The Supreme Court is set to deliberate on a crucial case that questions the constitutionality of prohibiting homeless individuals from sleeping outside when shelter space is unavailable. This case is regarded as one of the most significant legal challenges related to homelessness in recent decades, as the issue continues to escalate to record levels across the United States.
Several courts in California and other Western states have already deemed it unconstitutional to penalize and arrest individuals for sleeping in homeless encampments in the absence of adequate shelter options. While some officials argue that such measures are necessary to manage encampments due to safety and sanitation concerns, numerous advocacy groups contend that criminalizing homelessness will only exacerbate the crisis.
The Justice Department has also expressed its stance on the matter, advocating that individuals should not face punishment solely for sleeping outside unless it is established that they have no alternative shelter available.
The case originates from Grants Pass, a rural town in Oregon, where fines were imposed on individuals for sleeping outside to address the emergence of homeless encampments in public parks amid rising housing costs. The 9th Circuit Court of Appeals in San Francisco largely invalidated this measure in 2018, ruling that such bans violate the 8th Amendment by penalizing individuals for circumstances beyond their control.
This legal battle unfolds against the backdrop of a 12% surge in homelessness in the United States, marking the highest reported level to date. Factors such as escalating rents and the waning support from pandemic relief efforts have collectively contributed to making housing unattainable for a growing number of Americans, as per federal data.
