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Supreme Court Considers Legality of Anti-Homeless Camping Laws



The U.S. Supreme Court heard arguments on Monday regarding the legality of local laws used against people camping on public streets and parks, addressing the nation’s homelessness crisis. The case involves a southwest Oregon city’s vagrancy policy.

The court considered Grants Pass, Oregon’s appeal of a lower court’s ruling that enforcing anti-camping ordinances against homeless individuals without available shelter space violates the Eighth Amendment prohibition on cruel and unusual punishments.

Ongoing arguments were being presented.

This case forces the nine justices to address the complex issue of homelessness, which is a significant problem faced by public officials due to chronic shortages of affordable housing. In the U.S., more than 600,000 people are homeless on any given night, according to government estimates.

The focus of the case is on three ordinances in Grants Pass, targeting sleeping and camping in public areas. Violators face fines and potential criminal prosecution for trespassing.

Advocates for the homeless and critics argue that such laws criminalize homelessness and actions that homeless individuals cannot avoid, such as sleeping in public. Proponents argue that these laws are necessary for public safety.

The case began in 2018 and involved three homeless individuals challenging the anti-camping measures in Grants Pass. A federal judge ruled in favor of the plaintiffs, stating that the city’s policy violates the Eighth Amendment.

The appeals court upheld the injunction against enforcing the anti-camping ordinances, stating that individuals cannot be penalized for sleeping outside without other viable options.

The city’s lawyers argued that this ruling would prevent prosecution for other involuntary actions, such as drug use or public intoxication.

The plaintiffs urged the Supreme Court to rule in their favor, emphasizing the act of resting outside with a blanket should not be punishable when there are no other options.

A decision is expected by June.


© 2024 Thomson/Reuters. All rights reserved.



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