In 2017, Grants Pass, Oregon, implemented measures to address the issue of individuals sleeping in public parks and other areas. However, these ordinances were challenged in court, leading to a ruling by the 9th Circuit in 2022. The court held that Grants Pass violated the Eighth Amendment’s protection against cruel and unusual punishment because the city lacked adequate non-secular homeless shelters. This ruling has drawn criticism, with one judge advocating for its reconsideration due to concerns that it created a constitutional right to camp in public spaces, disregarding traditional laws aimed at health and safety. During recent Supreme Court arguments, a majority of justices appeared inclined to overturn the 9th Circuit’s decision. They questioned the notion that sleeping on the streets is always involuntary, highlighting that many individuals living unsheltered may have underlying mental health or substance abuse issues. While acknowledging the need for empathy and assistance for the homeless population, the justices emphasized that cities have the authority to regulate conduct associated with homelessness, such as public defecation or blocking sidewalks with encampments. The Supreme Court’s ruling on this case will have significant implications for how cities and municipalities across the nation address the issue of homelessness.
9th Circuit’s Ruling on Homelessness Faces Supreme Court Reversal
