Olivia Allery, news editor
On April 22, the Supreme Court started grappling with tough questions regarding homelessness as they debate whether or not states can punish people for sleeping outside. This decision could be one of the Supreme Court’s most significant, as homeless rates have reached record highs across the U.S.
According to AP News, this case came to the court after the rural town of Grants Pass, Oregon started fining its homeless population $295 for sleeping outside, after more tents started to spring up in the city’s parks. The U.S. 9th Circuit Court, based out of San Francisco, struck down the city’s ordinance. Ruling that under the Eighth Amendment, fining people when there is a lack of shelter beds available is cruel and unusual punishment. According to The Guardian, this ruling applied to the nine Western states of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington. Grants Pass then appealed the case to the Supreme Court saying that the cities have been left with few good options to address homelessness.
Grants Pass has not been the only city enacting these types of anti-homeless ordinances. According to the Star Tribune, back in early February, the Rochester, Minnesota city council banned public camping in a 4-3 vote. This city-wide ordinance allows law enforcement to arrest homeless campers on public land, charging them with a misdemeanor. According to NPR News, the Supreme Court had also declined a similar case to Grants Pass in 2019 out of Boise, Idaho, due to another no public camping ordinance.
“Where are they supposed to sleep? Are they supposed to kill themselves, not sleeping?”
Justice Sonia Sotomayor
“Where do we put them if every city, every village, every town lacks compassion and passes a law identical to this?” said Justice Sonia Sotomayor to Theane Evangelis, a lawyer representing Grants Pass, as reported by AP News. “Where are they supposed to sleep? Are they supposed to kill themselves, not sleeping?”
After arguments concluded April 22, the conservative majority of Justices seem to be very receptive with Grants Pass’ arguments. According to AP News, many of these justices questioned how far the Eighth Amendment protections should go as homeless encampments can be unsafe and unsanitary. “How about if there are no public bathroom facilities,” said Justice Neil Gorsuch in a quote from AP News. “Do people have an Eighth Amendment right to defecate and urinate outdoors?” Advocacy groups, on the other hand, made the argument that allowing laws and ordinances, like the one in Grants Pass, to stand criminalizes homelessness, and will ultimately make the growing problem worse.
According to AP News, hundreds of protestors gathered outside of the Supreme Court during the initial arguments, clad in silver blankets, holding signs that read “housing not handcuffs” and advocating for more affordable housing. The Supreme Court is expected to deliver a decision on the case in late June, a decision that will impact thousands of homeless Americans.