Supreme Court allows cities to enforce bans on homeless people sleeping outside, even if shelter space is lacking (2024)

By LINDSAY WHITEHURST

Published: Jun. 28, 2024 at 10:08 AM EDT|Updated: Jun. 28, 2024 at 1:52 PM EDT

WASHINGTON (AP) — The Supreme Court cleared the way for cities to enforce bans on homeless people sleeping outside in public places on Friday, overturning a California appeals court ruling that found such laws amount to cruel and unusual punishment when shelter space is lacking.

The case is the most significant to come before the high court in decades on the issue and comes as a rising number of people in the U.S. are without a permanent place to live.

In a 6-3 decision along ideological lines, the high court found that outdoor sleeping bans don’t violate the Eighth Amendment.

Western cities had argued that the ruling made it harder to manage outdoor encampments in public spaces, but homeless advocates said punishing people who need a place to sleep would criminalize homelessness.

In California, which is home to one-third of the country’s homeless population, Democratic Gov. Gavin Newsom said the decision gives state and local officials authority to clear “unsafe encampments” from the streets under policies that respect fundamental human needs. “This decision removes the legal ambiguities that have tied the hands of local officials for years,” he said.

Justice Neil Gorsuch acknowledged those concerns in the opinion he wrote for the majority.

“Homelessness is complex. Its causes are many. So may be the public policy responses required to address it,” he wrote. “A handful of federal judges cannot begin to ‘match’ the collective wisdom the American people possess in deciding ‘how best to handle’ a pressing social question like homelessness.”

He suggested that people who have no choice but to sleep outdoors could raise that as a “necessity defense,” if they are ticketed or otherwise punished for violating a camping ban.

Homeless advocates, on the other hand, have said that allowing cities to punish people who need a place to sleep would ultimately make the crisis worse. Cities had been allowed to regulate encampments under a U.S. 9th Circuit Court of Appeals ruling but couldn’t completely bar people from sleeping outdoors.

“Sleep is a biological necessity, not a crime,” said Justice Sonia Sotomayor, reading from the bench a dissent joined by her liberal colleagues. “Homelessness is a reality for so many Americans.”

Punishing people for something they can’t control, like homelessness, is cruel and unusual, she said. She warned that striking down Eighth Amendment arguments against camping bans likely won’t end the fights over the ordinances in court.

Los Angeles Mayor Karen Bass, a Democrat, criticized the majority ruling, saying cities shouldn’t “attempt to arrest their way out of this problem or hide the homelessness crisis in neighboring cities or in jail.” The only way to truly address it, she said, is to connect people with housing and services.

The case came from the rural Oregon town of Grants Pass, which appealed a ruling striking down local ordinances that fined people $295 for sleeping outside after tents began crowding public parks. The 9th Circuit Court of Appeals, which has jurisdiction over the nine Western states, has held since 2018 that such bans violate the Eighth Amendment in areas where there aren’t enough shelter beds.

Grants Pass Mayor Sara Bristol told The Associated Press that the city will not immediately start enforcing those local ordinances fining people for sleeping outside and that the city council will need to review the decision and determine the next steps.

“This lawsuit was about whether cities have a right to enforce camping restrictions in public spaces, and I’m relieved that Grants Pass will be able to reclaim our city parks for recreation,” said Bristol, who serves in a nonpartisan position. “Homelessness is a complex issue, and our community has been trying to find solutions.”

Attorney Theane Evangelis, who represented Grants Pass before the high court, applauded the ruling, saying the 9th Circuit decision had “tied the hands of local governments.”

“Years from now, I hope that we will look back on today’s watershed ruling as the turning point in America’s homelessness crisis,” she said.

In Portland, though, a spokesperson for the mayor’s office said the effect of the ruling would likely be muted since the state has separate legal limits on how cities can manage encampments. Seattle officials also expected a limited impact.

An attorney for homeless people who live in the town bemoaned the decision.

“We are disappointed that a majority of the court has decided that our Constitution allows a city to punish its homeless residents simply for sleeping outside with a blanket to survive the cold when there is nowhere else for them to go,” said Ed Johnson, director of litigation at the Oregon Law Center.

Friday’s ruling comes after homelessness in the United States grew a dramatic 12% last year to its highest reported level, as soaring rents and a decline in coronavirus pandemic assistance combined to put housing out of reach for more people.

More than 650,000 people are estimated to be homeless, the most since the country began using a yearly point-in-time survey in 2007. A lack of access to mental health and addiction resources can contribute to the crisis. Older adults, LGBTQ+ people and people of color are disproportionately affected by homelessness, advocates said.

Nearly half of people without housing sleep outside, federal data shows.

Derrick Belgarde, executive director of the Chief Seattle Club, a nonprofit that provides shelter, housing and other resources for Native Americans, said there’s a reason people may choose to sleep outside, explaining that before his organization was started members of the Native American population in the area weren’t using shelters because they didn’t feel safe in them or feel as though they belonged.

“I think it’s going to cause a lot of pain, a lot of misery to deny people the right to safety, to feel safe, to feel a sense of belonging. It’s going to be devastating for a lot of people,” said Belgarde, a member of the Confederated Tribes of Siletz Indians.

The 9th Circuit decision had governed nine states: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington.

___

Associated Press writers Rebecca Santana in Washington, D.C., John Antczak in Los Angeles, Hallie Golden in Seattle and Adam Beam in Sacramento, Calif., contributed to this story.

___

Follow the AP’s coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court.

Copyright 2024 The Associated Press. All rights reserved.

Supreme Court allows cities to enforce bans on homeless people sleeping outside, even if shelter space is lacking (2024)

FAQs

Supreme Court allows cities to enforce bans on homeless people sleeping outside, even if shelter space is lacking? ›

WASHINGTON (AP) — The Supreme Court cleared the way for cities to enforce bans on homeless people sleeping outside in public places on Friday, overturning a ruling from a California-based appeals court that found such laws amount to cruel and unusual punishment when shelter space is lacking.

What is the new Supreme Court rule about homeless people? ›

The U.S. Supreme Court today granted cities more power to arrest, cite and fine people who sleep outside in public places — overturning six years of legal protections for homeless residents in California and other western states.

What is the Supreme Court decision on sleeping in public? ›

U.S. Supreme Court votes to criminalize sleeping in public spaces. The U.S. Supreme Court has overturned a bill that allows people experiencing homelessness to sleep in public spaces.

Is it illegal to sleep outside in California? ›

Now that the Supreme Court has granted cities more power to ban sleeping outside, homeless Californians face a crucial decision: Try to get into a shelter, or risk going to jail. Those able to find a shelter bed will step into a world rife with reports of violence, theft, health hazards — and a lack of accountability.

What did the Supreme Court do to clear homeless encampments in California and the West? ›

Last year, 40% of homeless people slept under bridges, on sidewalks, in parks, cars, and abandoned buildings. The Supreme Court ruled that people without homes can be arrested and fined for sleeping in public spaces, overturning six years of legal protections for homeless residents in California.

Are homeless people banned from sleeping outside? ›

The Supreme Court on Friday allowed cities to enforce bans on homeless people sleeping outside in public places, ruling along ideological lines that such laws don't amount to cruel and unusual punishment, even in West Coast areas where shelter space is lacking.

Did the Supreme Court rule that cities can now ban homeless residents from sleeping outside? ›

WASHINGTON (AP) — The Supreme Court cleared the way for cities to enforce bans on homeless people sleeping outside in public places on Friday, overturning a ruling from a California-based appeals court that found such laws amount to cruel and unusual punishment when shelter space is lacking.

What did the Supreme Court rule about homeless camping? ›

The Supreme Court, which has a 6-3 conservative majority, decided that local governments should regulate homelessness as they see fit and that barring camping did not constitute cruel and unusual punishment. Justice Neil Gorsuch wrote for the majority with all the conservatives concurring.

Will the Supreme Court determine whether cities can punish people for sleeping in public when they have nowhere else to go? ›

WASHINGTON – The Supreme Court ruled today that the cruel and unusual punishment clause of the Eighth Amendment does not prohibit cities from punishing unhoused people for sleeping in public, even if they have nowhere else to go.

What is US Supreme Court Rule 18? ›

Appeal from a United States District Court. 1. When a direct appeal from a decision of a United States district court is authorized by law, the appeal is commenced by filing a notice of appeal with the clerk of the district court within the time provided by law after entry of the judgment sought to be reviewed.

Can I sleep in my backyard? ›

Is it safe to sleep outside in my backyard? While you'll need to consider the crime rate in your own neighborhood, sleeping in your backyard can be perfectly safe as long as you plan accordingly. Make sure you have what you need to stay dry and warm.

Can I just sleep outside? ›

SLEEPING OUTSIDE CAN IMPROVE YOUR IMMUNE SYSTEM

Sleeping outside not only improves your mental health but your physical health as well. By spending time outside and exposing yourself to nature, you expose your immune system to helpful microorganisms.

Is it illegal to sleep in your garage in California? ›

Living in a garage in California is only legal if the garage has been converted to a habitable space through the proper channels. Letting guests sleep in an unconverted space for a night can be a big enough violation to result in fines.

Are homeless encampments illegal in California? ›

The Supreme Court ruled Friday that cities in California and the West may enforce laws restricting homeless encampments on sidewalks and other public property.

What was the vote on the Supreme Court homeless case? ›

By a vote of six to three, the justices empowered cities to enforce laws prohibiting camping and vagrancy, dealing a blow to advocates who argue that the lack of affordable housing is driving a dramatic increase in the unhoused population. The tensions exposed by the case defy the usual partisan schisms.

What is California governor doing about homelessness? ›

The state has spent roughly $24 billion under Newsom's leadership to clean up streets and house people. That includes at least $3.2 billion in grants given to local government to build shelters, clear encampments and connect homeless people to services as they see fit, Newsom said.

What is the homeless Reduction Act? ›

The Act requires local authorities to give free information and advice on: preventing homelessness and securing accommodation when homeless. the rights of people who are homeless or threatened with homelessness. how to get help.

What is the Federal homeless Act? ›

Mckinney-vento act

The McKinney-Vento Homeless Assistance Act is the primary federal statute that authorizes assistance to people experiencing homelessness, including housing interventions and supportive services.

What does the constitution say about being homeless? ›

The federal Constitution does not expressly address the condition of homelessness. Nor does it expressly create a right to housing, in contrast to the constitutions of France, Spain, Sweden, and Belgium.

What is the homeless Bill of Rights USA? ›

The most common rights for persons experiencing homelessness include the right to: (1) move freely in public spaces, (2) equal treatment by state and municipal authorities, (3) not face discrimination while seeking or maintaining employment, (4) emergency medical care, (5) vote, register to vote, and receive ...

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