The local and national homelessness crisis in the United States is a deep-rooted, complicated problem.[1] Various factors affect homelessness across the United States including, social detriments, economic impacts, political influence, and racial disparities.[2] The U.S. Department of Housing and Urban Development (HUD) estimates 653,104 people in the United States experienced homelessness in 2023.[3] Minnesota’s homelessness substantially contributes to the national homelessness statistics. For example, approximately 10,522 Minnesotans experienced homelessness in 2024, and 3,472 of those individuals were not in a formal shelter.[4] Individuals who do not seek formal shelters may settle into homeless encampments as a cost-effective and safer alternative.[5] Are homeless encampments really that safe, and what is Minnesota doing to manage these encampments? The Supreme Court of the United States and Minnesota law makers provided guidance on how to best manage homeless encampments, as we will explore further.

A homeless encampment can be defined as, “places where a group of individuals experiencing homelessness reside that is not intended for long-term continuous occupancy.”[6] Oftentimes homeless encampments arise from “severe shortages of affordable housing, poverty, and insufficient resources.”[7] Individuals may choose to reside in homeless encampments for a variety of reasons such as (1) desire for community, (2) perceived increased safety and support, and (3) personal privacy.[8] Homeless encampments are not per se illegal; however, the Supreme Court of the United States recently broadened the forms of criminal punishments allowed against individuals residing in homeless encampments.[9] The Supreme Court (in City of Grants Pass v. Johnson) decided states will not violate the 8^th Amendment of the United States Constitution (guaranteeing no cruel and unusual punishment) when they penalize individuals residing in homeless encampments.[10] The Supreme Court believed homelessness, even if involuntary, should be managed by the states in any manner the state feels is necessary.[11] Now, state law enforcement personnel can fine, remove, and/or arrest individuals from their homeless encampments without provocation.[12] Per the Supreme Court, these types of punishments are not cruel or unusual because they are not “designed to [cause] terror, pain, or disgrace” to the individual.[13]

The result of the Supreme Court’s ruling in City of Grants Pass v. Johnson has many Minnesotans afraid of possible furthered negative consequences for residents of homeless encampments.[14] Specifically, imposing criminal penalties for residents of homeless encampments may cause increased displacement issues, mental health concerns, reduced social harmony, and “worsening legal and financial complications.”[15] Some community members and organizations critiqued the Supreme Court’s ruling, claiming criminal punishments may not be the best way to solve the homeless encampment crisis.[16] A more effective solution may include increased state housing funding for individuals experiencing homelessness, and/or increased funding for mental health and substance abuse services.[17] Minnesotans may notice improved community relations and reduced homeless encampments with better supported emergency shelters and/or community-based services (rather than penalizing individuals based on housing status).[18]

Minnesota responded to the Supreme Court’s decision in City of Grants Pass v. Johnson approximately three months later by amending a Minneapolis Housing Ordinance specifying strict encampment removal procedures that law enforcement personnel must follow.[19] The amended ordinance also provides temporary housing permits to individuals residing in homeless encampments or other forms of non-traditional housing.[20] Additionally, the City of Minneapolis will consider various factors affecting the greater community before removing a homeless encampment such as (1) neighborhood/geographic impact, (2) health impact, (3) safety impact, and (4) external impact.[21] Minnesota Governor, Tim Walz, enacted the Local Homeless Prevention Aid Act in 2021, which devoted Minnesota state funding to homeless crisis prevention services.[22] The state provided twenty million dollars across Minnesota Counties in 2024, with Counties having broad allocation discretion to use the funds as they deem necessary for their communities.[23] However, Minnesota state homelessness funding through the Local Homeless Prevention Aid Act will not increase in 2025, despite the ongoing need for increased housing services for residents of homeless encampments.[24]

Minnesota has not officially commented on the Supreme Court’s decision allowing criminal penalties against residents of homeless encampments.[25] Relatedly, Minnesota housing providers say criminal penalties against individuals sleeping on public property have not increased since the Supreme Court’s decision in June of 2024.[26] However, Minnesota will likely follow the Supreme Court’s rule and begin distributing criminal penalties against homeless individuals since less severe offenses are readily dealt (such as loitering, trespassing, and public urination) to maintain homeless encampment transience.[27] The legal battle over the homeless encampment crisis is nowhere close to a resolution and will likely continue long-term.

[1] Laura M. Houghtaling et al., Unaccompanied Unstable Housing Among Racially, Ethnically, Sexually, and Gender Diverse Youth: Intersecting Identities Bearing the Greatest Burden, 94 Am. J. Orthopsychiatry 311, 312 (2024).

[2] Id.

[3] U.S. Dep’t of Hous. And Urb. Dev., The 2023 Annual Homelessness Assessment Report (AHAR) to Congress (2023), https://www.huduser.gov/portal/sites/default/files/pdf/2023-AHAR-Part-1.pdf.

[4] Amherst H. Wilder Found., Single Night Count of People Experiencing Homelessness: 2023 Minnesota Homeless Study Counts and Data Tables (2023), https://www.wilder.org/sites/default/files/minnesota-homeless-study/2023/counts/Statewide-2023-Homeless-Counts_3-24.pdf?v=2.

[5] Rebecca Cohen et al., Understanding Encampments of People Experiencing Homelessness and Community Responses: Emerging Evidence as of Late 2018, U.S. Dep’t of Hous. And Urb. Dev. (Jan. 7, 2019), https://www.huduser.gov/portal/sites/default/files/pdf/Understanding-Encampments.pdf

[6] Nat’l League of Cities, An Overview of Homeless Encampments for City Leaders (2022), https://www.nlc.org/resource/an-overview-of-homeless-encampments/.

[7] Id.

[8] Cohen, supra note 5, at 4.

[9] See City of Grants Pass v. Johnson, 144 S. Ct. 2202, 2226 (2024).

[10] Id.

[11] Id. at 2218.

[12] Katelyn Vue, Supreme Court homelessness ruling: What it means for Minnesota, Sahan J. (Aug. 1, 2024), https://sahanjournal.com/housing/supreme-court-homeless-ruling-grants-pass-minnesota-concerns; Susan Du, Experts working to end homelessness in Minnesota say high court ruling will make jobs harder, Minn. Star Tribune (Jul. 2, 2024), https://www.startribune.com/experts-working-to-end-homelessness-in-minnesota-say-supreme-court-ruling-will-make-their-jobs-harder/600377966.

[13] City of Grants Pass v. Johnson, 144 S. Ct. at 2216 (2024).

[14] Shannon Smith Jones & Kizzy Downie, Compassion, not punishment, is key to ending homelessness, Minn. Star Tribune (Jul. 25, 2024), https://www.startribune.com/compassion-not-punishment-is-key-to-ending-homlessness/600386163.

[15] Id.

[16] Michelle Decker Gerrard & Stephanie Nelson-Dusek, Ruling in Grants Pass v. Johnson misses the mark on homelessness, Minn. Post (Jul. 3, 2024), https://www.minnpost.com/community-voices/2024/07/ruling-in-grants-pass-v-johnson-misses-the-mark-on-homelessness/

[17] Id.

[18] Id.

[19] Minneapolis, Minn. Rev. Ordinance 12 Ch. 244 (2024).

[20] Id.

[21] City of Minneapolis, City Response to Homelessness (2024), https://www2.minneapolismn.gov/government/programs-initiatives/housing-development-assistance/emergency-homeless/city-response/

[22] Laws of Minn. 2021, Ch. 14, Art. 7, Sec. 3.

[23] Minn. Dep’t of Revenue, Summary of Local Homeless Prevention Aid (LHPA) Certified for 2024 (2023), https://www.revenue.state.mn.us/sites/default/files/2023-07/2024-local-homeless-prevention-aid-summary.pdf; Minn. Interagency Council on Homelessness, Use of Funding & Resources (2024), https://mich.mn.gov/local-homeless-prevention-aid.

[24] Minn. Dep’t of Revenue, Summary of Local Homeless Prevention Aid (LHPA) Certified for 2025 (2024), https://www.revenue.state.mn.us/sites/default/files/2024-07/2025-local-homeless-prevention-aid-summary.pdf.

[25] Vue, supra note 12.

[26] Id.

[27] Id.