Supreme Court: Cities can arrest homeless for sleeping outside. Evansville doesn't plan to

EVANSVILLE — Mayor Stephanie Terry's administration will not pursue any policy changes locally after the Supreme Court's ruling that city's can arrest or fine homeless people for sleeping outside.

The case, Johnson vs. Grant's Pass, was decided Friday morning in a 6-3 decision. Justice Neil Goursch delivered the majority opinion, joined by John Roberts, Clarence Thomas, Samuel Alito, Brett Kavanaugh and Amy Barrett. Justice Sonia Sotamayor filed a dissenting opinion, and was joined by Elena Kagan and Ketajani Jackson.

Justices on the Supreme Court received the case after the Ninth Circuit ruled in a previous case, Martin v. Boise, that the Eighth Amendment’s Cruel and Unusual Punishments Clause should stop cities from from enforcing public-camping ordinances against "homeless individuals whenever the number of homeless individuals in a jurisdiction exceeds the number of “practically available” shelter beds." In Grant's Pass, Oregon, camping on public property or parking overnight would lead to fines, and potentially jail time.

According to court documents, Indiana was one of 20 states to join Grant's Pass in requesting the Supreme Court review the lower court's decision.

“Today’s ruling sets a dangerous precedent toward criminalizing homelessness by allowing cities to treat sleeping on the streets as a criminal matter,” Terry said. “In Evansville, our goal is to help those who are most vulnerable – to offer the programs, services, and opportunities they need to improve their circumstances. Today’s Supreme Court ruling will not change that.”

In a release from the city, Terry cited her work toward affordable housing options in her first six months in office. She committed an additional $250,000 to the Affordable Housing Trust Fund and recently announced the creation of the $500,000 Forward Together Grant Fund, where qualified nonprofits can apply for up to $35,000 each.

Evansville-Vanderburgh Commission on Homelessness administrator Chris Metz was disappointed by the Supreme Court ruling.

“The Evansville-Vanderburgh Commission on Homelessness is disappointed in the decision by the United States Supreme Court to deny Constitutional protections from arrest for those sleeping outside due to not having other housing options,” Metz said. “This only raises the stakes for local leaders, in Evansville and communities and across the country, to continue developing housing solutions for our most vulnerable community members. Homelessness is not a crime; it is a social problem that requires humane and compassionate solutions.”

The mayor's office has said it will continue to work with local organizations who serve the homeless in Evansville, and the Evansville Police Department will continue to do outreach to the unhoused through its Homeless Liaison Officers.