Page 31 - Pierce County Lawyer - January February 2024

Homeless advocates have argued that this decision is an important backstop to prevent policies
that criminalize life-sustaining activities without another choice, as they often lead to additional barriers that make it more difficult to exit homelessness. Local jails have become holding facilities and no alternatives exist to handle the shortage of housing, rising costs of living, drug addiction and mental illness.
Attempting to solve a problem by criminalizing such conduct does not work. It does not address the issues that lead to homelessness,
and it doesn’t provide more housing. Arrests, unaffordable tickets, and the collateral consequences of criminal convictions make it more difficult for people to exit homelessness and get back on their feet. The issues are exacerbated as the burden on police, courts and jails increases, and resources are diverted from dealing with real, violent crime. Additionally, BILPOC, mentally and physically disabled persons, and LGBTQA+, who are already disproportionately affected by homelessness, are
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BY NICHOLE FISHER
most likely to be further marginalized by criminalization.
City of Grants Pass v. Johnson, et al.l is pending SCOTUS petition, and it will be interesting to see how one of the arguably most conservative Supreme Courts in modern history will respond. While modern originalists may be able to reach the same decision of the Ninth Circuit through an Equal Protection Clause or Due Process analysis, it is unlikely they will be easily swayed by this application of the 8th Amendment.
Beyond the central legal issue of whether enforcement of generally applicable laws regulating camping on public property constitutes “cruel and unusual punishment” prohibited by the Eighth Amendment, we are left with bigger questions. Does every problem have a legal answer that a judge can decide? What role should the Constitution and federal judges play in solving complex social issues that emerge in modern society?
Nichole Fisher is the founder and managing attorney of Lake Tapps Legal.Nichole is an experienced litigator and compassionate criminal defense attorney.
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January/February 2024 | PIERCE COUNTY LAWYER 31