The supreme court of the United States has ruled in favour of anti-camping laws implemented by the city of Grants Pass, Oregon, to prevent homeless individuals from sleeping in public spaces such as parks and streets.
The decision allows police to ticket, fine or arrest those who sleep in public areas, a decision that could open the door for laws across the country to criminalize homelessness.
The 6-3 decision overturned a lower court’s ruling that found the enforcement of these ordinances unconstitutional under the Eighth Amendment’s prohibition on “cruel and unusual” punishments when no alternative shelter is available.
Justice Neil Gorsuch, who wrote the majority opinion, stated, “Homelessness is complex. Its causes are many. So maybe the public policy responses required to address it. At bottom, the question this case presents is whether the Eighth Amendment grants federal judges primary responsibility for assessing those causes and devising those responses. It does not.”
The case highlights the ongoing struggle to address homelessness in the United States, where affordable housing shortages persist in many cities. On any given night, over 600,000 people are estimated to be homeless nationwide.
Critics argue that laws like those in Grants Pass criminalize homelessness and punish individuals for actions they cannot avoid, such as sleeping in public spaces. Supporters, including various government officials, maintain that these laws are necessary for preserving public safety.
The case, which began in 2018, was initiated by three homeless individuals who sought to block the enforcement of the anti-camping ordinances in Grants Pass. The city defended its position by pointing out that homeless people have alternatives outside the city limits, such as nearby undeveloped federal land, county campsites, or state rest stops.
However, the lower court judge viewed this argument as indicative of the city’s attitude towards its homeless citizens, suggesting that the city aimed to drive them out or punish them for staying. US magistrate judge Mark Clarke ruled that the city’s “policy and practice of punishing homelessness” violates the Eighth Amendment and barred it from enforcing the anti-camping ordinances.
The decision allows police to ticket, fine or arrest those who sleep in public areas, a decision that could open the door for laws across the country to criminalize homelessness.
The 6-3 decision overturned a lower court’s ruling that found the enforcement of these ordinances unconstitutional under the Eighth Amendment’s prohibition on “cruel and unusual” punishments when no alternative shelter is available.
Justice Neil Gorsuch, who wrote the majority opinion, stated, “Homelessness is complex. Its causes are many. So maybe the public policy responses required to address it. At bottom, the question this case presents is whether the Eighth Amendment grants federal judges primary responsibility for assessing those causes and devising those responses. It does not.”
The case highlights the ongoing struggle to address homelessness in the United States, where affordable housing shortages persist in many cities. On any given night, over 600,000 people are estimated to be homeless nationwide.
Critics argue that laws like those in Grants Pass criminalize homelessness and punish individuals for actions they cannot avoid, such as sleeping in public spaces. Supporters, including various government officials, maintain that these laws are necessary for preserving public safety.
The case, which began in 2018, was initiated by three homeless individuals who sought to block the enforcement of the anti-camping ordinances in Grants Pass. The city defended its position by pointing out that homeless people have alternatives outside the city limits, such as nearby undeveloped federal land, county campsites, or state rest stops.
However, the lower court judge viewed this argument as indicative of the city’s attitude towards its homeless citizens, suggesting that the city aimed to drive them out or punish them for staying. US magistrate judge Mark Clarke ruled that the city’s “policy and practice of punishing homelessness” violates the Eighth Amendment and barred it from enforcing the anti-camping ordinances.
