Supreme Court to Weigh Legality of City's Anti-Camping Rules in Homeless Rights Case

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ICARO Media Group
Politics
12/01/2024 23h51

In a significant development, the Supreme Court has agreed to hear a case regarding the constitutionality of a city's enforcement of rules that prohibit homeless residents from camping on public property. The case, originating from Grants Pass, Oregon, revolves around three ordinances implemented by the city that prohibit sleeping on public sidewalks and streets, as well as camping on streets, parks, and other public spaces.

The plaintiffs, three homeless residents representing themselves and all involuntarily homeless individuals in Grants Pass, filed a lawsuit in October 2018 seeking to block the enforcement of these ordinances. They argue that the city's regulations unfairly penalize them for seeking rest, sleep, and shelter from the elements. Reports from the United Community Action Network in January 2019 indicate that the city had a homeless population of 602 individuals.

The federal district court ruled against the city, citing a violation of the Eighth Amendment, which prohibits cruel and unusual punishment. The court temporarily blocked Grants Pass from enforcing the anti-camping ordinances in city parks at night but allowed enforcement during the daytime if the city provides adequate advance notice.

In an appeal, the U.S. Court of Appeals for the 9th Circuit upheld the district court's ruling, stating that the anti-camping ordinances violated the Eighth Amendment. The court ultimately concluded that the city cannot penalize homeless individuals for merely sleeping outside or in their cars when there are no alternative places for them to go.

However, the city of Grants Pass appealed the 9th Circuit's decision, arguing that such rulings hinder their ability to comprehensively address the issue of public camping in the West. The city's lawyers claim that the lack of action aggravates problems such as crime, fires, disease, environmental harm, and rampant drug overdoses.

In response, lawyers representing the homeless residents argue that the city's ordinances essentially make it illegal to sleep on public property even with minimal protection from the elements, and accused the city of attempting to force homeless individuals into neighboring towns.

The Supreme Court's decision to review this case is significant, as its outcome could impact the ability of other cities within the 9th Circuit's jurisdiction, including California and Arizona, to enforce similar anti-camping rules. Representatives from major cities such as San Francisco and Los Angeles, as well as state officials including California Governor Gavin Newsom, have urged the Supreme Court to intervene.

While some argue that the city should have the authority to regulate encampments, others believe that the city's ordinances unjustly target individuals with an involuntary homeless status. Critics claim that blaming the judiciary for the homelessness crisis is an attempt to deflect responsibility from failed policies.

The Supreme Court's ruling will not only determine the legality of the city's anti-camping rules but also have far-reaching implications for addressing homelessness and the balance between public safety and individual rights. The court's decision is eagerly anticipated by both proponents and opponents of the city's ordinances.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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