In a legal clash that echoes the struggles faced by municipalities grappling with homelessness in the Western United States, the U.S. Supreme Court has agreed to delve into an Oregon city’s quest to uphold local laws against public camping. Grants Pass, a community of approximately 40,000 in southern Oregon, seeks the Court’s backing in enforcing ordinances that deem camping on sidewalks, streets, parks, or other public spaces illegal. This move sets the stage for a heated legal confrontation, challenging the constitutionality of anti-camping laws under the Eighth Amendment’s prohibition of “cruel and unusual” punishment.
Initiating the legal dispute, three homeless individuals filed a class-action complaint against Grants Pass in 2018, contending that the anti-camping laws infringe upon the Eighth Amendment. The violations of these laws can result in civil fines, bans from city property, and criminal prosecution for trespass. Court documents reveal that Grants Pass contends with a population of 50 to 600 homeless individuals, outstripping available shelter beds.
Theane Evangelis, the attorney representing Grants Pass, anticipates the opportunity to present their case. Criticizing previous decisions by the San Francisco-based 9th U.S. Circuit Court of Appeals and a similar case in Idaho, Evangelis asserts that these rulings have compounded the encampment problem in Western cities, contending they are legally flawed and hinder local governments in addressing the pressing homelessness crisis.
Grants Pass’s appeal has garnered widespread support from various cities and states in the West, where the 9th Circuit’s decision holds sway. Ed Johnson, the litigation director at the Oregon Law Center, who represents the plaintiffs, frames the central issue as whether cities can penalize homeless residents merely for existing without access to shelter.
California Governor Gavin Newsom, a Democrat, submitted a legal brief condemning the 9th Circuit’s decision, arguing that it undermines lawmakers’ capacity to devise effective solutions to homelessness. He laments the situation, leaving only rudimentary and fragmented options to address the growing national crisis.
The Supreme Court’s decision to take on the case follows a recent rejection by the 9th Circuit of San Francisco’s appeal to lift judicial restrictions on the city’s efforts to clear homeless encampments.
This legal tussle highlights the complex interplay between constitutional rights, local ordinances, and the ongoing challenge of homelessness, as the highest court in the land prepares to weigh in on a critical issue affecting communities across the Western United States.
