From Anti-Vagrancy Laws to Modern Ordinances: The Fight Against Economic Racism and the Criminalization of Poverty
We all worry about being homeless due to some misfortune in life. I worry about the Supreme Court we now have. In the shadow of landmark decisions such as Roe v. Wade and affirmative action, the United States Supreme Court’s readiness to hear a case on the criminalization of homelessness reveals a stark and troubling continuity in its jurisprudence — a tendency towards decisions that often lack fundamental humanity.
This inclination is particularly evident in the Court’s conservative majority, which many argue was strategically assembled to safeguard the interests and desires of affluent white men. The case in question, emanating from Grants Pass, Oregon, challenges ordinances that penalize homeless individuals for sleeping in public spaces. This scenario not only lays bare the nation’s ongoing struggle with homelessness but also echoes historical legislation designed to oppress the economically disenfranchised.
The United States, a nation where prisons brim over capacity and where there’s a palpable societal resistance to the expansion of private prisons — yet another enterprise enriching the wealthy at the expense of the working class — stands at a crossroads. The litigation reaching the Supreme Court is not merely a legal battle; it’s a manifestation of a deeper societal ailment rooted in economic racism and the protection of capitalist interests over human dignity. The conservative leanings of the current Supreme Court, evidenced by its decisions on pivotal cases, raise legitimate concerns about its commitment to addressing the plight of the most vulnerable members of society.
I once had a white male boss who removed seating in the public areas of our government enterprise because he could not stand to see unhoused people on them, especially in the winter. He said, openly, they were “criminal elements.”
The heart of the matter lies in the audacity of criminalizing survival strategies of the unhoused. Municipal ordinances that outlaw sleeping or camping in public spaces, as seen in Grants Pass, Oregon, and other cities, fail to address the root causes of homelessness. Instead, they perpetuate a cycle of punishment for individuals who lack access to shelter and basic necessities. This approach is not only inhumane but also inefficient, serving to further marginalize those already on the fringes of society.
“[F]or years, western cities forewent investments in shelter capacity, housing, mental health services, and addiction treatment” in favor of pushing the unhoused to certain neighborhoods and prosecuting them, according to a court document filed by plaintiffs in the case in December 2023. Source
The historical context of anti-vagrancy laws reveals a long-standing tradition of legislating poverty. Similar to the Vagrancy, Anti-loitering, and Streets Offenses Acts of various American states, European laws before the colonial era targeted the poor peasant class. These laws were designed to maintain a capitalist system that benefits the landowners and capitalists, allowing them to engage in leisure without the stigma of loitering — a luxury never afforded to the poor.
The irony is palpable when considering that many Europeans were once expelled to America, Australia, and other colonies due to their impoverished status, only for their descendants to perpetuate a system that criminalizes poverty.
What Is Vagrancy?
Historically, vagrancy referred to an idle person who wandered from place to place without visible means of support. Laws referred to individuals as “vagrants,” “vagabonds,” “beggars,” “common drunkards,” and “loiterers,” to name a few. Basically, these laws criminalized a person for experiencing poverty, homelessness, or unemployment. Source
The solutions to homelessness are not beyond reach. As I have discussed in my book, “Economic Racism — Memoir of a Heroic Nonconformist,” other countries have successfully implemented policies prioritizing human dignity and offering tangible support to the unhoused. These solutions range from comprehensive housing-first approaches to robust social services that address the underlying causes of homelessness, such as mental health issues, addiction, and economic inequality. However, the cultural and systemic barriers entrenched in the American ethos, characterized by a reverence for whiteness, elitism, and capitalism, obstruct the adoption of such humane policies.
The prospect of the Supreme Court ruling in a manner that further entrenches the criminalization of homelessness is alarming but not surprising. It reflects a broader societal willingness to expand the prison state, resorting to incarceration and punitive measures rather than addressing the systemic failures that contribute to homelessness. This path not only burdens taxpayers with the financial costs of an expanding prison system — in effect, tipping parts of the middle class over the precipice towards poverty and homelessness — but also perpetuates a cycle of exclusion and marginalization.
The potential for forced labor laws and the expulsion of unhoused individuals, reminiscent of historical practices of expelling Europe’s impoverished and incarcerated to America, looms as a dark possibility. Such measures would not only be a grave injustice but also a tragic irony, highlighting a failure to learn from history and a refusal to embrace the humanity of all individuals.
“The Supreme Court gets to decide whether they’re going to hear it or not,” Grants Pass Mayor Sara Bristol said. “Personally, I guess I’m not sure what the desired result is even for that case. To me, I guess I see that either way, whether we win, lose, or they don’t even hear it or whatever, I think we’re going to need shelter in this town.” Source
In conclusion, the Supreme Court’s decision on this matter will be more than a legal ruling; it will reflect the nation’s values and commitment to human rights. The criminalization of homelessness is not a solution; it perpetuates injustice.
As taxpayers, citizens, and human beings, we must demand more from our legal system and our society. We must advocate for policies that address the root causes of homelessness with compassion and efficacy rather than resorting to punitive measures that only exacerbate suffering. The challenge before us is to reimagine a society where every individual’s humanity is recognized and protected — a task that requires legal reform and a profound cultural shift.
