Site Logo
Blog

Neighbors for Neighbors Recap: Criminalization of Homelessness

Written by: Marlena De Castro, Community Education Specialist

In August 2024, our Neighbors for Neighbors library meetup tackled the important issue of the criminalization of homelessness. We were joined by a phenomenal group of expert panelists: Don Lane, Vice President of the Housing Matters Board, Larry Imwalle, Homelessness Response Manager for the City of Santa Cruz, Fred Keeley, Mayor of the City of Santa Cruz, Heather Rogers, Santa Cruz County Public Defender, and Collin Webb, Housing Now Housing Stabilization Specialist at Housing Matters. 

In the June case “City of Grants Pass v. Johnson,” the Supreme Court ruled that it is now constitutional to criminalize sleeping outside, even when no shelter is available. Panelist Heather Rogers highlighted Justice Sotomayor’s quote: “Sleep is a biological necessity akin to breathing,” emphasizing that criminalizing sleeping outside equates to criminalizing “the very existence of human beings and their ability to exist in our public spaces.” This is crucial for shaping policy on resolving wealth disparities and homelessness in our nation. The panel discussed the ruling’s implications for individuals experiencing homelessness nationwide and its potential impact on local practices in Santa Cruz. The conversation reflected on the effects of criminalization in our community, and panelists expressed a collective commitment to resist criminalization as a primary approach to resolving homelessness.

Criminalization of Homelessness & Its Impacts: 

The Neighbors for Neighbors community meetup began by establishing a concise definition of the criminalization of homelessness: to make sleeping in public spaces a punishable crime even when there is no space available in a sanctioned shelter, and identified key impacts: 

(1) The criminalization of homelessness keeps people unhoused longer

(2) This approach results in increased illness and death 

(3) This approach perpetuates stigma and dehumanization 

(4) The criminalization of homelessness entrenches social injustices 

Criminalization often shows up in encampment resolutions, which involve closing homeless camps and restoring the area. During these resolutions, people sleeping outside may be arrested, fined, and have their belongings taken or destroyed. This creates additional legal and financial barriers to securing housing. Heather Rogers argued that these encampment closings  can feel like having everything taken away, leading to trauma, anger, and other responses that can result in criminal charges. 

“What it feels like to some people,” she began, “is having everything that you care about ripped out of your arms and being displaced from the only community that you know. Imagine what it would feel like for you: picture your room, your safe place, and picture being wrenched out of it and the things that you care about being taken or destroyed. Picture how you would respond.” 

Collin Webb, Housing Now Housing Stabilization Specialist at Housing Matters, emphasized that criminalization may worsen the unhoused person’s situation, as fines and arrests make it harder for people to secure housing. “Displacement does not help individuals on their journey toward stability,” Collin remarked. “When you get ticketed, when you get fined and when you go to jail, this impedes your ability to secure housing because you may now have that on your record. Losing all your belongings, losing your vitals and all these hurdles are very traumatic at the end of the day.” 

Encampment Resolutions & Best Practices: 

The panel discussed best practices for  encampment resolution or closing of camps. Larry Imwalle stressed the need for collaboration across systems, with outreach teams building relationships and connecting people to shelter or housing options before encampments are cleared. Larry explained that in the City of Santa Cruz, the city collaborates with the Homeless Persons Health Project to provide direct healthcare assistance to the people living in camps. Furthermore, the city outreach team has long-standing relationships with many of the individuals living in local encampments and utilizes these bonds to build trust and support them into local emergency shelter or housing. 

Clear communication and minimizing the role of law enforcement are key to reducing trauma. Collin Webb advocated to increase transparent communication around these resolutions, referencing the importance of clear and timely notices. Don Lane shared that reducing the presence and involvement of police minimizes the trauma involved in encampment resolutions because many people living unhoused have had negative prior experiences with law enforcement. 

Effective encampment resolution requires ample shelter and housing options, with availability and accessibility that accommodates a variety of people, as well as the capacity to meet the needs of our unhoused population. Larry Imwalle said, “I wish that more people moved directly from encampments to permanent housing. We have a severe permanent affordable housing shortage in this community and that makes that journey really difficult.” All of the panelists agreed: we need more shelter and more variety of shelter options. 

Mayor Keeley remarked that the City of Santa Cruz is in agreement with Governor Newsom’s statement that “shelter solves our sleeping problem, but not our homelessness problem. Keeley said, “We have a deep responsibility to our community members.” Our community requires much more affordable housing, including ample permanent supportive housing options, in order to be able to truly move people out of encampments and into stable housing.

Moving Forward: 

Empowered by research on best practices and knowledge about the impacts of criminalization, we have an opportunity as a community to move forward in more informed and compassionate ways. 

We know that criminalizing homelessness is ineffective, expensive, traumatizing, and inhumane. Together, we can advocate for solutions that respect the dignity and humanity of all of our community members, housed or unhoused. Now is the time to choose and advance courageous, compassionate, and community-oriented solutions that resolve homelessness in Santa Cruz County.

To continue your education around the criminalization of homelessness, explore these resources: