ALBUQUERQUE, N.M. (KRQE) – The U.S. Supreme Court has recently decided that enforcing generally applicable bans on camping on public property is not “cruel and unusual punishment.” The decision applies to a case in initiated in Oregon, but has implications for Albuquerque’s ability to tackle encampments.
In the case, Grants Pass v. Johnson, the City of Grants Pass had an ordinance prohibiting camping on public property and parks. The ordinance allowed the city to fine campers and even jail repeat offenders that return to the parks. Some argued that that was unconstitutional, but the Supreme Court says the fines are not cruel and unusual. The implication is that similar ordinances in New Mexico would likely be interpreted in the same light, that Albuquerque can fine homeless individuals if they violate city ordinances.
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“I know there will be mixed reactions to this ruling in our community, so I want to be clear—the City will continue to do everything in our power to get people the help they need and to deal promptly with illegal encampments,” Mayor Tim Keller said in a press release.