The U.S. Supreme Court ruled by a 6-3 vote on Friday, June 28, 2024, that enforcement of local laws regulating camping on public lands, including by homeless people, does not constitute the Eighth Amendment’s prohibition on cruel and unusual punishment. (Jub Rubjob/Getty Images)
WASHINGTON — The U.S. Supreme Court on Friday sided with a local ordinance in Oregon that effectively bans homeless people from sleeping outside, and local governments will be allowed to enforce those laws.
In a 6-3 ruling, Justice Neil Gorsuch wrote in his opinion that enforcement of local laws regulating camping on public lands does not violate the Eighth Amendment’s prohibition against cruel and unusual punishment.
“Homelessness is complex. Its causes are many. So, too, may be the public policy responses needed to address it,” he wrote. “The Eighth Amendment to the Constitution serves many important functions, but it does not give federal judges the authority to strip those rights and responsibilities from the American people and instead dictate this country’s homelessness policy.”
The case takes place in Grants Pass, a town in Oregon. The city says the ordinance is a solution to the city’s homeless crisis. Repeat offenders who camp or sleep outdoors face fines and possible prison sentences.
Justice Sonia Sotomayor wrote a dissenting opinion, holding that the ordinance focuses on the status of being homeless and therefore violates the Eighth Amendment.
“Grants Pass ordinances criminalize being homeless,” she wrote. “The purpose, text and enforcement of the regulations confirm that they focus on status and not behavior. For someone without shelter, the only way to comply with the ordinance is to leave Grants Pass completely.”
During oral arguments, the justices appeared divided along ideological lines, with the conservative justices siding with the Oregon city, arguing that policies and ordinances surrounding homelessness are complex and should be left to local elected officials rather than the courts.
The liberal justices criticized the city’s argument that homelessness is not a status protected by the Eighth Amendment’s prohibition against cruel and unusual punishment. The liberal justices argued that the Grants Pass ordinance criminalized homelessness.
The Biden administration took center stage on the matter, with U.S. Deputy Attorney General Edwin Kneedler offering partial support.
“It is the determination of the municipality, especially initially with a lot of flexibility, how they address the homelessness issue,” he said during oral arguments in late April.
This is a current news item and will be updated.
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U.S. Supreme Court post sides with Oregon City, allowing ban on homeless people sleeping outside appeared first on Louisiana Illuminator.
