Marin Voice: Use Supreme Court’s Grants Pass decision as call to action
Several weeks ago, while driving to work, I witnessed a scene that embodies the housing crisis that we at Legal Aid of Marin see every day. I saw a man in his late 40s or early 50s, wearing a pressed collared shirt, standing behind his van. The open back door revealed a mirror and, as I got closer, I realized he was shaving.
At that moment, I knew I was watching someone who lacked a private space for this basic task – someone likely experiencing housing instability.
This encounter forced me to reflect on how the face of homelessness in Marin isn’t always what we might expect. Sometimes, it looks like someone shaving while getting ready for work.
Why do we often shy away from the housing crisis unfolding before our eyes? Is it because we judge unhoused individuals, believing their precarious position is their fault? Is it because we don’t think we have a responsibility to help? Or perhaps the fear of not knowing how to solve homelessness keeps us from taking action? Whatever the reason, it doesn’t really matter. The reality is that the housing crisis is hurting thousands of our Marin neighbors, and it’s time to do something about it.
Late last month, the U.S. Supreme Court handed down a devastating decision in Grants Pass v. Johnson. The Court overturned the 9th Circuit’s ruling in Martin v. Boise, which had held that cities cannot enforce public camping bans against homeless people if there are more homeless individuals than available shelter beds.
The court stated that policy decisions about addressing homelessness should be made by elected officials, not federal judges interpreting the Eighth Amendment, which protects against “cruel and unusual punishment.”
This decision will effectively criminalize homelessness by stripping away protections that once prevented the government from arresting people who have no choice but to sleep outside. As Justice Sonia Sotomayor put it in her dissenting opinion, unhoused people will be faced “with an impossible choice: Either stay awake or get arrested.”
In these times, government action hostile to marginalized communities seems almost inevitable. After all, history has taught us that abuse of power comes as no surprise. It’s easy to despair in the face of human suffering. But, I assure you, we can do something about Marin’s housing crisis. We can take tangible steps that will change so many lives for the better. We must act together, humbly acknowledging that while we don’t have all the answers, our collective effort is greater than the sum of its parts.
Let’s use Grants Pass as a call to action with specific steps we can take to help our unhoused neighbors. Here are some ideas:
• Attend city, town and county government hearings. Ask your elected officials to commit to addressing Marin’s housing crisis with compassion, equity and fairness for all.
• Learn about renter protections (including rent stabilization), “just cause” eviction laws, rent registries, public land trusts and other policies that can significantly improve housing stability for countless individuals.
• Volunteer for and donate to social services organizations, food banks, homeless shelters and nonprofits committed to helping unhoused people.
• Vote in favor of the Bay Area Housing Finance Authority regional affordable housing bond in November.
Legal Aid of Marin will continue to support our unhoused neighbors by advocating for policies that reduce barriers to housing instead of strengthening them. We will provide access to restorative programs like Marin Community Court and help unhoused people access legal, social, mental health and other safety net services.
We will continue to be a voice for marginalized communities in Marin who deserve our compassion. And we will use our power to ensure that housing justice becomes a reality in Marin.
The time to act is now. Let’s stop looking away from human suffering and start building a Marin that we can all call home.
Laura McMahon, of San Francisco, is executive director at Legal Aid of Marin.