Evicted From the Outside

In recent years, Maine has seen an increase in the number of people experiencing homelessness who are living outdoors. People living in these circumstances often shelter together in groups of tents or other temporary structures commonly referred to as “encampments.”As municipalities across Maine struggled with how best to respond to the increase in encampments across the state, the United States Supreme Court decided City of Grants Pass v. Johnson, a case originating in Grants Pass, Oregon. Grants Pass wanted to issue civil and criminal fines to people for sleeping outdoors, even when no alternative shelter was available. The city ultimately succeeded in its pursuit: the Supreme Court held that the Federal Eighth Amendment does not protect people experiencing homelessness from civil or criminal penalties for sleeping outside, even when no other shelter is available. Some cities in Maine lack any shelter for people experiencing homelessness, and Grants Pass allows these municipalities to penalize people for pursuing their only option: sleeping outdoors. However, because Grants Pass is not a mandate, Maine municipalities remain free to provide broader protections to people experiencing homelessness. This Preface recommends that Maine expand its shelter options and refrain from forcing people living in encampments to relocate. Doing so allows encampment residents to build trust in and ultimately access services. In shaping shelter options, this Preface recommends that Maine engage people with lived experience as subject matter experts. Finally, this Preface recommends that Maine focus its efforts to prevent homelessness on expanding affordable housing options and dedicating resources to preventing youth homelessness and the adverse childhood experiences that can lead to homelessness.