- The U.S. Supreme Court upheld an anti-camping law in Grants Pass, Oregon, allowing authorities to ban homeless people from sleeping in public parks and on the streets.
- The Court voted 6-3 to overturn a lower court ruling that found enforcing these laws without a place of refuge violated the Eighth Amendment to the U.S. Constitution, which bans cruel and unusual punishment.
- A Grants Pass ordinance prohibits sleeping on public roads with blankets or bedding and makes it punishable by fines and possible jail time.
The U.S. Supreme Court on Friday upheld an anti-camping law used by officials in an Oregon city to stop homeless people from sleeping in public parks and on public streets, a decision that gives local and state governments more leeway in addressing the nationwide homelessness problem.
The Supreme Court ruled 6-3 to overturn a lower court decision that had found that enforcing the ordinance when the city of Grants Pass lacked homeless shelter space violated the Eighth Amendment’s ban on “cruel and unusual” punishment. Similar laws have been adopted in various jurisdictions.
The Supreme Court was dominated by conservative justices, with three liberal justices dissenting.
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Homelessness remains a complex issue for U.S. public officials, as many cities suffer from a chronic shortage of affordable housing. The U.S. government estimates that more than 600,000 people are homeless on any given night.
U.S. Supreme Court in Washington, DC, June 28, 2024. The U.S. Supreme Court on Friday upheld an anti-camping law used by city officials in Oregon to stop homeless people from sleeping in public parks and on public streets, a decision that gives local and state governments more leeway in addressing the national homelessness crisis. (Valerie Plesch/Bloomberg via Getty Images)
The lawsuit focuses on three ordinances in Grants Pass, a city of about 38,000 in southwest Oregon, that prohibit people from sleeping on public streets, alleys and parks using blankets or bedding. Violators are subject to a $295 fine. Repeat offenders can be criminally charged with trespass, punishable by up to 30 days in jail.
Homeless advocates, various liberal legal groups, and other critics say these laws criminalize people simply for being homeless or for unavoidable behavior like sleeping in public. They point to a 1962 Supreme Court decision and argue that the Eighth Amendment prohibits punishing individuals based on their status rather than their actions.
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At issue during Supreme Court arguments in the case in April was whether homelessness can be considered a circumstance that prohibits the enforcement of local laws.
President Joe Biden’s administration agreed with the plaintiffs’ arguments that Grants Pass cannot impose a “blanket ban” on sleeping within the city, which would effectively criminalize the homeless, but suggested the lower court’s ruling against the city was too broad and should be reconsidered.
Supporters, including government officials, say such laws are necessary measures to maintain public safety.
The lawsuit, which began in 2018, was brought by three homeless people in Grants Pass who filed a class action lawsuit to block measures that would affect them. One of the plaintiffs has since died.
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U.S. Magistrate Judge Mark Clark ruled that the city’s “policies and practices that punish homelessness” violate the Eighth Amendment to the U.S. Constitution and barred enforcement of the camping ban. The San Francisco-based 9th Circuit Court of Appeals upheld Clark’s injunction.
The city defended itself in the suit by pointing out that homeless people have options outside the city, including nearby undeveloped federal land, county campgrounds and state rest areas. The judge said the argument “reveals the city’s attitude toward homelessness” by trying to drive homeless people out or punish them if they stay.
