The High Stakes of the Supreme Court’s Decision on Homelessness
Advocates fear that the case centering on an Oregon town’s ban on outdoor sleeping could usher in a wave of local laws criminalizing homelessness.
Homeless rights activists rally outside of the U.S. Supreme Court on April 22 in Washington, DC.
Photographer: Kevin Dietsch/Getty Images North AmericaOn April 22, the US Supreme Court heard oral arguments in a case that stands to have far-reaching consequences for cities struggling to manage homelessness — and those experiencing it.
In Grants Pass, Oregon v. Johnson, the justices will decide whether cities and states can effectively criminalize homelessness by penalizing people for sleeping outdoors. At the root of the case is a local ordinance: The small Oregon town of Grants Pass imposes a $295 fine for sleeping on public property, which can compound after repeat violations to criminal charges punishable by a $1,250 fine and up to 30 days in jail. The respondents’ attorneys say that such a ban constitutes a form of “cruel and unusual punishment” under the Eighth Amendment of the Constitution, as Grants Pass does not provide shelter space.