In a pivotal decision, the Supreme Court of the United States (SCOTUS) has reversed the Ninth Circuit Court’s ruling in the case of City of Grants Pass v. Johnson and remanded the case back to the lower court for further proceedings. This decision has significant implications for the city’s approach to homelessness, yet it does not necessarily signal immediate progress due to pre-existing state camping laws.
Justice Neil Gorsuch, writing for the majority, was joined by Chief Justice John Roberts and Justices Thomas, Alito, Kavanaugh, and Barrett. Gorsuch concluded the opinion by stating, “The Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest those rights and responsibilities from the American people and in their place dictate this Nation’s homelessness policy. The judgment below is reversed, and the case is remanded for further proceedings consistent with this opinion.”
Justice Sonia Sotomayor, dissenting alongside Justices Kagan and Brown, strongly opposed the majority’s decision. She argued, “Sleep is a biological necessity, not a crime. For some people, sleeping outside is their only option. The City of Grants Pass jails and fines those people for sleeping anywhere in public at any time, including in their cars, if they use as little as a blanket to keep warm or a rolled-up shirt as a pillow. For people with no access to shelter, that punishes them for being homeless. That is unconscionable and unconstitutional. Punishing people for their status is ‘cruel and unusual’ under the Eighth Amendment.”
Oregon Revised Statutes (ORS) 195.505 outlines the state’s current policies for the removal of homeless individuals from public property which means that the local debates over low barrier and real solution will need to continue. Some key elements include:
- Requirement of a 72-hour written notice, posted in English and Spanish, before removing homeless individuals from an established camping site. This notice must be posted at all identifiable entrances to the site.
- Coordination with local social service agencies to assess the need for shelter and other assistance.
The Supreme Court’s decision clears the way for cities to enforce bans on homeless people sleeping outside in public places, overturning a California appeals court ruling that found such laws amounted to cruel and unusual punishment when shelter space is lacking. This ruling is the most significant case related to homelessness to come before the high court in decades, occurring amid a rise in the number of people in the U.S. without permanent housing.
Western cities argued that the previous ruling hindered their ability to manage outdoor encampments in public spaces, while homeless advocates contended that punishing people for needing a place to sleep effectively criminalizes homelessness.
While the Supreme Court’s ruling marks a significant legal development, its practical impact on the City of Grants Pass remains uncertain due to Oregon’s existing camping laws. The decision highlights ongoing tensions between managing public spaces and addressing the humanitarian needs of homeless individuals. As the case returns to the lower court, the local community and policymakers will continue to grapple with finding effective and compassionate solutions to homelessness.
