A Battle Over Sheltering Ordinances in Oregon

Data released by the U.S. Department of Housing and Urban Development indicated that more than 600,000 people in the United States were homeless on a single night in 2023.

Today, the Supreme Court is set to engage in oral argument in a case deemed by legal authorities as the "most significant Supreme Court case regarding homelessness in at least four decades." Taking center stage is the constitutional validity of regulations in an Oregon municipality that prohibit individuals experiencing homelessness from utilizing blankets, pillows, or cardboard boxes for shelter against the elements while sleeping within the city boundaries.

The city defends the regulations, arguing that they merely prohibit camping on public property for all individuals. However, opponents of the ordinances say that they essentially criminalize homelessness within the city, proposing that the rules fall under the Eighth Amendment to the United States Constitution, which states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Key Case Components

The case pertains to the significant legal issue concerning the criminal penalties for homelessness, which is a contentious and complex societal problem. Here's an analysis of the critical aspects of the case:

• Legal Background: The Supreme Court is set to hear a case regarding the constitutionality of criminal penalties imposed on homeless individuals for sleeping or camping in public spaces when they have no alternative shelter. This brings to light the clash between local ordinances and jurisdictions aimed at maintaining public order and the constitutional rights of individuals, particularly the Eighth Amendment prohibition against cruel and unusual punishment.
• Constitutional Rights: The central question in this case revolves around whether it is constitutional to penalize homeless individuals for engaging in activities such as sleeping or camping in public spaces when they have no access to adequate shelter. Advocates argue that such penalties effectively criminalize the status of homelessness, punishing individuals for circumstances beyond their control, which raises significant constitutional concerns. Supporters of the ordinance say that these rules are within the local jurisprudence, and municipalities have the right to set restrictions on public activities to keep law and order and establish sufficient public safety standards.?
• Justice: The case highlights broader social issues within the criminal justice system. Homelessness is often intertwined with poverty, mental illness, substance abuse, and lack of access to services and affordable housing.?
• Policy Implications: The outcome of this case could have far-reaching policy implications for how municipalities address homelessness. If the Supreme Court rules in favor of the plaintiffs, it could reevaluate local ordinances targeting homeless individuals and prompt jurisdictions to explore creative approaches, such as incremental criminalization, government-funded services, and criminal justice reform.?
• Public Perception and Stigma: The case also raises questions about public perception and stigma surrounding homelessness. Criminalizing activities associated with homelessness may reinforce negative stereotypes and attitudes toward this vulnerable population. Supporters of the ordinance agree with criminalizing these activities and say that the impact of stigma is diminutive versus the importance and implications homelessness has on public safety.?
• Legal Precedent: The Supreme Court's decision in this case will likely set a precedent for future legal challenges related to homelessness and the criminal justice system. It will shape how courts interpret the intersection of constitutional rights and local ordinances to address social issues.

Texas

2021 Texas passed HB1925, which banned encampments in all public areas. Local governments can designate space on government-owned properties for people experiencing homelessness. Still, these must first be proposed to and approved by the Texas Department of Housing and Community Affairs (TDHCA). Texas Governor Greg Abbott signed legislation on June 15 enforcing a statewide camping ban. The law went into full effect on September 1, 2021.??

The ban charges individuals camping outside designated areas with a Class C misdemeanor and a fine of up to $500. Additionally, municipalities must comply with the ban and cannot adopt any policy that “prohibits or discourages the enforcement of any public camping ban.” The law frames these requirements as the minimum threshold, and cities can enforce stricter camping measures.???

In a mini-documentary entitled Illegal to Sleep: Grants Pass’ Cruel War on Homelessness , the organization Invisible People traveled to Grants Pass, Oregon, a city of about 40,000 residents. The U.S. Supreme Court is set to deliberate on the pressing issue of homelessness and the criminalization of public camping. At stake is whether local governments like Grants Pass can enforce bans on sleeping in public spaces at all times. This decision could potentially affect the lives of approximately 600 homeless individuals living in Grants Pass alone, including 55-year-old Laura, who was forced into homelessness following the death of her husband.

Conclusion

Overall, the case underscores the need for a comprehensive and humane approach to addressing homelessness, prioritizing the protection of constitutional rights, and addressing the root causes of homelessness through social and economic policies.?

Supreme Court Schedule

Listen to the Supreme Court Arguments Live

CITATIONS:?

1. Interpretation: The Eighth Amendment | Constitution Center ?
2. https://www.huduser.gov/portal/sites/default/files/pdf/2023-AHAR-Part-1.pdf ?
3. https://www.scotusblog.com/2024/04/supreme-court-to-hear-case-on-criminal-penalties-for-homelessness/ ?
4. https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB1925 ?
5. https://www.youtube.com/watch?v=qYzx4ZGQnc8 ?
6. https://nlihc.org/resource/texas-passes-statewide-camping-ban