The Supreme Court sided with a small, southern Oregon town in a 6-3 ruling Friday, saying it has the authority to enforce ordinances that criminalize behaviors associated with being unhoused — like sleeping or camping on public property or parks — even when no shelter is available.
Why it matters: The decision effectively gives the OK to other metropolitan areas struggling with rising homelessness to enact similar restrictive laws targeting outdoor camping.
The other side: "We are disappointed that a majority of the court has decided that our Constitution allows a city to punish its homeless residents simply for sleeping outside with a blanket to survive the cold when there is nowhere else for them to go," Ed Johnson, Oregon Law Center's director of litigation, told Axios.
Catch up quick: In 2018, Oregon Law Center sued Grants Pass on behalf of its unhoused population on the basis that its policies of ticketing and jailing those who broke municipal code violated the Eighth Amendment's cruel and unusual punishment clause.
- According to Grants Pass' city code, it is illegal to sleep in public parks, including sidewalks and parking lots, or to use sleeping materials to set up temporary living space.
- Those found guilty more than twice in one year face up to 30 days in jail and a $1,250 fine. The city said in a filing its "modest" fines and "short" jail times were justified.
Zoom in: In an opinion published Friday, Justice Neil Gorsuch writes: "Homelessness is complex. Its causes are many. So may be the public policy responses required to address it."
The intrigue: Regardless of the court's decision, the city of Grants Pass must comply with an Oregon law, which requires that restrictions on a person's ability to use a blanket or pillow to keep warm and dry while living outside must be "objectively reasonable."
- The Legislature passed House Bill 3115 in 2021. However, sweeps in cities across Oregon, including Grants Pass, still continued.
Editor's note: This story has been updated with a comment from the Oregon Law Center.
