The U.S. Supreme Court has agreed to hear arguments on whether local laws aimed at preventing homeless encampments amount to “cruel and unusual punishment” against the homeless.
Last Friday, SCOTUS announced it would consider the issue following a series of rulings from the court. Ninth Circuit Court of Appeals — A federal appeals court with jurisdiction over all Western states, including Alaska, Arizona, California, Oregon, and Washington.Generally they are judgment It ruled that denying homeless people a place to sleep on the street constitutes “cruel and unusual punishment,” which is prohibited by the Eighth Amendment to the U.S. Constitution.
In some cases, 9th Circuit The panel ruled 2-1 that San Francisco cannot enforce ordinances prohibiting “sleeping, lodging, or camping on public lands,” including parks. All justices who voted for the majority were Biden appointees. The only opponent was appointed by former President Donald Trump.
In another example, a Ninth Circuit panel found that Grants Pass, Oregon, a city of about 38,000 residents, was not allowed to use “blankets, pillows, or cardboard boxes for protection from the elements.” The court ruled 2-1 that it could not be prohibited. We will not provide it.”proper shelterWhen the case was presented to the full court, the panel's decision was upheld 14-13.
Grants Pass immediately appealed this decision to the Supreme Court. Thean Evangelis, an attorney representing Grants Pass, said the Ninth Circuit's decision is not only “legally wrong,” but also “ties the hands of local governments dealing with the looming homelessness crisis.” insisted.
The ruling “actually harms the very people it purports to protect,” she added.
Many Western state leaders, including California Governor Gavin Newsom, joined the Grants Pass call to better understand how to address the homelessness crisis within their own jurisdictions.
“California has invested billions of dollars to address homelessness, but the court's decision ties the hands of state and local governments to address this problem,” Newsom said. There are reportedly nearly 600,000 homeless people in the state. “The Supreme Court can now correct course and end the costly delays caused by litigation that have plagued our efforts to clear encampments and provide services to those in need. ”
Attorney Ed Johnson, who filed a lawsuit against Grants Pass on behalf of several homeless people, said local ordinances such as Grants Pass's ordinance threaten homeless people, and that many homeless people simply live off the streets. claimed that they had no choice. “The question before the court is whether the city can punish homeless residents simply because they exist without access to shelter,” he said. “Yet, some politicians and others have cynically and falsely blamed law enforcement for the cause of the homelessness crisis in order to distract the public and avoid responsibility for years of policy failures. There is.”
court documents In at least some cases, city officials have tried to offer homeless people temporary shelter in local facilities, but indications are that those offers have been rejected. They also cited the concerns of other residents who worry about the crime, disease and epidemics that homeless camps often bring.
The high court said it plans to hear arguments in April and issue a decision in June.
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