2024-07-09 from theglobeandmail,com

Can we – legally, morally, ethically – punish people who are involuntarily homeless?

Or does the state, the collectivity, have an obligation to ensure shelter is available before chasing away, fining and jailing people for sleeping in parks, on sidewalks and in other public spaces?

As homelessness becomes more commonplace and more visible, especially in big cities, that is one of the big questions society must answer.

When governments act to tackle homelessness and related public disorder, with policies that range from laissez-faire to aggressively intolerant, they invariably end up being challenged in court.

The U.S. Supreme Court recently ruled on a high-profile homelessness case: City of Grants Pass v. Johnson. The small Oregon town prohibited camping on sidewalks, in parks, alleyways and other public spaces. People who did so faced fines ranging from US$75 to US$295, and failure to pay could result in jail.

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