The United States Supreme Court heard oral arguments this week in the case of Johnson vs. the City of Grants Pass.
According to John A. Charles, Jr., of the Cascade Policy Institute, the central question is whether local ordinances that prohibit people from camping on public property constitute "cruel and unusual punishment" under the Eighth Amendment.
Based on prior rulings in the 9th US Circuit Court of Appeals, western states have been limited since 2018 in what they can do to prevent people from using parks, sidewalks and streets as campgrounds. A successful class action lawsuit against the City of Grants Pass on behalf of homeless people has resulted in long-term camping in all city parks except Reinhart Volunteer Park, preventing residents from using the other parks for recreational purposes.
Although some people have criticized Grants Pass for allegedly making it illegal to be homeless, Charles said that is not the issue. He said cities and counties simply need clear authority to prohibit camping in certain public spaces, while designating other spaces as legal places to sleep for people who lack permanent shelters.
Charles contends enforcing those rules is not cruel -- it's essential to the livability of our communities. He said the sooner the Supreme Court clarifies this matter, the sooner we can implement real solutions to the problem of public spaces being permanently converted to unsanitary campgrounds.
The Supreme Court is expected to issue its ruling in late June or early July.
