Supreme Court clears path for homeless bans in western states

[lauren taylor]

THE SUPREME COURT GAVE WESTERN STATES THE GREEN LIGHT FRIDAY TO BAN HOMELESS ENCAMPMENTS ON SIDEWALKS AND PUBLIC CAMPING. IT’S ONE OF THE MOST SIGNIFICANT HOMELESSNESS DECISIONS IN DECADES.

THE RULING IN GRANTS PASS V JOHNSON OVERTURNS A NINTH CIRCUIT DECISION BLOCKING CITIES FROM ENFORCING PENALTIES ON THE HOMELESS. THOSE INCLUDE FINES FOR FIRST-TIME OFFENDERS, BANS ON REPEAT OFFENDERS FROM PUBLIC PARKS, AND JAILING PERSISTENT VIOLATORS FOR UP TO 30 DAYS.

THE APPEALS COURT CALLING THE LAWS A FORM OF CRUEL AND UNUSUAL PUNISHMENT.

THE HIGH COURT OVERTURNED THAT RULING, SAYING ENFORCING ANTI-CAMPING LAWS DOESN’T VIOLATE THE EIGHTH AMENDMENT
THIS RULING COMES AT A TIME WHEN MANY U.S. CITIES ARE FACING INCREASED HOMELESSNESS DUE IN PART TO HIGH HOUSING COSTS AND THE END OF COVID-19 AID PROGRAMS.

MANY STATE AND LOCAL LEADERS SEE THESE BANS AS ESSENTIAL FOR PUBLIC HEALTH AND SAFETY, BUT CRITICS ARGUE THEY CRIMINALIZE HOMELESSNESS.

A PAIR OF LEADING CALIFORNIA DEMOCRATS — GOV. GAVIN NEWSOM AND SAN FRANCISCO MAYOR LONDON BREED — HAVE BEEN SOME OF THE LOUDEST VOICES URGING THE SUPREME COURT TO TAKE THE ACTION IT DID.

LONDON BREED
MAYOR OF SAN FRANCISCO
“The homeless coalition has held San Francisco hostage for decades. It is time for their reign to end. Let me be clear, this city leads with compassion. We invest billions of dollars to help people who are homeless. Since 2018 we have helped 10,000 people exit homelessness.”

GOV. GAVIN NEWSOM
D-CA
[57:43]
“Needles strewn everywhere, feces everywhere no compassion no compassion whatsoever leaving people in those conditions when we had an alternative but the judge was saying you can’t use that alternative because of this Court ruling so uh it’s very frustrating uh this is uh to me just about common sense not about ideology.”

[lauren taylor]

JUSTICE NEIL GORSUCH, WRITING FOR THE CONSERVATIVE MAJORITY, ARGUED THAT THE EIGHTH AMENDMENT FOCUSES ON THE TYPE OF PUNISHMENT AFTER A CRIMINAL CONVICTION, NOT ON CRIMINALIZING CERTAIN BEHAVIORS. HE EMPHASIZED THAT ENFORCING PUBLIC CAMPING BANS IS A MATTER FOR LOCAL GOVERNMENTS AND NOT FEDERAL COURTS.

IN DISSENT, JUSTICE SONIA SOTOMAYOR, JOINED BY FELLOW LIBERAL JUSTICES ELENA KAGAN AND KETANJI BROWN JACKSON, ARGUED THAT THE RULING UNDERMINES PROTECTIONS FOR HOMELESS INDIVIDUALS. SHE STRESSED THAT THE DECISION DISREGARDS THE REALITIES OF HOMELESSNESS AND THE COMPLEX REASONS PEOPLE REFUSE SHELTER.

I’M LAUREN TAYLOR

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