In Wheeling, West Virginia, many homeless individuals have found temporary refuge in an encampment on a state-owned parking lot near the Catholic Charities Neighborhood Center. Although the city had exempted this site from its public camping ban, the stateβs plan to close and clean the camp means these individuals will soon have to relocate.
This situation coincides with a recent U.S. Supreme Court ruling in Grants Pass v. Johnson, which allows cities to criminalize sleeping in public spaces even when individuals have no other housing options. This decision partially reverses the 2018 Martin v. City of Boise case, which had mandated that cities provide sufficient housing alternatives before criminalizing homelessness. The implications of this new ruling will be felt nationwide.
On a single night in January 2022, the Department of Housing and Urban Development reported at least 580,466 homeless individuals in the United States, a figure that is widely considered conservative. The growing disparity between housing costs and incomes, particularly in urban areas, exacerbates this issue. In 2023, the average hourly wage needed to afford a two-bedroom rental was $27.58, according to the National Low-Income Housing Coalition, while the federal minimum wage remains at $7.25.
The failures of mental health and addiction treatment systems further contribute to the problem. Since 2010, over 130 rural hospitals have closed, driving many struggling individuals into urban areas in search of support. In response, cities in West Virginia, including Martinsburg, Morgantown, Wheeling, Parkersburg, Huntington, Charleston, and Buckhannon, have increasingly attempted to criminalize poverty. These tactics include nuisance βdrug houseβ ordinances, panhandling bans, and breaking up encampments. The ACLU-WV has long opposed these policies.
The Grants Pass ruling may empower cities to enact more such measures, but it does not mandate them. Criminalizing homelessness for sleeping outside when there are no alternatives undermines the very concept of freedom. Justice Sonia Sotomayor, in her dissent, stated, βsleep is a biological necessity, not a crime.β
Justice Neil Gorsuchβs majority opinion argued that the Martin ruling had hindered local officials’ efforts to address homelessness. However, these laws do nothing to solve homelessness and only worsen the situation. Arrests, court fees, fines, and legal-system involvement are not solutions to poverty. For example, when Charleston jailed 16 people for being homeless in a city park at night, it benefitted no one.
Making homelessness less visible does not resolve the issue. Effective strategies to reduce homelessness include low-barrier housing, rent controls, expanded mental and behavioral health services, and streamlined assistance processes. These humane and effective policies are also cost-efficient. For instance, the Central Florida Commission on Homelessness found that providing permanent housing to chronically homeless individuals saved the region $31,065 per person per year in reduced law enforcement and emergency services costs.
Despite the Supreme Courtβs decision, criminalizing poverty remains bad policy. West Virginia cities should not see this ruling as a carte blanche to enact such measures. The ACLU will continue to challenge these misguided proposals at every turn.
Matt Pinner is a dedicated journalist for WVPrepBB.com, specializing in USA and crime news. With a keen eye for detail and a passion for uncovering the truth, Matt brings timely and insightful reporting to his readers. His work on WVPrepBB.com keeps the community informed and engaged with the latest developments in national news and criminal justice.
