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The US Supreme Court delved into a pivotal case on Monday, considering whether cities can prohibit homeless individuals from sleeping outside, a contentious issue amidst a nationwide surge in homelessness and shelter shortages.
The case revolves around ordinances in Grants Pass, Oregon, which prohibited camping or the use of bedding on public property, including parks, leaving many homeless individuals with nowhere to sleep. Homeless advocates contend that such bans constitute “cruel and unusual punishment,” violating the Eighth Amendment of the US Constitution. The Ninth Circuit Court supported this view in a 2022 ruling, now under appeal at the Supreme Court.
With a record 653,100 people experiencing homelessness across the nation, cities grapple with poverty, mental health challenges, addiction, and housing deficits. Camping bans are commonly employed to clear homeless encampments from public spaces, raising significant legal and humanitarian concerns.
Grants Pass, lacking a municipal homeless shelter, relies on private charities to support its homeless population. However, lawyers challenging the law argue that the city’s camping ban aims to drive homeless individuals out of its jurisdiction, employing fines and jail time to coerce them into leaving.
The contentious ordinances ostensibly prohibit camping but effectively criminalize sleeping or resting on public property, even with minimal bedding to endure harsh conditions. Critics argue that such measures exacerbate homelessness rather than address its root causes.
During oral arguments, Grants Pass’s lawyer defended the ordinances, asserting that the city seeks to reclaim its public spaces. However, if the appeal fails, the city’s options would be severely limited.
Beyond immediate factors like poverty and addiction, economists highlight a systemic housing shortage in the US, exacerbating homelessness by driving up housing prices and leaving millions without adequate shelter.
