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ACLU of Maine decries Supreme Court ruling that the unhoused can be punished for sleeping in public

A police officer informs inhabitants of a homeless encampment to pack up before city workers arrived to clean up the area, Tuesday, May 16, 2023, in Portland, Maine.
Robert F. Bukaty
/
AP file
A police officer informs inhabitants of a homeless encampment to pack up before city workers arrived to clean up the area, Tuesday, May 16, 2023, in Portland, Maine.

The U.S. Supreme Court Friday ruled that unhoused people can be punished for sleeping in public.

In City of Grants Pass v. Johnson, the court ruled that “camping ban” laws do not constitute “cruel and unusual punishment” and are therefore not prohibited by the Eighth Amendment.

Molly Curren Rowles, executive director of the ACLU of Maine, said making it more difficult for people who are already facing the most challenging circumstances is the not the solution.

"We can't punish our way out of this challenge. Ultimately, this is about access to housing, health care and jobs, and we need to ensure there's an adequate safety net for people who find themselves in this situation," she said. "Talking about root causes but then really doing something to change the policy landscape and change the funding landscape so that people are housed is really critical."

The ruling comes as MaineHousing and the City of Portland are rolling out the Housing Opportunities for People in Encampments, or HOPE, which issues vouchers for stable housing.

Curren Rowles says what's most effective are Housing First models, which provide permanent housing first and then tackle mental health or substance use disorders. Maine has a Housing First law, but funds for the program will not be available until July of next year.