Supreme Court Weighs Oregon City's Ban on Sleeping Outside for Unhoused Individuals
ICARO Media Group
In a landmark case that could have far-reaching implications for the treatment of homeless individuals across the nation, a majority of Supreme Court justices appeared sympathetic to an Oregon city's ordinance prohibiting sleeping outside for those without a permanent residence. The case, City of Grants Pass v. Johnson, aims to address the issue of homeless encampments on public properties through punitive measures.
During the more than two and a half hours of oral arguments, the city's attorney, Theane Evangelis, asserted that such laws are necessary for public health and safety. The Ninth Circuit Court of Appeals had previously ruled that a homeless camping ban constitutes "cruel and unusual punishment" under the Eighth Amendment. However, several conservative justices on the Supreme Court seemed skeptical of this conclusion.
Justice Clarence Thomas questioned if the Eighth Amendment has ever been applied to civil penalties, while Justice Amy Coney Barrett pondered where to draw the line when it comes to prohibiting punishment for actions necessary for survival, such as stealing food out of hunger. The justices also appeared to reject the notion that the ordinance criminalizes homelessness as a status, rather than focusing on specific conduct.
Justice Samuel Alito raised the question of whether a person's homelessness is a consequence of their prior life choices or their refusal to make future life choices, suggesting that it may not be unconstitutional to punish them for it. On the other hand, the court's liberal justices strongly defended the rights of homeless people to sleep in public places, arguing that the ordinance in Grants Pass cruelly denies their basic needs.
The case poses significant ramifications as communities nationwide grapple with addressing homelessness and resort to punitive measures to incentivize individuals to access social services and shelter options. Some conservative justices suggested that local officials, rather than the courts, should tackle the complex issue of homelessness, citing competing priorities and the need for shelter.
The absence of public homeless shelters in Grants Pass adds complexity to the debate. Backers of the law argue that residents have the option of a private shelter, the Gospel Rescue Mission, which is only half full and requires religious participation, pet surrender, and abstinence. The lead plaintiff in the case refused a shelter bed because she wanted to remain outside with her dog.
The Supreme Court is also considering whether the availability of nearby shelter beds or an individual's refusal of a bed should be taken into account when issuing citations for sleeping in public parks. Some justices voiced concerns about the practicality of such determinations for law enforcement.
The constitutional argument centers around whether Grants Pass treats homelessness as a "status." If so, it could potentially violate the Eighth Amendment, drawing parallels to a 1962 case that deemed making drug addiction a "status" illegal unconstitutional.
While the Supreme Court's decision in City of Grants Pass v. Johnson holds immense significance in addressing homelessness and the limits of local ordinances, it remains to be seen how the justices will ultimately rule on this complex and contentious issue affecting the lives of unhoused individuals nationwide.