By Kristy Tallman, June 28, 2024
WASHINGTON — The U.S. Supreme Court Friday sided with a local ordinance in Oregon that effectively bans homeless people from sleeping outdoors, allowing local governments to enforce these laws.
In a 6-3 decision, Justice Neil Gorsuch wrote in the opinion that enforcing local laws regulating camping on public property does not violate the Eighth Amendment’s prohibition on cruel and unusual punishment.
“Homelessness is complex. Its causes are many. So may be the public policy responses required to address it,” Gorsuch wrote. “The Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest those rights and responsibilities from the American people and in their place dictate this Nation’s homelessness policy.”
The case originated in Grants Pass, Oregon, where the city argues its ordinance is a solution to its homelessness crisis, including fines and potential jail time for repeat offenders who camp or sleep outdoors. The ordinances prohibit sleeping on public streets with blankets or bedding, imposing fines of $295 and potential jail time of up to 30 days for repeat offenders.