Communities can once again decide the best course for handling their homeless challenges. The U.S. Supreme Court today confirmed that bans on homeless camping do not violate the Constitution.
The court's ruling in Grants Pass v. Johnson is welcome news for cities and towns up and down the west coast, as the ball now returns to the local court.
This case began when the City of Grants Pass, Oregon, enforced city ordinances that prevented camping and sleeping in public parks, by issuing civil citations and fines to violators. The plaintiffs in the case contested the citations received under these ordinances as ‘cruel and unusual punishment,’ claiming that no other option for sleeping existed for them.
The 9th Circuit Court of Appeals found imposing civil penalties on homeless people for sleeping outside when they have nowhere else to go are unconstitutional. That ruling essentially handcuffed policymakers throughout the west. California Governor Gavin Newsom, for example, said:
"California has invested billions to address homelessness, but rulings from the bench have tied the hands of state and local governments to address this issue. The Supreme Court can now correct course and end the costly delays from lawsuits that have plagued our efforts to clear encampments and deliver services to those in need.”
The court agreed. Writing for a 6-3 majority, Justice Neil Gorsuch said:
"Homelessness is complex. Its causes are many. So may be the public policy responses required to address it. At bottom, the question this case presents is whether the Eighth Amendment grants federal judges primary responsibility for assessing those causes and devising those responses. It does not."
Local leaders in communities where homeless encampments are out of control will likely applaud the ruling, not only from the standpoint of public health but also public safety.
But in other communities, like Boise, the reaction is more defiant.
Idaho Attorney General Raul Labrador, who filed an amicus brief in support of overturning the 9th circuit decision, said this:
“I’m very pleased the Supreme Court has concurred with our arguments. We have all witnessed the impacts to public streets and spaces in once-beautiful cities like Portland, San Francisco, and Seattle. Homeless camping has destroyed the vitality of these cities, fueled by the enabling policies of legalized drugs and de-prioritized mental health resources. Residents sidestep used needles, garbage, and human waste in their public spaces as they go to work every single day. This SCOTUS decision is at the heart of preserving safety and livability in cities everywhere.”