The Supreme Court ruled on Friday that cities can penalize the homeless for sleeping outdoors, by upholding a law banning homeless encampments.
The 6-3 decision stemmed from the case of Grants Pass v. G. Johnson, after the Oregon town of Grants Pass started fining people nearly $300 for sleeping outside. If not paid, that fine would increase to $537.60, and multiple citations could expose the individual to criminal trespass charges — which could lead to a heftier fine and jail time.
"The enforcement of generally applicable laws regulating camping on public property does not constitute 'cruel and unusual punishment' prohibited by the Eighth Amendment," the Supreme Court said in its decision.
The city had previously argued it relied on "camping laws" — which bar the use of blankets, pillows or cardboard boxes for protection — to protect its community.
But a lower court had ruled against the town, saying it was cruel and unusual punishment since it didn't have enough shelter beds to house the individuals.
The high court's ruling essentially rejects arguments that banning homeless encampments went against the Constitution.
The case is the most significant to come before the Supreme Court in decades on this issue, and also comes at as a time when there's a rising number of people in the U.S. without a permanent place to live.
Last year, the total number of people experiencing homelessness increased by 12%, according to a report by the Department of Housing and Urban Development.
Chief Justice John Roberts said the Supreme Court will issue its last opinions of the term on Monday.
The City of Phoenix released the following statement regarding the ruling:
The City of Phoenix has worked strategically over the last several years to balance court orders from two different lawsuits, community needs, and available resources to address homelessness in our community. The City will continue to lead with services and will not criminalize homelessness, while we evaluate our programs based on the court’s ruling today. The City is confident in the processes created by the Office of Homeless Solutions and supporting departments to address encampments in a dignified and compassionate manner, connecting our most vulnerable residents with services while preserving the quality of life in our neighborhoods for all residents.
The 2024 Maricopa County Point-in-Time Count found a decrease of 19 percent in unsheltered homelessness within the City Phoenix and the first annual reduction in homelessness in Maricopa County since 2017. When offered diverse options that fit individualized needs, the vast majority of people experiencing homelessness will accept help and services. The City of Phoenix has prioritized creating more indoor shelter than ever before in the last several years. 790 new permanent shelter beds are planned for 2024 and 2025. 480 temporary beds were added in 2023 to serve people in need while the City continues to build permanent solutions. 592 permanent beds were also added in 2022. While we know shelter alone does not end homelessness, it is a crucial first step for many to connect with the right resources and support to end their homelessness. The City’s investments in shelter and appropriate services also help the City address encampments in neighborhoods, parks, transit stops, and other locations, alleviating public health and safety concerns.
The City is committed to its work in ending homelessness and recognizes that it requires comprehensive solutions such as affordable housing and prevention supports. The City will continue working diligently to create sustainable solutions for our community as a whole.
