The Supreme Court on Friday upheld ordinances in Grants Pass, Oregon, that prohibit people experiencing homelessness from using blankets, pillows, or cardboard boxes for protection while sleeping within city limits. The decision, passed by a 6-3 vote, ruled that these ordinances do not violate the Eighth Amendment’s ban on cruel and unusual punishment, as argued by the city of Grants Pass. Justice Neil Gorsuch, writing for the majority, emphasized that the Eighth Amendment restricts types of punishment but does not preclude the criminalization of specific behaviors such as public camping (SCOTUSblog).
Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented, voicing concerns about the ruling’s focus on local government needs to the detriment of vulnerable populations. Sotomayor argued that the ruling effectively forces individuals to choose between staying awake or facing arrest, contradicting the Eighth Amendment’s protections.
The decision could impact similar ordinances across the United States, especially amid rising homelessness. Municipalities have increasingly banned “camping” in response to the growing number of people without shelter. In Grants Pass, which has about 40,000 residents and an estimated 600 homeless individuals, violations of these ordinances could result in fines escalating to $537.60 and subsequent criminal trespass charges for repeat offenders, potentially leading to jail time and additional penalties.
The case initiated in 2018 when John Logan and Gloria Johnson, homeless residents of Grants Pass, challenged the ordinances in federal court. The U.S. Court of Appeals for the 9th Circuit initially sided with them, referencing the Martin v. City of Boise case, which determined that penalizing homeless individuals who lack access to shelter violates the Eighth Amendment. The Supreme Court’s recent reversal overruled this interpretation, highlighting operational challenges for cities complying with the Martin ruling.
Gorsuch acknowledged homelessness as a “complex” issue, stating that the Constitution does not authorize federal judges to dictate national homelessness policy, a responsibility he believes rests with the American people. While Sotomayor concurred on the issue’s complexity, she maintained that criminalizing sleeping outside when no shelter is available contravenes constitutional protections.
For further details on the ruling, you can read the full article here.