Following the June 28 U.S. Supreme Court ruling in Grants Pass, Oregon v. Johnson, End Domestic Abuse Wisconsin (End Abuse) expressed concerns about the impact of the decision on survivors of domestic violence (DV) in Wisconsin and nationwide.
The ruling upheld an OR city’s ordinances that prohibit those experiencing houselessness from using blankets, pillows, or cardboard boxes while sleeping within city limits, and ruled anti-camping bans do not violate the Eighth Amendment’s prohibition on cruel and unusual punishment. The Court stated that, “…nothing in today’s decision prevents States, cities, and counties from… declining to criminalize public camping altogether.”
The court’s decision is understood by DV advocates as carrying harmful implications for those experiencing homelessness – including survivors of DV. Advocates highlight that people rely on the safety and shelter provided by homeless encampments for survival, especially when there is no other option for shelter. With massive federal funding cuts to local DV shelters coming this October which will further limit agencies’ capacity to serve those in need, survivors are particularly at risk.
“The ruling,” said End Abuse Executive Director Monique Minkens, “makes it easier to criminalize homelessness and creates a difficult path for those experiencing homelessness to later secure permanent housing. This will open the door for like-minded communities to implement punitive processes on their most vulnerable members, including survivors.”
Federal data shows “homelessness in this country has reached its highest levels since the government began reporting data on the subject in 2007.” Fifty-seven percent of unhoused women report DV as their immediate cause of homelessness (2018 Safe Housing Partnerships survey), and those aged 50 or older are the fastest-growing group of people experiencing homelessness in the U.S.(National Alliance to End Homelessness) . Wisconsin aligns with this data and is experiencing what is widely deemed an affordable housing crisis. In WI, 73% of unmet requests at DV agencies are for emergency shelter, hotels, motels, transitional housing, and other housing (NNEDV).
For several sessions, the WI legislature has not passed legislation that similarly criminalizes homelessness. “End Abuse will continue our policy efforts to mitigate the harms that this decision will cause,” said End Abuse Policy Director Jenna Gormal. “We urge communities to consider that 90% of homeless women experience severe physical or sexual abuse at some point in their lives, and to use harm reduction tools and best practices while supporting those fleeing interpersonal violence and exploitation.”
Note to Media: We encourage reporters to include the National Domestic Violence Hotline [1−800−799−SAFE (7233)] and the National Sexual Assault Hotline [1-800-656-4673] in their stories for victims who need help. A list of local Wisconsin domestic violence victim service providers can be found at www.endabusewi.org/get-help. A list of local WI sexual assault victim service providers can be found at www.wcasa.org/survivors/service-providers. A list of local WI Black and Brown culturally-specific domestic violence and sexual assault victim resources can be found at www.bbwpcoalition.org/resources-in-wi
End Domestic Abuse Wisconsin: The Wisconsin Coalition Against Domestic Violence (End Abuse, www.endabusewi.org) is the leading voice for victims of domestic abuse in Wisconsin. At End Domestic Abuse Wisconsin, we educate shelter and program volunteers and advocates, law enforcement, legislators, and community members to provide safety and support to survivors. We strive to shift Wisconsin from the attitudes and beliefs that cause domestic violence to values of mutual respect and equity, and we partner with communities in the effort to prevent and end domestic abuse.