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Supreme Court Judgment on Homelessness Might Lead to More Prosecution
(VOR News) – Advocates for the homeless say that the United States Supreme Court’s ruling in a significant case on camping prohibitions may exacerbate the homeless situation, trapping more individuals in a cycle of incarceration, debt, and street life.
On Friday, the Supreme Court decided to favor Grants Pass, Oregon, a tiny community with a high homeless population. According to attorneys for Grants Pass who talked with USA TODAY, the judges ruled that the town may continue with its prohibition on sleeping in public with bedding, which would prevent unhoused people from staying in parks. Individuals who breach the prohibition will face penalties and potentially prison time.
In their 6-3 judgment, the court said that enforcing a camping ban does not constitute cruel and unusual punishment. The result reversed a lower court decision that had prevented the prohibition from being imposed.
“This is a pretty hard blow, and it’s devastating,” said Helen Cruz, 49, who feeds homeless people in Grants Pass parks and has long opposed the camping prohibition. She said that she had been homeless for most of her adult life. Recently, she was allowed to reside at a church where she volunteers.
Cruz told USA TODAY that the finding was the worst conceivable consequence for the hundreds of people living outdoors in Grants Pass. “These individuals who had nothing had a glimmer of hope, which has been taken away from them. How far can you beat someone with nothing? “I don’t understand,” Cruz replied through tears.
National homelessness campaigners said Friday that the court’s decision was tremendously disappointing. “We are extremely disappointed, and we are concerned about how quickly some communities will implement local ordinances that are now legal under this ruling,” said Ann Oliva, CEO of the National Alliance to End Homelessness.
Since 2018, communities in most of the western United States have been unable to enforce 24-hour restrictions on public camping, making it more difficult to dismantle big tent encampments, according to officials.
Cities with substantial unsheltered homeless populations, like Los Angeles, San Diego, and Seattle, may now enact rules to restrict individuals from sleeping outdoors. Evangelis, the lawyer who defended the case for Grants Pass, said Friday that the court’s decision provides “urgent relief” to towns trying to handle homeless camps.
“Years from now, I hope that we will look back on today’s watershed ruling as the turning point in America’s homelessness crisis,” Evangelis said in a written statement. Policy experts who backed Grants Pass in the case said the Supreme Court’s ruling was a triumph for local governments nationwide.
“The court made the right decision not to become micromanagers of local homeless policy across the entire United States of America,” said Judge Glock, director of research at the Manhattan Institute, a think tank that supports individual liberty and the rule of law, and submitted documents to the Supreme Court in support of Grants Pass.
In Oregon, a 2021 state law provides certain safeguards for unhoused persons in Grants Pass and across the state in the face of 24-hour sleeping prohibitions, but localities may still impose tighter camping laws after the Supreme Court overruled a lower court ruling.
Mayor Sara Bristol of Grants Pass expressed her satisfaction with the Supreme Court’s decision in favor of the city. She informed USA TODAY that she and the city council would start examining the ruling and state legislation to determine the best course of action.
“I’m relieved that Grants Pass will be able to reclaim our city parks for recreation,” Bristol said. She said that her community has “been trying to find solutions” for homelessness, calling it a “complex issue.” An authorized camping site or a new shelter may have been established as a solution, but the city opposed both ideas.
Ruth Sears, the owner of a dance studio building next to the site of a previously proposed shelter in downtown Grants Pass, expressed doubt that the court’s decision would address homelessness in her community.
“Unless their idea is they’ll go somewhere else, which is obviously not a real good answer for the homeless people,” 72-year-old Sears said, “I don’t see how it’s really going to help.”
Legal experts representing the homeless plaintiffs in the case are concerned that additional communities would enact like laws, reducing the number of places where homeless individuals can reside outside the law.
“What if every jurisdiction passes these laws? As an attorney with the National Coalition for the Homeless in Florida, David Peery predicted they would soon be seen nationwide.
According to Oliva, the penalties associated with camping and sleeping prohibitions would only make people’s homelessness worse by making it more difficult for them to get employment and homes due to debt and a criminal record. Oliva said, “We know they can’t pay those tickets.”
Grants Pass Homeless: How does the narrative of a homeless lady fit into the larger national discussion?
Grants Pass authorities now have additional power to clamp down on individuals living outdoors. Previously, they imposed penalties and implemented a statute that forbade people from pitching tents in the same location for an extended period of time.
Eric Tars, the Legal Director of the National Homeless Law Center, said this Supreme Court ruling would exacerbate homelessness. “Harmful approaches like criminalization are a crutch to avoid dealing with their affordable housing problems,” Tars said. In a similar vein, Oliva labeled camping prohibitions as a “fake solution” to the catastrophe that is unfolding in American homeless encampments.
Advocates argue that cities should concentrate on affordable housing
On Friday, Oliva said that local mayors and municipal councils nationwide must remember to serve unhoused populations and housed citizens who want the homelessness problem resolved.
Oliva believes that instead of cracking down harder on individuals in encampments by enacting harsher camping prohibitions, local elected authorities should create more shelters and link unhoused persons to more resources via outreach.
“Housing-focused shelter and outreach will keep people as safe and healthy as possible while we build more affordable housing for people; that’s the path forward,” Oliva informed us. Tars termed the court decision “heartbreaking.” “But we are not done fighting,” he told USA TODAY.
What was the court debating during oral arguments?
During oral arguments on April 22, the judges debated whether being homeless is an inescapable condition or whether sleeping outdoors is a behavior that results from not having a house.
The justices said it would be more appropriate for local and state governments to decide on a homelessness policy rather than having the country’s top court intervene.
In April, several justices pondered whether the court might restrict the case by ruling that the Grants Pass sleeping ban violates a new Oregon statute prohibiting 24-hour prohibitions.
What exactly was the Grants Pass case about?
Grants Pass v. Johnson pitted the homeless population of Grants Pass, Oregon, a town of roughly 40,000, against municipal authorities who said they wished to reclaim control of public parks where around 600 unhoused persons live in tents, beneath tarps, and sleep on tables and benches.
According to Ed Johnson, the public defender who initially handled the case, the majority of the unhoused persons living outdoors in Grants Pass became homeless as the cost of housing increased over the previous several decades. Johnson is not related to Gloria Johnson, the plaintiff in the case.
The city wanted to permanently remove people from parks, but it couldn’t because a 2022 U.S. Court of Appeals for the Ninth Circuit decision ruled that homeless people in areas without enough shelter beds have an Eighth Amendment right not to be punished for living outside and protecting themselves from the elements.
There is no city-run shelter; instead, a church-run program for the homeless includes a shelter where inhabitants must labor. Transitional housing, in the form of a small house village, will open in 2021, but there are only 17 available places. According to service providers, due to an absence of affordable housing in Grants Pass, turnover at the institution is minimal.
The mayor of Grants Pass and certain city council members tried hard to establish a sanctioned campground and a new shelter, but many schemes were derailed due to community opposition. Bristol previously informed USA TODAY that as of this spring, the municipality had no more finances to establish the shelter space required for its unhoused population.
“We need to help establish a place where people can legally sleep, and it’s been a real uphill battle with all kinds of different challenges,” Bristol told reporters in April. To address the issue of homeless encampments in public parks, Grants Pass attorneys petitioned the Supreme Court in April to reverse a Ninth Circuit judgment that prevented unhoused individuals from being punished for sleeping outdoors.
“The Ninth Circuit ties cities’ hands by constitutionalizing the policy debate over how to address growing encampments,” Evangelis said in April when arguing for Grants Pass before the Supreme Court.
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Pierre Poilievre, the Conservative Leader, has accused Prime Minister Justin Trudeau of sowing “divisions” that culminated in the violent altercation between Sikh separatists and Hindu devotees outside a Hindu temple in Brampton, Ontario.
Justin Trudeau initiated the question period by condemning Poilievre’s reticence regarding the violence in South Asian communities as “deafening.”
Poilievre refuted the assertion by accusing Trudeau of exploiting the matter to divert attention from domestic economic concerns.
“Consequently, he implements divisions in his residence.” Poilievre stated, “These divisions are the consequence of his actions.”
“Currently, sectarian riots are occurring on the streets of Brampton.” This has never occurred before the tenure of this prime minister. Is he accountable for the divisions he has incited and the ensuing violence?
Trudeau Must Assume Responsibility
Mr. Pierre Poilievre, the Conservative Leader, requested that the Prime Minister assume responsibility for the divisions and violence in Canada. In response, Prime Minister Justin Trudeau addressed Poilievre’s refusal to obtain security clearance to review foreign interference documents.
Trudeau, who has frequently employed a phrase in the question period recently, urged Poilievre to undergo the security clearance procedure to receive a briefing from Canada’s intelligence and security agencies regarding potential threats to the country.
Trudeau’s remarks exacerbate an already precarious police situation, which has the potential to further deteriorate the diplomatic relationship between Canada and India.
Police dispersed a second day of demonstrations outside a Hindu temple in Brampton, Ontario, on Monday. The temple has been the site of violent clashes that have resulted in arrests and a public safety alert.
During the Indian consular officials’ visit to the Hindu Sabha Mandir temple in Brampton on Sunday at midday, violence erupted.
Peel Regional Police issued a public safety alert on Monday evening regarding the presence of weapons at a demonstration near a Hindu temple in Brampton, Ont. The demonstration had been the site of violent clashes between demonstrators the previous day.
Canada India Tensions
Social media videos depict demonstrators holding banners in support of Pro-Khalistan separatism, a proposed independent Sikh homeland in northern India, and engaging in physical altercations with other individuals, some of whom are holding India’s national flag.
Later, an off-duty Sergeant of the Peel police in Brampton, Ontario, was identified as one of the pro-Khalistan protesters.
In the interim, the violence prompted Indian Prime Minister Narendra Modi to make a rare comment during a period of escalating diplomatic tensions between the two countries.
“I unequivocally condemn the intentional destruction of a Hindu temple in Canada.” “The cowardly attempts to intimidate our diplomats are equally appalling,” he shared on social media.
No amount of violence will ever undermine India’s resolve. We anticipate that the Canadian government will maintain the rule of law and ensure justice.
Last September, Trudeau expressed that there were credible allegations that the Indian government was involved in the assassination of Sikh activist Hardeep Singh Nijjar in Canada, which marked the beginning of the deterioration of relations between the two countries. India has vigorously denied the charge.
A Brampton, Ontario, police officer was suspended on Monday following the viralization of a video on social media that showed him participating in a pro-Khalistan protest outside a Hindu temple.
According to CBC News, the suspended Peel Regional Police officer, Harinder Sohi, was videotaped brandishing a Khalistan flag while other participants in the protest chanted anti-India slogans. He was not wearing a police uniform.
Sohi served as a Sergeant for the Peel Regional Police.
In an email to CBC News, Media Relations Officer Richard Chin informed the organization that it is “aware of a video circulating on social media that depicts an off-duty Peel Police officer participating in a demonstration.”
“This officer has since been suspended in accordance with the Community Safety and Policing Act,” according to him.
“We are investigating the circumstances in totality depicted in the video and are unable to provide further information until this investigation is complete.”
Peel Regional Police have previously stated that three individuals have been charged in connection with the violence that occurred during the visit of Indian consular officials to the Hindu Sabha Mandir temple on Sunday.
Social media videos appear to depict demonstrators holding banners in support of Khalistan, a proposed independent Sikh homeland in northern India, and engaging in a physical altercation with other individuals, some of whom are holding India’s national flag.
The videos appear to depict fist battles and individuals striking each other with poles on the grounds outside the Hindu Sabha Mandir temple.
According to Peel police, the event was ultimately relocated to two additional locations in the neighboring city of Mississauga, where additional demonstrations were also conducted.
Peel police acknowledged the protest on Sunday at noon and announced that they had increased their presence at the Hindu Sabha Mandir temple to preserve public safety and order.
“We acknowledge the right to peacefully and safely protest; however, we will not tolerate criminal activities or violence,” stated Chief Nishan Duraiappah in response to the videos’ dissemination.
“Those that do participate in this activity will be pursued, arrested, and charged.”
The violence elicited condemnations from Canadian political leaders at all levels of government and also prompted Indian Prime Minister Narendra Modi to make a rare comment during a period of escalating diplomatic tensions between the two countries.
Prime Minister Narendra Modi expressed his concern regarding the “deliberate attack” and requested accountability from the Canadian government, which Justin Trudeau heads. He anticipated that the government would uphold the rule of law and ensure justice.
PM Modi expressed his strong condemnation of the deliberately targeted assault on a Hindu temple in Canada in a post on X. The contemptible endeavors to intimidate our diplomats are equally repulsive. No amount of violence will ever be able to undermine India’s resolve.
In the interim, the Minister of External Affairs (MEA) expressed its “profound concern” regarding the safety and security of Indian nationals in Canada, and it anticipates that those who engage in violence will be prosecuted.
The Hindu Sabha Temple in Brampton, Ontario, was the site of violent acts committed by separatists and extremists yesterday. We condemn these actions. “We urge the Canadian government to guarantee that all places of worship are safeguarded from such attacks,” stated Randhir Jaiswal, the spokesperson for the MEA.
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Police in Brampton, Ontario, were summoned to the Hindu Temple after a group of pro-Khalistanis Sikhs attacked Hindu worshipers on Sunday. According to the Hindu Canadian Foundation, supporters of the Khalistaani movement in Canada helped to carry out the “attack.”
Following its posting on X, a video of the attack with demonstrators brandishing Khalistan flags at the Hindu Temple’s front entrance quickly became viral, inciting indignation among the Hindu community in Canada and India.
Chandra Arya, a Liberal MP from Canada, denounced the violence and claimed that under the country’s “freedom of expression,” extremists are getting away with it.
According to Arya, he began to think there might be some truth to the claims that Khalistanis have successfully infiltrated Canada’s law enforcement forces and political machinery.
Today, Canadian Khalistani fanatics have crossed a line. The attack by Khalistanis on Hindu-Canadian worshipers within the Hindu Sabha temple’s grounds demonstrates the extent and blatantness of Khalistani violent extremism in Canada.
In a post on X, he stated, “I start to believe that there is a sliver of truth in the reports that Khalistanis have successfully infiltrated not only our political apparatus but also our law enforcement agencies.”
It is understandable why Khalistani fanatics are receiving a free pass in Canada under the guise of “freedom of expression.” As I’ve been saying for a while, Hindu Canadians must stand up, defend their rights, and hold politicians responsible for the safety and security of our community,” he continued.
Peel Regional Police said they were aware of the demonstration in the city’s northeast and are investigating the situation.
The Canadian Charter of Rights and Freedoms states, “We respect the individual right to protest, but it is still our duty and responsibility to maintain public order and ensure everyone’s safety. ” Therefore, we request the public’s help participating in and supporting a nonviolent and legal protest.
Peel police warned that any acts of violence, threats of violence, or vandalism would be looked into and said they would be more visible and present to keep an eye on the situation.
Taking his X account, Brampton Mayor Patrick Brown also conveyed his dissatisfaction after learning of the “acts of violence” outside the Hindu Sabha.
“In Canada, religious freedom is a fundamental virtue. In their house of worship, everyone ought to feel secure. Brown stated in his letter that he is “completely confident that Peel police will do everything in their authority to keep the peace and hold those accountable who commit acts of violence.” “I strongly condemn any acts of violence outside of a place of worship,” Brown added.
“The violence at the Hindu Sabha Mandir in Brampton was unacceptable,” Canadian Prime Minister Justin Trudeau also posted on X.
Every Canadian has the right to freely and securely follow their religion. “Swiftly responding to protect the community and investigate this incident” was how he praised the cops.
As Ottawa frequently rejected New Delhi’s demands for tough measures against Khalistani radicals in Canada, the incident took place during a time of poor relations between India and Canada. Instead, it sparked a huge diplomatic dispute by accusing India of targeting Khalistani people inside its borders.
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