New North Dakota law impacts the local unhoused community

During the summer, the Supreme Court made a decision that will affect a specific minority in every city – the homeless. On June 28, 2024, the Supreme Court Justices ruled that cities now have the legal right to remove and punish people for sleeping in public places. While the opinion is ostensibly targeted at others such as backpacking vacationists or an inebriated college student, it is impossible to ignore the implications this will have on the unhoused community.
The unhoused population in the FM area has been steadily increasing over the years. In 2022, the FM Coalition released its annual report that around 957 people have experienced homelessness on any given night during the 2021 year. The report also showed that over 3.5 thousand residents received homeless services in both Clay and Cass counties.
Beginning on Sept. 19, 2024, the city of Fargo implemented this decision and began to remove the encampments along the Red River and under bridges. Encampments like under the First Avenue North bridge were popular among the homeless community, providing shelter from adverse weather and hiding them from the eyes of the rest of the residents to escape any possible scrutiny or legal trouble.
This new decision can set homeless people back from trying to get out of the cycle of poverty they’re being sucked into. Police now can cite citizens camping within 100 feet of city buildings and 30 feet of public walkways – which are all common areas for unhoused to find temporary shelter. It’s already hard for them to get jobs with no permanent address, but adding fines they can’t afford and jail time to the mix? It’ll make it so much harder for them to get jobs for them to escape poverty.
A large number of people who experience homelessness suffer from mental health issues, medical issues, or a substance abuse problem that prevent them from being able to hold stable jobs or even work in the first place. For those dealing with chronic health issues, it is a very demanding and lengthy road to receive any sort of disability care, and when it is finally accepted – it’s barely enough to live on. The average rate of Supplemental Security Income (SSI) for an individual was $841 a month in 2022 (a little over $10k a year), which is still under the federal poverty line of around $18k for a single person. However, for people who deal with mental health issues or substance abuse, it is just as difficult to maintain a stable life and job without the supportive resources or funds to seek the help one might need.
As temperatures drop during the transition from fall to winter, shelter resources become increasingly strained. Local facilities often reach maximum capacity, providing limited bed availability for those seeking refuge from the harsh North Dakota climate. Earlier this year, the New Life Center added more beds to accommodate the increased demand, but they quickly filled to capacity.
With the city of Fargo enforcing this new legal precedent, the impact on the homeless community will be instantaneous and extreme. Without sufficient shelter space and resources, many will be left with few, if any, safe alternatives. The removal of encampments and the criminalization of public sleeping will only push the unhoused further into the edges of society, deepening the challenges they already face in securing employment, mental health support, and financial stability.
This policy shift highlights the urgent need for thorough solutions that address the root causes of homelessness, such as affordable housing, mental health care, and substance abuse treatment. Merely punishing those experiencing homelessness without providing achievable alternatives risks perpetuating a cycle of poverty and hardship. As winter approaches and shelter space remains scarce, cities like Fargo must explore more compassionate approaches that balance public safety with the basic human rights of their most vulnerable residents.