TAHLEQUAH, Oklahoma –Homeless individuals were banned from sleeping in public places the heart of the Cherokee Nation in 2023, and area residents say the U.S. Supreme Court’s upholding of the same ban imposed by the city of Grants Pass, Oregon, will worsen the situation across the country.
Municipal statute in Grants Pass prohibits activities such as camping on public property or parking overnight in the city’s parks. A SCOTUS ruling on the case stated homelessness is not a status protected by the Eight Amendment’s prohibition on cruel and unusual punishment; therefore, laws banning homeless people from sleeping in public spaces is constitutional.
Pastor Shana Dry, of First United Methodist Church in Tahlequah, said God’s plan is to love others, and she wonders how this ruling shows that love.
“Cruel and unusual punishment is not having a place to go,” Dry said. “A ban on sleeping in parks and public places is not stepping up to help as Christ has called us all to do.”
The 6-3 ruling stated the “Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest those rights and responsibilities from the American people and in their place dictate this nation’s homelessness policy.”
District 27 District Attorney Jack Thorp has mixed feelings on the issue because he has a heart for the homeless, and as a community leader, he believes the roots of the problem need addressing: mental health, drug addiction and extreme poverty.
“However, I agree with the court in this enforcement of the laws regarding restrictions on where individuals may habitate are appropriate,” Thorp said. “I do not believe the intent of the Framers behind the Eighth Amendment, regarding cruel and unusual punishment, considered criminal enforcement of laws regarding homelessness.”
Among those working with the unhoused is Ed Blanchard, director of the Tahlequah Day Center. Seated in his office and visiting with new client Aud “Buddy” Raney, age 80, Blanchard talked about the ruling and how it would affect people like Raney.
“Our friend Aud moved here from Okmulgee to prove his Cherokee Nation heritage, and the first couple of weeks while he was here, he was sleeping under a tree,” Blanchard said. “So he is the definition of what this ruling is all about.”
Blanchard said Raney has income, but no affordable place has been found for him.
“[This ruling] is a terrible situation because it’s addressing a broad problem with a narrow viewpoint like defining what’s cruel,” Blanchard said. “I don’t think it is going to be beneficial for the city or the people of the city, because it’s going to put more of a hardship on [those] struggling with fines, jail time, trying to better themselves, and when they get out, they have to start all over.”
Blanchard said that after this happens, people get the attitude of “why try.” Several of the Day Center’s clients are employed, but the cost of housing is prohibitive.
“They need places where they can go to sleep and eat, like in Tulsa, and don’t reject anybody for any reason,” Raney said. “This will wipe out a lot of people in California because they sleep on the streets out there, and the government is going to have to find housing for them.”
Terry Wilson, a cook at the Day Center, is currently between homes. He is not sleeping on the streets but has in the past.
“I think this is from people who aren’t dealing with it or haven’t ever dealt with homelessness,” Wilson said. “It’s easy for them to say it’s constitutional to keep them from having a place to sleep. But when you do that, people have to slink into the shadows, and that’s where people get hurt, and some find addiction.”
The Men’s Shelter houses those who are on the path of sobriety and establishing lives that support their needs for housing and employment. Sam Bradshaw is president of the shelter and Peaceful Warrior’s Way, and he said homelessness has many causal factors, requiring comprehensive strategies.
“Arresting people will not make the problem go away,” Bradshaw said. “We must work together to drill down to the root causes and develop comprehensive plans to address homelessness.”
Chelle Lewis, who is working with Tahlequah Resource Outreach Team to ways to combat homelessness, said ordinances of this nature reflect an unwillingness to recognize that high-risk individuals are still members of the community.
“Instead, the focus should be on providing mechanisms to support these individuals, rather than make their lives even more difficult,” Lewis said. “Efforts here in Tahlequah reflect a community that wants to serve rather than ostracize.”