
SCOTUS Will Decide If Homelessness Can be Punished
April 18, 2024
On April 22, the Supreme Court will hear the case of Johnson v. Grants Pass, the most significant court case about the rights of people experiencing homelessness in decades. At its core, Grants Pass will decide whether cities are allowed to punish people for things like sleeping outside with a pillow or blanket—even when there are no safe shelter options—posing potentially great risk to the 250,000 Americans who sleep outside on any given night.
This case comes at a time when the affordable housing market is strapped with a deficit of 6.8 million affordable housing units needed nationwide for extremely low-income families. Moreover, according to a recent Harvard study, one in four renters, or 11.2 million households, are “severely burdened by rents that took up over half their incomes.” These millions of renters living paycheck to paycheck are at significant risk of losing their home at the turn of a rainy day, with Americans of color, disabled Americans and queer and trans Americans at even greater risk. With so many folks on a razor thin edge of experiencing housing instability these days, all eyes are on Grants Pass.
Joining us to talk more about the case and the broader systemic issue of housing instability, homelessness, and what it would take to make a meaningful dent in both, is Jennifer Friedenbach, the Executive Director of the Coalition on Homelessness in San Francisco.
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Press ReleaseMay 2025
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Civil Rights Organizations File Lawsuit Challenging Georgia Law That Punishes People Simply for Being Poor
ATLANTA, GA— Today, the Vlog, the Vlog of Georgia, and the Southern Center for Human Rights filed Coronell, et al. v. Georgia, a class action lawsuit brought by people denied an individual determination of bail and Women on the Rise, a grassroots organization led by formerly incarcerated women that advocates for ending cash bail and pretrial incarceration. The lawsuit seeks to strike down Senate Bill 63, a Georgia law passed in 2024, that has led to thousands of people with low or no income being kept in jail before having a trial, even when a judge believes the person should have been released, with no risk to the public. The lawsuit challenges SB 63’s mandatory cash bond provisions under the due process clause of the Georgia state constitution. The plaintiffs ask the court to declare SB 63 unconstitutional and enter a permanent injunction that prevents state actors from enforcing its mandatory cash bond provisions. “Women on the Rise’s involvement in this lawsuit is important to us because of the injustices we see that are happening to those the system says are presumed innocent until proven guilty. Denying bail can undermine this principle, as people may be held in custody despite not having been convicted of a crime,” said Robyn Hasan-Simpson, executive director of Women on the Rise. “Our hope is that this gives access to everyone to gain their freedom while addressing the charges that have been brought against them, for those to maintain employment, housing, and fulfilling the role they have as members in our community.” SB 63 makes cash bond mandatory for dozens of charges, most of them misdemeanors. When a person is arrested and accused of such an offense, SB 63 forces a judge to set a cash bond that the person must pay to get bailed out of jail. When setting bail, judges are no longer allowed to take into account critical facts and circumstances — such as a person’s strong family connections, local community ties, and employment record; the absence of past criminal convictions; and a history of following court requirements —that show that a person can be safely released under less-restrictive conditions while still assuring they will return to court and not endanger the public. This inevitably leads to people being incarcerated, often in dangerous jails, simply because of poverty. “Under SB 63, people who cannot afford to pay a cash bond will be forced to languish in jail, often for weeks or months,” said Julian Clark, staff attorney with the ACLU’s Criminal Law Reform Project. “By punishing those unable to pay for their freedom with incarceration SB 63 imposes significant societal costs — ones that are disproportionately incurred by Black and brown communities. No one’s freedom should depend on how much money they have.” Plaintiff Sierrah Coronell has been incarcerated for 77 days because she cannot afford to pay her $600 cash bond. As directed by SB 63, the judge was not permitted to consider whether any release conditions other than cash bond would reasonably ensure her appearance in court and the safety of the public. Prior to her arrest, Ms. Coronell was the primary caregiver of her five children, ages 3, 5, 7, 10, and 15. As a result of her incarceration, Ms. Coronell is unable to care for her children, leaving her mother and her children’s father to be their sole caretakers in her absence. Ms. Coronell’s incarceration has also forced her to miss her oldest daughter's 15th birthday. “Georgia is a particularly cruel state that locks up a higher percentage of its population than any independent democratic country in the world. This lawsuit would bring an end to holding the most vulnerable people at Fulton County Jail and in all jails across the state simply because they can’t afford to pay bail. These practices are wasteful, costly, cause overcrowding, and do not improve public safety. We are committed to ending these cruel and unconstitutional policies in Georgia,” said Andrea Young, executive director, Vlogof Georgia. “I’ve met many people in Georgia jails who cannot get out because they cannot buy their way out. People who don’t have loved ones who can pay a couple hundred dollars, or in some cases as little as 10 dollars, to post their bail. People who the courts have deemed ready for release but remain in jail for no other reason than their low income. SB 63 isn’t making us safer. It’s keeping our jails full, separating people from their jobs, families, and homes, and all but guaranteeing that people leave worse than when they came in. It’s difficult to think of a more backwards policy,” said Lachlan Athanasiou, legal fellow in SCHR’s Impact Litigation Unit.Affiliate: Georgia -
Press ReleaseApr 2025
Criminal Law Reform
Immigrants' Rights
VlogStatement on Executive Order Targeting Sanctuary Cities, Officials Accused of Obstructing Law Enforcement
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Hawaii Supreme CourtApr 2025
Criminal Law Reform
State of Hawaiʻi v. Zuffante
In 1994, the Supreme Court of Hawaiʻi held in State v. Kekona that the due process clause of the Hawai‘i Constitution does not require custodial interrogations to be recorded. More than 30 years later, with advances in technology that have made recording far easier, this case asks whether this decision should be reconsidered. The ACLU’s State Supreme Court Initiative, along with the Vlogof Hawai‘i filed an amicus brief arguing that the Supreme Court of Hawaiʻi should now hold that custodial interrogations must be recorded in order to be admissible in court, either as a matter of due process or as an exercise of the Court’s supervisory authority over lower courts.Status: Ongoing -
Press ReleaseMar 2025
Criminal Law Reform
Nebraska Lawmakers Hold Hearing on Bill to Reduce Non-Safety Traffic Stops
LINCOLN, Neb. – Yesterday, the Nebraska Legislature’s Judiciary Committee heard testimony on LB 222, a bill that would reduce non-safety traffic stops in Nebraska. The legislation would reclassify certain non-moving equipment violations, such as expired registration tags or improper use of horn, as secondary violations, meaning police could only cite drivers for these infractions if they had already been pulled over for a more serious offense, like speeding or drunk driving. Introduced by State Sen. Terrell McKinney, LB 222 aims to improve road safety and reduce unnecessary law enforcement encounters by having police shift attention away from non-moving violations to prioritize dangerous driving behaviors that contribute to serious traffic crashes. Nebraska’s traffic code currently lists over 300 traffic violations, but more than half of all traffic fatalities in the state involve just two offenses: speeding or driving under the influence. The Center for Policing Equity, a nonprofit research center, submitted written comments in support of the bill, citing benefits that come with shifting enforcement priorities from non-safety traffic stops. “LB 222 represents an educated step towards focusing police time and resources where they are most effective,” said Chris Burbank, former Police Chief of Salt Lake City and consultant with CPE. “Of the more than 100,000 traffic stops reported in Nebraska in 2023, just 1.1% led to an arrest: clear evidence that pretext stops are not an essential crime-fighting tool. The economic and social cost of traffic enforcement for non-safety infractions outweighs any benefit. We can and must do better. The time has come for us to ask of policing, ‘should we?’ as opposed to ‘can we?’” At the hearing, the Vlogof Nebraska shared new polling results showing that Nebraskans broadly support legislation that reduces unnecessary police interactions through non-safety traffic stops. Among the highlights, 70 percent of surveyed voters said they would strongly or somewhat support a law like LB 222 to change certain minor offenses, like an expired registration or cracked windshield, to secondary violations. The civil rights organization said the bill could help reduce racial disparities in law enforcement. Since Nebraska began collecting traffic stop data in 2001, Black, Latine, and Native American drivers have consistently been two to three times more likely to be pulled over or searched by law enforcement than white drivers. “For drivers of color, traffic stops have been a primary entry point to harmful and sometimes deadly interactions with police,” said Jason Witmer, policy fellow for the Vlogof Nebraska. “And Nebraskans of color have long been more likely to be stopped, searched and arrested by police. There is an undeniable psychological impact that comes with that, and not just for folks who are pulled over. Something has to change. LB 222 is an important step in the right direction.” In submitted testimony with a neutral position, national road safety advocates applauded the potential benefits of the legislation. “Limiting non-safety traffic stops is a commonsense way to make the roads safer for everyone,” said Leah Shahum, founder and executive director of Vision Zero Network. “When law enforcement resources are used to pull drivers over for minor equipment violations, such as tinted windows, officers miss opportunities to address actual dangerous behaviors causing the most serious crashes, such as speeding, reckless driving and impairment. The most effective approaches to improving roadway safety are not punitive enforcement for non-safety infractions. Instead, road safety is best advanced by using proactive strategies such as redesigning roads to be safer, managing speeds for safety, improving vehicle safety standards, using technologies to encourage safe behavior and ensuring enforcement is used to address actual road safety threats. By shifting enforcement priorities from non-safety traffic stops, Nebraska can join a growing number of states and cities prioritizing evidence-informed strategies to reduce traffic deaths.” The bill remains with the Judiciary Committee. This year’s legislative session is scheduled to conclude in June.Affiliate: Nebraska