The landscape of urban policy regarding homelessness has undergone a significant transformation as the Supreme Court ruled in favor of the ability of cities to enforce bans against homeless encampments, even when alternative shelter options are not available. In a 6-3 decision, this ruling directly impacts the City of Grants Pass, Oregon, and potentially sets a precedent for other municipalities wrestling with the crisis of homelessness across the country. The court's decision asserts that these anti-camping laws do not infringe upon the Eighth Amendment's protections against "cruel and unusual" punishment.
According to KATU, local ordinances in Grants Pass that fine individuals $295 for sleeping outside were previously struck down by the U.S. 9th Circuit Court of Appeals. They considered such punishment, especially in instances lacking sufficient shelter beds, to be unconstitutional. However, in overturning this previous ruling, the Supreme Court contends, "The Court cannot say that the punishments Grants Pass imposes here qualify as cruel and unusual." They also noted that for first-time offenders, the city imposes only limited fines and a brief jail sentence of a maximum of 30 days for repeat offenders who violate orders.
The case, as CNN reported, was closely monitored by state and local officials as homelessness has dramatically increased in the nation. Justice Neil Gorsuc wrote for the majority, emphasizing that the Eighth Amendment does not grant judges the responsibility to address and respond to the complexities of homelessness. In a strong dissent, Justice Sonia Sotomayor, alongside Justices Elena Kagan and Ketanji Brown Jackson, disagreed, stating Sleeping is a biological necessity and not a crime, highlighting the punishment of individuals for their state of homelessness as "unconscionable and unconstitutional".
The crux of the contention lies in whether municipal strategies to handle homeless encampments infringe on the basic human right to survival. According to CNN, the ordinances called into question barred people from sleeping in public using "bedding" like sleeping bags or clothing bundles, with repeated offenses leading to increased fines and possible jail time. After battling the city's position that the Eighth Amendment was designed to prevent sentences of torture or punitive labor rather than civil penalties like tickets, the Supreme Court stood with the city. The opinion, penned by Justice Neil Gorsuch, argued that it's not within the judges' purview to dictate national policy on homelessness, and recognized the difficulty of grappling over which policies work best for different communities.
The implications of this landmark decision reverberate beyond the small town of Grants Pass. Over 650,000 individuals across the nation find themselves in the throes of homelessness, a number that has seen a 12% increase from the previous year. Advocates for the homeless argue that criminalizing the basic act of sleeping outdoors will only exacerbate the crisis, ultimately harming those who are most vulnerable and have no other place to go. Despite this, the ruling stands, potentially reshaping the policies of urban centers on the subject of homelessness for years to come. In light of the high court's decision, cities now hold the authority to enforce their anti-camping ordinances, steering the conversation and initiatives concerning this pressing social issue into a new phase of governance and public response, as cited by CBS News.
