Supreme Court Sides with Oregon Law to Crack down on Homeless Encampments
The Supreme Court ruled on Friday that a law in an Oregn city restricting camping on public property by homeless individuals does not violate the Constitution’s Eighth Amendment clause against cruel and unusual punishment.
The law, passed by the city of Grants Pass, aimed to address homeless encampments on public property, including imposing fines of $295 for sleeping on public property. However, the 9th Circuit Court of Appeals had previously struck down this law, arguing that it violated the constitutional rights of homeless people. The appellate court ruled that the city could not enforce the restriction if the number of available beds for the homeless was lower than the estimated number of homeless individuals in the area.
In a 6-3 decision, the Supreme Court reversed the lower court’s ruling, declaring the law constitutional. Justice Neil Gorsuch wrote the majority opinion, joined by Justices Kavanaugh, Roberts, Alito, Barrett, and Thomas.
“The Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest those rights and responsibilities from the American people and in their place dictate this Nation’s homelessness policy,” Gorsuch stated in the decision.
Gorsuch emphasized the democratic process in addressing homelessness, noting, “Yes, people will disagree over which policy responses are best; they may experiment with one set of approaches only to find later another set works better; they may find certain responses more appropriate for some communities than others.”
“But in our democracy, that is their right,” he continued.
He added “Nor can a handful of federal judges begin to ‘match’ the collective wisdom the American people possess in deciding ‘how best to handle’ a pressing social question like homelessness.”
Grants Pass Mayor Sara Bristol welcomed the decision, expressing in a statement to the Associated Press the relief that the city could enforce camping restrictions in public spaces.
“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,” she said. “Homelessness is a complex issue, and our community has been trying to find solutions.”
