After Supreme Court decision, Salvation Army reiterates mission to meet 'human needs'

The Salvation Army says it remains focused on helping communities across the country following a Supreme Court ruling that could pave the way for local jurisdictions to adopt tougher penalties for homeless people.

“Last year, The Salvation Army provided eight million nights of shelter to those who had no safe place to rest. As the nation’s largest private provider of social services, The Salvation Army continues to focus on meeting human needs in the name of Jesus Christ without discrimination,” said David J. Kennedy, Salvation Army spokesman. The North West Division said in a statement shared with The Chronicle: “We encourage anyone in need of shelter, food or support to visit their local Salvation Army.”

The statement follows a Supreme Court ruling that restrictions on public camping do not constitute “cruel and unusual punishment.” In a dissenting opinion, Justice Sonia Sotomayor said sleep is a “biological necessity, not a crime” and that the regulations penalize people simply for being homeless.

“It is possible to recognize and balance the challenges facing local governments, the humanity and dignity of the homeless, 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: stay awake or be arrested.”

The case was brought against a Grants Pass, Oregon, ordinance that banned camping in public spaces, which carried fines starting at $295. The ordinance also banned the use of blankets, pillows or cardboard 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 24 hours’ notice, and the 9th U.S. Circuit Court of Appeals upheld the district judge’s decision.

The Ninth Circuit Court of Appeals found that Grants Pass’s ordinances violated the Eighth Amendment’s ban on cruel and unusual punishment, and the city asked the Supreme Court to review them.

According to the Seattle Times, jurisdictions across the West Coast are considering stricter regulations in response to the rise in homelessness. In an amicus brief supporting the Grants Pass case, Seattle City Attorney Ann Davison wrote that Grants Pass and Martin v. Boise “have crippled the ability of local communities to address the (homeless) problem in places where it is most severe,” according to the Seattle Times.

Following Friday’s ruling, the National Homelessness Law Center (NHLC) said that “arresting or fining people who are trying to survive is costly, 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 welcomed Sotomayor’s dissent.

“Cities now have even more power to disregard proven housing solutions and arrest or fine those who have no choice but to sleep outside,” NHLC said. “While we are disappointed, we are not surprised that the Supreme Court ruled against the interests of our poorest neighbors.”

Local impact

Last year, several local jurisdictions adopted stricter penalties for camping on public lands. In March 2023, the Chehalis City Council unanimously banned camping on public lands, according to a previous Chronicle report.

“I’ve been waiting for this for a long, long time and I think we should just do it,” Chehalis Mayor Tony Ketchum said after the ordinance was passed.

At the time, city officials said they were working to draft an ordinance consistent with current case law, including the Grant’s Pass decision.

“Kevin Nelson deserves a lot of credit for getting a legally defensible ordinance from the council in a short period of time,” Councilmember Kevin Carns told the Chronicle after the ordinance passed.

Months later, Centralia followed with its own set of restrictions. At a city council meeting in July, members passed an ordinance banning camping on city streets and limiting the amount of time an RV can be parked on city streets, according to a previous Chronicle article.

Illegally parked RVs can now be towed and impounded, and owners can face penalties ranging from $20 to $500.

“I think the ordinance is a little bit ahead of the curve right now as we try to figure out a safe overnight parking situation for RVs, to get that done,” said Elizabeth Cameron, the only 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 land that Lewis County Commissioner Sean Swope said could “very well result in jail time” for violators.

The ordinance prohibits unauthorized camping or camping on county lands “except in areas specifically designated, designed or constructed for such purpose.” No penalties will be imposed if the violator moves “within a time reasonable under the circumstances” after being contacted by law enforcement, according to the ordinance.

It also states that law enforcement must inform a potential offender that “resources are available at a shelter located in Lewis County.”

At the Aug. 23 meeting, Commissioner Lindsey Pollock called the measure a “first step” and raised the possibility of a secure 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 provide “humanitarian services,” a suggestion he later dropped after receiving additional feedback from the community.

The Supreme Court’s decision comes as a plan to open a new overnight shelter in Lewis County struggles to move forward.

In May 2022, Lewis County officials selected a housing site at 2015 NE Kresky Ave., the former Washington State Employees Credit Union.

Alleging that 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 approval for the project was blocked.

Weeks later, commissioners voted to dismiss the lawsuit and said they anticipated further cooperation between the city and county on the project.

“In light of the anticipated cooperation with the City of Chehalis on the permanent overnight shelter, I move that we dismiss the… lawsuit,” Commissioner Lindsey Pollock said June 4.

Jointly operated by Ellensburg-based HopeSource and the Salvation Army of Lewis County, the permanent shelter could house up to 70 people, according to initial plans for the shelter. Last year, the county received about $2.5 million in state funds to fund the shelter, according to previous Chronicle reporting.

The Salvation Army of 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 Saturday, saying the Supreme Court’s decision “marks a pivotal moment in our ongoing efforts to balance compassion, public safety and accountability in the fight against homelessness.”

“By giving law enforcement the authority to regulate public camping, we can preserve the integrity of our parks, streets, and public spaces, making them safer and more accessible to all,” Swope wrote. “This decision allows us to address not only the symptoms but also the underlying issues that contribute 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.

According to a Washington State Department of Commerce report released in March, the number of homeless people in Washington increased by about 12% between 2022 and 2023. The report found that the number of homeless people increased by 21% statewide between 2022 and 2023, excluding King County.

The report found that “the most populous counties along the I-5 corridor reported the highest number of people living in places not intended for habitation.”