WASHINGTON – The Supreme Court ruled on Friday in favor of a small Oregon town’s civil penalties against homeless individuals for sleeping in public spaces, determining that these anti-camping regulations do not violate the Eighth Amendment’s prohibition against cruel and unusual punishment.
The 6-3 decision in City of Grants Pass v. Johnson marks a significant moment in the legal landscape surrounding homelessness, as cities across the nation struggle with rising numbers of unsheltered individuals, driven by soaring housing costs and the end of pandemic-related aid programs.
This ruling is expected to empower state and local governments to impose civil penalties to manage homeless encampments, which have proliferated across the Western United States following a federal appeals court decision involving Grants Pass, Oregon’s anti-camping ordinances.
While state and local leaders from both political parties have argued that camping bans are essential for public health and safety, the U.S. Court of Appeals for the 9th Circuit previously ruled that penalizing homeless people for sleeping outside when no shelter is available is unconstitutional. The Supreme Court, however, overturned this decision, asserting that such laws do not constitute cruel and unusual punishment under the Eighth Amendment.
“Homelessness is a multifaceted issue requiring various public policy responses,” Justice Neil Gorsuch wrote for the court. “The Eighth Amendment does not grant federal judges the primary responsibility for addressing these causes and formulating solutions.”
In her dissent, Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, emphasized the need to balance the challenges faced by local governments with the dignity and humanity of homeless individuals. “The majority’s decision prioritizes the needs of local governments over the rights of the most vulnerable, forcing them into an untenable position: stay awake or face arrest,” Sotomayor wrote.
Grants Pass, a city of approximately 40,000 in southern Oregon, has around 600 homeless residents. In 2013, the city intensified enforcement of ordinances prohibiting sleeping or camping on public property or in city parks. The penalties for violators include fines starting at $295, with repeat offenders facing potential bans from city parks and criminal trespass charges.
In 2018, three homeless individuals sued the city, arguing that the ordinances violated the Eighth Amendment. A federal district court initially sided with the plaintiffs, blocking the enforcement of the camping ban under specific conditions. The 9th Circuit upheld this decision, but the Supreme Court’s ruling now reverses that outcome.
The case garnered attention from various advocacy groups, state and local officials, law enforcement, and the federal government. Leaders from major cities, including Phoenix and Los Angeles, as well as the state of California, expressed concerns about restrictions on their ability to manage public spaces and enforce camping bans.