PORTLAND, Ore. (AP) — A lawsuit over homeless encampments is gaining momentum and is scheduled to be argued before the U.S. Supreme Court next month, with major implications for cities as the nation’s homeless numbers reach record highs. It is possible to give
Dozens of briefs have been submitted in recent days by the Justice Department, members of Congress, state attorneys general and others. They joined a growing number of Western state and local officials in filing briefs asking a judge to overturn a controversial lower court ruling that they say is blocking efforts to address the homeless encampment problem.
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In 2018, the 9th U.S. Circuit Court of Appeals (whose jurisdiction includes nine Western states) ruled that punishing “involuntarily homeless” people who sleep outdoors when there are not enough shelter beds It was ruled unconstitutional. Martin v. Boise ruled that doing so would violate the Cruel and Unusual Punishment Clause of the Eighth Amendment to the U.S. Constitution.
Social justice advocates have long supported the decision based on their belief that homelessness should not be criminalized, but rights groups such as the American Civil Liberties Union have yet to file briefs on the case. Not yet. Meanwhile, many Western officials say the decision leaves them unable to control the proliferation of encampments on sidewalks, parks and other public places.
Frank, a homeless man, sits in a tent overlooking the river in Portland, Oregon, on June 5, 2021. Homelessness is on the rise nationwide as a lawsuit over homeless camps is likely to be filed in the U.S. Supreme Court. Therefore, it can have a major impact on the city. reached an all-time high.
Homelessness rose 12% in the U.S. last year, the highest reported level, as rising rents and reduced coronavirus pandemic aid combined to make housing unaffordable for more Americans, the federal government says. This was revealed in the report. Approximately 653,000 people were homeless in January 2023, the highest number since the country began annual point-in-time surveys in 2007.
More than half of the people experiencing homelessness in the country resided in four states under the Ninth Circuit’s jurisdiction: California and Washington, as well as New York and Florida. A federal report from the Department of Housing and Urban Development estimates that about 28% of the nation’s homeless people are in California alone.
The Supreme Court case was brought by Grants Pass, a small city in the mountains of southern Oregon, which cited Martin v. Boise for a court order banning sleeping and camping in parks and other public places. Enforcement of local ordinances is prohibited. property. The city of Grants Pass said in its petition that it and other cities are “having difficulty responding to public encampments.”
The case has excited city, county and state officials across the West, including Democrats and Republicans, and a growing number of officials nationwide.
In a brief filed Monday in support of both parties, the Justice Department said the Ninth Circuit was correct in holding that ordinances punishing camping in areas without adequate shelter are unconstitutional. He said it was a “mistake” to apply the ruling. They apply to all homeless people “without the need for a more detailed examination of the individual circumstances to which these ordinances may apply.”
“The court declined to determine what proof is required to prove that an individual is involuntarily homeless. That was wrong,” said Attorney General Elizabeth Preloger and the civil rights attorney. Justice Department officials, including Assistant Secretary Kristen Clark, said in the filing.
The Justice Department asked the judge to reverse the Ninth Circuit’s decision and send the case back to the lower court for reconsideration.
Also on Monday, six members of the U.S. House of Representatives, including Rep. Cliff Bentz, whose district includes Grants Pass in Oregon, and five members of the House of Representatives representing California filed briefs in support of the petition. Lawmakers wrote that the Ninth Circuit’s ruling makes it “virtually impossible” for local governments to combat crime that may occur near encampments.
A coalition of 24 Republican attorneys general led by Montana and Idaho also recently endorsed the Grants Pass petition.
“The Ninth Circuit cannot and should not try to solve the problem of homelessness. States and local governments have the local knowledge necessary to address the problem, and they are “The final cost will be borne by state and local governments,” they said. I have written.
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Although the ACLU has not filed briefs, its Northern California chapter expressed concern about the case after the high court announced it would hear it in January, saying, “Incarcerated or not, “This could reopen the definition of cruel and unusual punishment that protects Americans.” Freedom from unconstitutional treatment in the criminal legal system. ”
Oral arguments before the justices are scheduled for April 22nd.
