Summit, co-hosted by the American Bar Association and the Law Center. The Summit featured keynote speaker Senator Scott Dibble, a champion of state-level legislative advocacy to support youth and young adults experiencing homelessness, as well as panels on direct cash transfers for youth and youth-led advocacy and systemic reform.  

The Law Center hosts its annual Human Right to Housing Awards 

The Law Center hosted the annual Human Right to Housing Awards event on October 11, 2023. The event brought together members of the unhoused community, pro bono partners, funders, journalists, legislators, board members, staff, and more to celebrate our shared understanding that housing is a fundamental human need that enables everybody to thrive.  

The Honorees of the 2023 Human Right to Housing Awards with the National Homelessness Law Center Board of Directors Chair, Eric Bensky, Host Committee Chair, Jacqueline O’Garrow, and Executive Director, Antonia Fasanelli.

2023 Honorees: 

This year’s event celebrated the achievements of change makers with a specific focus on addressing youth and young adult homelessness; among the most invisible within the unhoused community.  

Stewart B. McKinney Award: Unhoused & Undercounted journalists  

This year’s Stewart B. McKinney award honored the collaboration of four media organizations on the Unhoused & Undercounted series; the Center for Public Integrity, The Seattle Times, Street Sense Media, and WAMU/DCist. This impactful, evolving body of work sheds light on the injustices faced by unhoused youth and how they fall through the cracks of deeply broken systems. 

Pro Bono Award: Baker Donelson 

The Law Center leverages the power of the Pro Bono community to expand the impact of our work. Baker Donelson was honored with the 2023 Pro Bono Award for their long-standing partnership on several projects, including the State Index on Youth Homelessness, a report released annually that ranks and scores laws and policies related to preventing and addressing youth homelessness in all 50 states and the District of Columbia. The latest iteration of the Index, which has taken a whole new approach than in previous years, is set to be released this month. Updates on its release will be shared across our social media channels. 

State Legislator Award: Senator Mary Washington  

The Law Center presented Maryland State Senator, Mary Washington, with the State Legislator Award for her transformative work around Youth Homelessness. During her time in office, Senator Washington has assembled the state’s first interagency taskforce on youth homelessness, established a college tuition waiver for unhoused students, created a state program to fund housing and services specifically for unhoused youth, and established that minors have legal capacity to access shelter and services. In reflecting on what has made her work effective, Senator Washington shared, “A big lesson for me was allowing the young people to really be the drivers of the policy, to be humble enough and trust enough in their instincts about what they need.” 

Local Legislator Award: Councilmember Amelia Parker 

The 2023 Local Legislator Award was presented to Councilmember Amelia Parker representing Knoxville, TN. In her work, Councilmember Parker has secured funding for youth emergency beds, fought against harmful legislation criminalizing homelessness, and supported the expansion of the Homemaker’s Program.  

Bruce F. Vento Award: Congressperson Barbara Lee  

U.S. Representative Barbara Lee has been a decades-long advocate of the unhoused community bringing awareness to the intersection of poverty, child welfare, and racism. She supported the Housing for All Act of 2022 and has been adamant that poverty is a policy choice that Congress has the power to end. The Law Center was delighted to recognize Representative Lee with the Bruce F. Vento Award for her outstanding work.  

This year’s event is available to stream on Youtube. The Law Center is grateful to the honorees for their inspiring work in the fight to end and prevent homelessness. Thank you to Microsoft for being a gracious host, to this year’s sponsors for their ongoing support, and to the advocates and unhoused community who illuminate the issues that matter most. In the words of this year’s Local Legislator Honoree, Amelia Parker, “I truly believe that when we continue working together, we will win and one day we will secure a human right to housing in this country.” 

United States gets terrible marks on the Human Right to Housing Report Card 

On October 5th, 2023, the Law Center, in partnership with the University of Miami Law School Human Rights Clinic, issued the Human Right to Housing Report Card 2023. The report card condemns the U.S. government’s ongoing failure to stem the tide of homelessness by neglecting its responsibility to ensure adequate, affordable housing is available to all. The U.S. receives a failing grade in “affordability” and still has much room for improvement in other areas, especially “security of tenure” and “habitability.” Numerous areas of hope are also cited, drawn from federal interventions to protect vulnerable homeowners, renters, and unhoused persons during the pandemic. The report card includes recommendations for the U.S. to rectify its treatment of homelessness at both the state and federal levels, including reallocating funding away from law enforcement responses and toward adequate, affordable Housing First-based solutions. 

2023 HALT Think Tank series concludes—it’s time to decide whether we value people over property   

On Tuesday, September 26th, the Law Center’s Homelessness Action Legal Team (HALT) hosted the HALT Think Tank Part III event, which featured our Decriminalization Director, Will Knight.  

The third installment was a continuation of our year-long conversation about how the Law Center and our allies can counter the Cicero Institute’s efforts to spread their statewide criminalization strategy to harm the civil rights of unhoused people in America. Will highlighted the short-sighted and harmful consequences of this trend, how the Law Center, HALT members, and other pro bono partners have pushed back in 2023, and how we will continue this fight in 2024.  

The event also featured a short presentation from one of the two Latham & Watkins attorneys who drafted a very clear and effective amicus brief in Byrd v. Missouri (Cicero-related case), out of the State of Missouri. The brief challenged the Missouri legislature’s attempt to “logroll” Cicero template bill provisions into a nonrelated bill that did not receive an appropriate vote or debate on the legislative floor. If unchallenged the proposed Missouri Bill would have violated Missouri’s Constitution. The Law Center is very grateful for Alex Siemers and Joseph Begun, the drafters of the excellent brief.  

For more information about HALT, including, information about the next HALT Think Tank or if you or representatives of your firm are interested in partnering with us on a pro bono matter, please contact our Pro Bono Director, Carlton Martin at [email protected]. 

New staff at the Law Center! 

Law Center hires Campaign and Communications Director

We’re pleased to welcome Jesse Rabinowitz (he/him/his) to the Law Center family. Jesse will focus on changing the narrative around homelessness, fighting the criminalization of homelessness, and building power to ensure that everybody has the housing they need to thrive. Jesse comes to the Law Center after 8 years at Miriam’s Kitchen, a DC based non-profit working to end long-term homelessness. There, Jesse led a successful campaign that brought together 110 organizations and 7,000 individuals to secure funding to end homelessness for over 6,000 people. Jesse’s work has been featured in various media outlets, including the Washington Post, NPR, The Guardian, and USA Today.

Jesse received his master’s in social work at Howard University. He has spoken across the country on topics such as advocacy to end homelessness, the connection between white supremacy and antisemitism, and how to build local budget campaigns. Jesse lives in Washington, DC with his spouse and in his free time, enjoys baking challah, playing music, and fighting for justice.

Law Center hires Decriminalization Program Administrator

Brittany joined the Law Center just last month and will be working to be “the glue” in the Decriminalization department assisting in operations, logistics, and development. Brittany currently resides in Tulsa, OK where they have deep ties to movements addressing the hyper-incarceration of women/people of color, the disruption of families by the child welfare system, and the daily acts of state violence committed against native of communities. She understands from first-hand experience the many problems caused by being deprived of a home. Because of this she is eager to join NHLC in the fight to end homelessness.

Brittany loves spending time with her dog Chauncy and her partner floating in the river, going to live concerts and musicals, and watching anime.

Thank you for reading!

Contributors: Hailey Aldrich, Siya Hegde, Sam Hozian, Will Knight, Erika Lopez, Carlton Martin, Britany Plange, Jesse Rabinowitz, Katie Meyer Scott, Eric Tars