Supreme Court Weighs Upholding Ban on Homelessness in Public Spaces
In a complex and heated debate, the Supreme Court’s conservative majority expressed support for Grants Pass, Oregon’s argument that local lawmakers should determine homelessness policies, not judges. Liberal justices strongly opposed this notion, highlighting the status of homelessness as protected under the Eighth Amendment’s prohibition on cruel and unusual punishment.
The case stems from local ordinances in Grants Pass that increased enforcement against homeless individuals sleeping, urinating, and defecating outside. Homeless residents challenged these ordinances, arguing that they violated the Eighth Amendment. Grants Pass contended that the Eighth Amendment was inapplicable, as it typically targets punishments rather than laws.
The court considered the practicality of determining whether a city had enough shelter beds to accommodate its homeless population. The lower appeals court ruled that cities could not penalize people for involuntary homelessness if they did not have sufficient shelter beds. Justices expressed concern about who would decide whether a city met this requirement and handle these complex issues on a daily basis.
The Biden administration, siding with neither party, argued that Grants Pass’s laws likely violated the Eighth Amendment but that the lower court erred by not requiring an examination of each homeless person’s circumstances. The plaintiffs’ argument draws parallels to a 1962 case, Robinson v. California, where the Supreme Court ruled that penalizing people for narcotics addiction violated the Eighth Amendment. They argue that Grants Pass is punishing people for being involuntarily homeless rather than for specific actions.
As the court deliberates, about 100 demonstrators protested outside, advocating for housing justice and human dignity for homeless individuals. The case exemplifies the complex interplay between poverty, civil rights, and the ability of cities to regulate public spaces for health and safety concerns.
