Grantland

There was an in depth sports blog that delved into the psychology, sociology, and business of sports, it was called Grantland. In memory, here’s a Grantland approach to writing about the recent Supreme Court decision City of Grants Pass v Johnson (2024), as an attorney and former law clerk for a court of appeals in the West. 

Overall, the consequences are more sad than interesting, but do point a way forward. There are many articles discussing public policy effects and the legal reasoning itself, so I’ll focus elsewhere. 

I’d say law is a statement about public policy and how we want our society to be. That’s what draws so many people into the law as idealistic law students whatever they evolve into. 

As life goes on, sometimes it gets harder for lawyers to not be in the theory, and to remember the everyday struggle life can be. I know I’ve wrestled with that. And, in this pattern, the Supreme Court’s decision focused most on the needs of the local government while acknowledging the challenges for the homeless population. It seems like it was easier to see the local government’s perspective hoping for a solution to a difficult problem, rather than stepping into the shoes of someone who is unsheltered. 

Yet the practical upshot of the decision depends upon the laws in place, as this is only a case about whether the Constitution allows certain laws, or not. In Oregon, a 2021 state statute limits local government action towards the homeless population. Local governments may only regulate the time, place and manner of homeless activity in “objectively reasonable” ways. This will constrain Oregon local governments’ ability to criminalize as many behaviors in the immediate term. 

The local governments are in challenging situation. Funding homes for working class residents requires political will and ability to deliver while working with, and in the face of, opposition. Yet the responses to homelessness, including local jail time designed to encourage homeless residents to move to other places also has high costs. Moreover, harsher actions against homeless persons also undermines the caring, welcoming attitude to all residents that many communities in their best moments wish to embody.

As Oregon governor Tina Kotek said post-decision, more homes that are affordable to people is the focus. We know that housing prices, especially in relation to income, are by far the most causal driver of higher regional homelessness (See Colburn and Aldern, Homelessness is A Housing Problem, 2022). The beautiful West has attracted in-migration and now has some of the highest housing prices, but this issue is affecting all our communities. When high housing prices find people down and out on their luck, victims of domestic violence, or with an unexpected medical bill or other life event, homeless can too often result. 

Communities may wish for a longer-term solution that is in keeping with their values and highest ideals. That solution is working with local developers, community organizations, and residents so that more homes are built that will be affordable for working and temporarily struggling residents.