Albuquerque advocates speak out against Supreme Court’s homelessness ruling
ALBUQUERQUE, N.M. — The Supreme Court decided Friday that cities can enforce bans on homeless people sleeping outdoors in the case known as City of Grants Pass v. Johnson.
In the 6-3 decision, the high court reversed a ruling by a San Francisco-based appeals court that found outdoor sleeping bans cruel and unusual punishment.
“Well, maybe until you’re in that situation, you’ll see how cruel and unusual it is to keep taking your stuff, you can’t go to work, you keeping us down here,” said Paul Marrah, who is currently homeless. “The government is keeping us in this spot. We can’t get out and get help.”
Marrah explains that it’s like an endless cycle. He has a job, but he is afraid his things will be seized by the city while he’s at work.
That comes after the courts lifted the injunction on the City of Albuquerque’s encampment removals last month. With the latest SCOTUS decision, he wants to encourage everyone to raise their voices.
“It makes me want to stand up and fight for my right, you know, our country was built on the rights of life, liberty, and the pursuit of happiness,” Marrah said. “You know, that’s what our country is founded on and no, I have no right. I have no pursuit of happiness.”
As for how the city will react to this decision, it’s a waiting game. City leaders will evaluate the ruling over the coming weeks. City officials said they appreciate more flexibility to enforce ordinances.
Christine Barber with AsUR New Mexico believes the city will begin banning sleeping outside.
“Anybody who’s sleeping outside could end up just being thrown into jail or their stuff being thrown away, because they’re not allowed to,” Barber said.
AsUR works to help women on the streets of Albuquerque. Barber argues this latest decision essentially says there is no place for homeless people.
“You’re basically saying they don’t deserve a bed on the street, they don’t deserve a bed and they don’t get a bed in the shelter, therefore they don’t deserve anything at all,” Barber said. “For the women out here, 51% of the women on the streets of Albuquerque are out here because of domestic violence or abuse at home. They’re poor, we always want to think homeless means something else.”
The ACLU is also speaking out against the decision, saying it punishes people for “merely trying to survive in public spaces.”
Mayor Tim Keller shared this statement following the ruling:
“I know there will be mixed reactions to this ruling in our community, so I want to be clear—the City will continue to do everything in our power to get people the help they need and to deal promptly with illegal encampments.”
ACLU-NM Legal Director Maria Martinez Sanchez shared the following statement:
“It’s difficult to conceive of a crueler example of punishment than imposing fines and imprisonment on someone for the fundamental human need of sleeping. Punishing people for merely trying to survive in public spaces does nothing to tackle the root causes of homelessness. This approach only entrenches the cycle of poverty and criminalization, which is both inhumane and ineffective. We call on local New Mexico governments to abandon these damaging practices that deprive unhoused individuals of their inherent dignity and to invest in meaningful solutions like affordable housing and comprehensive support services. Arresting our way out of homelessness is not a viable strategy. Here in New Mexico, we believe our state constitution provides broader protections than its federal counterpart and we will continue to push back against municipalities that criminalize people for simply existing in public spaces.”