The U.S. Supreme Court on Friday issued a ruling that will impact communities hard hit by the homelessness crisis. It will allow local governments to ban people experiencing homelessness from sleeping outdoors, even if there is not enough shelter.
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The case stems from Grants Pass, Oregon, where officials fined people for camping and sleeping outdoors. Supporters argued that it was cruel and unusual punishment when there were no beds available in the shelters.
But the majority of judges found that such punishments do not violate the constitution and can remain in place.
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“The Eighth Amendment to the Constitution serves many important functions, but it does not give federal judges the authority to strip these rights and responsibilities from the American people and instead dictate this country’s homelessness policy,” wrote Justice Neil Gorsuch.
“Today’s Supreme Court decision unfortunately allows this to be criminalized and people to be put in prison for something that they have absolutely no control over,” said Jake Faleschini, Justice Program Director at the Alliance for Justice. “This is not going to help people. This is going to make it worse for the people who are in this temporary position.”
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Republican and Democratic state leaders have warned of the need to clear camps.
Earlier this year, Florida became the first state to pass legislation banning people from sleeping or camping on public property.
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“Following the model of San Francisco and New York is not a way to get the job done,” Gov. Ron DeSantis (R-FL) said in March when he signed the law.
The Supreme Court ruling was a 6-3 decision, with the liberal-leaning justices dissenting from the decision.
“Sleep is a biological necessity, not a crime,” Justice Sonia Sotomayor wrote in the dissent. “For people who lack access to shelter, punishing them for being homeless is unconscionable and unconstitutional. Punishing people for their status is ‘cruel and unusual’ under the Eighth Amendment.”
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