Protesters Rally in Eureka Saturday for ‘Right 2 Rest’ as Supreme Court Decision Looms on Homelessness Rights

A flier advertising the rally for the “Right @ Rest” organized by HHEAL can be found on their social media.

In response to the pending Supreme Court decision regarding the rights of homeless individuals to sleep outdoors when no accessible or appropriate shelter is available, a “Right 2 Rest” protest has been planned for Saturday at the county courthouse. Local advocates for homeless rights, unhoused community members, and supporters of humane and practical solutions to the ongoing crisis are expected to rally at the courthouse for the demonstration at noon.

Tiffany Lafoon from HHEAL (Humboldt Homeless Expertise And Leadership) is calling attention to the ongoing legal battle against the criminalization of homelessness in the US, particularly focusing on the Ninth Circuit Court of Appeals’ rulings. Despite these rulings, municipalities continue enforcement actions deemed unconstitutional.  In the landmark case of Martin v. Boise, the Ninth Circuit Court of Appeals ruled in 2018 that it is cruel and unusual punishment to criminalize camping on public property when the people in question have nowhere else they can legally sleep. In 2019, the Supreme Court declined to hear an appeal of this case, solidifying the ruling’s impact.

Lafoon emphasized the disconnect between these rulings and actual enforcement, speculating that “municipalities and police are eagerly waiting for the Federal Supreme Court to perhaps overturn these protections, thereby allowing unchecked criminalization of homelessness.” During the interview, Lafoon explained that the ongoing legal battle hinges on whether homelessness is considered a condition or an action. “If they rule it’s a status, they can’t criminalize it. But if it’s considered conduct, the possibilities for punitive measures will increase significantly.”

Lafoon explained that part of the legal determination that she expects will be made relates to a distinction between circumstance and choice. As an advocate for the rights of the unhoused, she said, “They’re exploring whether homelessness is a behavioral choice or an unavoidable condition. They’re also considering if sleeping outside is a necessity akin to breathing, which can’t be criminalized, versus public health risks like going to the bathroom outside, which they argue justifies criminalization.”

A sign making party was attended by several folks who were intent on painting large banners and colorful painted signs advocating for the already existing right to sleep or camp outside when accessible shelter is unattainable, per the currently standing law. [Photo by Ryan Hutson]

Lafoon, with other members of HHEAl and those in the communities they serve, called for community action. She said, “We would like to see pressure placed on the Eureka City Council and the Arcata City Council and maybe the county board of supervisors to not criminalize homelessness anymore. We’re advocating for them to even decrease current criminalization efforts.”

Nanette Dean, sharing her personal experience with homelessness, echoed Lafoon’s sentiments. “I was safer in that community than I was in my neighborhood. When I was married and making house payments—the All-American dream with the house painted and carpeted. When I became homeless, I was so scared. I didn’t know these people; I just heard horror stories. You know what I found? The majority of them were there due to circumstances they couldn’t control. And once they got down there, they couldn’t get back up.”

Dean highlighted the stigma associated with homelessness, noting that a little humanity goes a long way, and expressed hope that the community would be supportive of her “Right to Rest” outdoors, if needed. “I think that it’s going to get worse, because I think people are afraid of the unknown. And there’s so much bad stigmatization being associated with houselessness.” Dean is currently struggling to keep a small apartment on a limited income and relies on the outreach services and moral support provided by groups like HHEAL.

An outreach coordinator who assists HHEAL also weighed in, emphasizing the importance of community support and proper resource allocation. “We need to look beyond punitive measures. We need to provide real solutions that include access to affordable housing and essential services. Criminalizing homelessness only pushes the problem out of sight without solving it.”

She added that basic human dignities such as a secure place to sleep, hygienic care and healthy food, are critical to maintaining wellbeing.  The struggling mother, who is also unhoused, said “Without those things you’re going to lack and your mental state will, like rapidly, just crumble and you wouldn’t be no good for anybody or anything, even yourself.”  She passionately added, “I just would like to be able to prove myself. I’m a people pleaser. I go over and beyond for anything, whether it’s positive or negative. Some of these people just really need to [feel] like a person.”

She posed a critical question to local elected officials and state lawmakers, saying, “I want to ask all these people that are passing these laws, how many paychecks are you away from homelessness? How many paychecks would it take you missing before you’re facing being on the streets? It’s a real possibility, and that’s something everybody needs to consider.”

[Photo by Ryan Hutson]

The demonstration on June 1st at noon at the courthouse aims to press local city councils and the County Board of Supervisors to “stop the criminalization of homelessness” and in turn, address housing affordability more effectively. “We need to keep this issue in the public eye and apply pressure on our representatives. Our cities don’t have to enforce punitive measures,” Lafoon urged, as the Supreme Court gears up for a critical ruling by the end of June.