Supreme Court to Rule on Homeless Camping Laws
The Supreme Court is currently considering a case, Grants Pass v. Johnson, that holds vast implications for homelessness policy in Anchorage and other cities. The case before the court asks whether cities can enforce laws against homeless camping in public spaces. The ruling will determine the tactics that cities, including Anchorage, use to respond to a mounting surge in unsheltered homelessness, setting a legal precedent for years to come.
The case stems from a 2018 class action lawsuit in which homeless residents sued the town of Grants Pass, Oregon, challenging a local camping ban. The 9th Circuit Court of Appeals ruled in favor of the homeless plaintiffs, holding that cities cannot criminalize sleeping outside when there is no alternative indoor shelter available.
This ruling has limited the ability of cities to penalize homeless camping, including in Anchorage. As a result, large encampments have sprouted in parklands and empty, city-owned lots in places such as Davis Park in Mountain View and Cuddy Park in Midtown Anchorage.
The municipality of Anchorage would like to see the Supreme Court overturn the Grants Pass decision and allow more latitude for penalties against homeless campers. City attorneys argue that the 9th Circuit decision has “tied the hands” of cities to counter homeless camping and “compels local governments to choose between providing shelter or surrendering public lands to encampments that harm local communities.”
Homeless advocates, on the other hand, argue that criminalizing homelessness only exacerbates the problem and does not address the underlying issues that lead to it, such as mental health, addiction, and housing affordability. They also argue that criminal sanctions for activities such as sitting or sleeping on sidewalks or in city parks only serve to push people further into the criminal justice system and deeper into homelessness.
The Supreme Court heard arguments in the case on Monday, April 22, 2024. The court appeared to be split along ideological lines, with the three liberal justices signaling that they were wary of giving cities more powers to use criminal sanctions against homeless people. Conservative justices appeared skeptical of treating homelessness as a constitutionally protected status.
A decision by the court is not expected until June. If the Supreme Court overturns the 9th Circuit ruling in favor of homeless camping, cities would have more power to dismantle encampments and issue penalties to people sleeping outside. However, it is unclear whether the Bronson administration in Anchorage will seek new regulations, how quickly any new rules would go into effect, or how the upcoming mayoral runoff election between Bronson and former Assembly chair Suzanne LaFrance would affect any changes.
The outcome of this case will have a significant impact on the lives of homeless people in Anchorage and across the country. It will also shape the debate over how cities respond to the growing crisis of homelessness.
