The Salvation Army says it remains focused on aiding communities throughout the country following a Supreme Court ruling that could pave the way for local jurisdictions to enact stricter penalties on homelessness.
“Last year, The Salvation Army provided eight million nights of shelter to those who didn’t have a safe place to lay their heads. As the nation’s largest private provider of social services, The Salvation Army remains focused on meeting human needs in the name of Jesus Christ without discrimination,” David J. Kennedy, a spokesperson for the Salvation Army Northwest Division, said in a statement shared with The Chronicle. “We welcome anyone who is in need of shelter, food, or support to visit their local Salvation Army."
The statement comes after a Supreme Court ruling that public camping restrictions do not constitute “cruel and unusual punishment.” In a dissent, Justice Sonia Sotomayor said sleep was a “biological necessity, not a crime” and that the regulations penalized people purely for being homeless.
“It is possible to acknowledge and balance the issues facing local governments, the humanity and dignity of homeless people, and our constitutional principles,” Sotomayor wrote. “Instead, the majority focuses almost exclusively on the needs of local governments and leaves the most vulnerable in our society with an impossible choice: Either stay awake or be arrested.”
The case arose out of a Grants Pass, Oregon, ordinance against camping in public spaces, which included fines that started at $295. The ordinance also banned the use of blankets, pillows or cardboard boxes for protection while sleeping within city limits.
According to OregonLive, a federal judge blocked the city from enforcing its public camping laws during the day without a 24-hour notice, and the 9th U.S. Circuit Court of Appeals upheld the district judge’s ruling.
The Ninth Circuit found the Grants Pass ordinances violated the Eighth Amendment’s ban on cruel and unusual punishment, and the city petitioned for the Supreme Court’s review.
According to The Seattle Times, jurisdictions throughout the West Coast have eyed stricter regulations in response to a rise in homelessness. In an amicus brief supporting Grants Pass, Seattle's City Attorney Ann Davison wrote that Grants Pass and Martin v. Boise "have paralyzed local communities' ability to address it (homelessness) in the places where it is most acute," according to The Seattle Times.
Following Friday’s ruling, the National Homelessness Law Center (NHLC) said that “arresting or fining people for trying to survive is expensive, counterproductive and cruel.”
“While we are disappointed, we are not surprised that this Supreme Court ruled against the interests of our poorest neighbors,” the NHLC said in a statement, which also praised Sotomayor’s dissent.
“Cities are now even more empowered to neglect proven housing-based solutions and to arrest or fine those with no choice but to sleep outdoors,” the NHLC said. “While we are disappointed, we are not surprised that this Supreme Court ruled against the interests of our poorest neighbors.”
Local impact
Last year, several local jurisdictions passed stricter penalties for camping on public lands. In March 2023, the Chehalis City Council unanimously banned camping on public lands, according to previous reporting by The Chronicle.
“I’ve been waiting for this for a long, long time and I think we should just get it done,” Chehalis Mayor Tony Ketchum said after the ordinance passed.
At the time, city officials said they worked to draft an ordinance that was compliant with current court precedent, including the Grant’s Pass decision.
“Kevin Nelson deserves a lot of credit for getting the council a legally defendable ordinance in a short amount of time,” Council member Kevin Carns told The Chronicle after the ordinance was passed.
Months later, Centralia followed with its own set of restrictions. At a July City Council meeting, members passed an ordinance that prohibits camping on city streets and restricts the amount of time an RV can be parked on city streets, according to previous reporting by The Chronicle.
Unlawfully parked RVs can now be towed and impounded, and owners can face penalties that range from $20 to $500.
“I think the ordinance is a little bit ahead of things right now while we’re trying to find a safe RV overnight parking situation, to get that established,” said Elizabeth Cameron, the lone Centralia City Council member to oppose the measure.
In August, the Lewis County Board of Commissioners approved new restrictions on RV parking and camping on county-owned land that Lewis County Commissioner Sean Swope said could “very well result in jail time” for violators.
The ordinance bans unauthorized camping or camping on county lands “except in areas specifically designated, designed or constructed for this purpose.” A penalty would not be imposed if the violator moves “within a reasonable period of time under the circumstances” after being contacted by law enforcement, according to the ordinance.
It also states law enforcement must inform a potential violator that “resources are available at a shelter located within Lewis County.”
During the Aug. 23 meeting, Commissioner Lindsey Pollock said the move was a “first step” and floated the possibility of a safe park for RV campers, a proposal that has not gained traction among commissioners.
At the meeting, Swope raised the possibility of future restrictions on organizations that offer “humanitarian services,” a suggestion he later backed away from after receiving additional community input.
The Supreme Court ruling comes as a plan to open a new night-by-night shelter in Lewis County struggles to move forward.
In May 2022, Lewis County officials selected a shelter site at 2015 NE Kresky Ave., the former Washington State Employees Credit Union.
Alleging the City of Chehalis “intentionally interfered” with the plan for an “improper purpose,” the county filed a lawsuit against the city in Thurston County Superior Court on April 23 after permitting for the project stalled.
Weeks later, commissioners voted to dismiss the lawsuit and said they anticipated additional cooperation between the city and county on the project.
“In light of the anticipated cooperation with the City of Chehalis on the permanent night-by-night shelter, I move that we dismiss the … lawsuit,” Commissioner Lindsey Pollock said on June 4.
Jointly managed by HopeSource, based in Ellensburg, and the Salvation Army of Lewis County, the permanent shelter could house up to 70 people, based on initial shelter designs. Last year, the county received roughly $2.5 million in state money to fund the shelter, according to previous reporting by The Chronicle.
The Salvation Army in Centralia currently operates the only low-barrier overnight shelter in Lewis County.
Swope, who was not present at the June 4 meeting, wrote a guest commentary published in The Chronicle on Saturday that said the Supreme Court ruling “marks a pivotal moment in our ongoing efforts to balance compassion, public safety and accountability in addressing homelessness.”
“By giving law enforcement the authority to regulate public camping, we can maintain the integrity of our parks, streets and public areas, making them safer and more accessible for everyone,” Swope wrote. “This decision empowers us to address not only the symptoms but also the underlying issues contributing to homelessness.”
More than 650,000 Americans experienced homelessness in 2023, according to data released by the Department of Housing and Urban Development (HUD) in December.
Between 2022 and 2023, sheltered homelessness rose an estimated 12% in Washington, according to a report by the Washington State Department of Commerce published in March. According to the report, unsheltered homelessness increased 21% statewide between 2022 and 2023, excluding King County.
The report found that “populous counties located along the I-5 corridor reported the highest numbers of people living in places not meant for habitation.”
