U.S. Supreme Court to review homelessness ordinance ban
The U.S. Supreme Court to Hear Landmark Challenge to Anti-Camping Ruling
The U.S. Supreme Court has announced its decision to hear a groundbreaking challenge to a previous ruling that prevented the enforcement of anti-camping ordinances. This challenge has garnered support from a wide coalition of Republican and Democratic leaders, including California Governor Gavin Newsom.
“California has invested billions to address homelessness, but rulings from the bench have tied the hands of state and local governments to address this issue,” said Newsom in a statement. “The Supreme Court can now correct course and end the costly delays from lawsuits that have plagued our efforts to clear encampments and deliver services to those in need.”
In 2023, Newsom filed an amicus brief in support of the Supreme Court’s review of a 2018 Ninth Circuit Court ruling in Martin v. Boise. This ruling has often been used by local courts in nine states and United States territories in the Pacific to prevent the adoption of anti-encampment policies.
The Martin v. Boise ruling states that cities cannot enforce anti-camping ordinances if there are inadequate shelter beds available for the local homeless populations. Some cities have attempted to create more limited, time-and-place specific ordinances in response to this ruling.
One such city is Grants Pass, Oregon, which passed an ordinance banning homeless individuals from using bedding, sleeping bags, or other materials for bedding purposes, as well as using stoves, lighting fires, or erecting structures of any kind. However, they still allow them to sleep in city parks. In the case of Gloria Johnson et al. v. City of Grants Pass, the Ninth Circuit ruled against anti-camping ordinances, with the majority of judges stating that homeless individuals are only allowed to sleep in city parks without any items necessary for sleeping outdoors.
Officials who support Supreme Court review of these cases echo the opinion of dissenting judge Daniel Collins, who argues that the issue of individualized involuntariness is set aside in the Martin v. Boise ruling. He believes that the ruling should be resolved on a classwide basis, based on whether the number of homeless persons in a jurisdiction exceeds the number of available shelter beds.
While statewide occupancy numbers are not available, a 2017 analysis by the Los Angeles Homeless Services Authority found that shelters had an average utilization rate of 78%, falling short of the 90% required in their contracts.
Based on the 2017 data, it is estimated that the LAHSA system has approximately 5,558 beds available on a given night. If the Supreme Court overturns the Martin v. Boise ruling, it is likely that cities within the Ninth Circuit’s purview will adopt stricter anti-camping laws and place more homeless individuals into shelters or treatment centers.
What are the justifications put forward by proponents of anti-camping ordinances in maintaining public health, safety, and the aesthetic integrity of public spaces
Itories to prevent the enforcement of anti-camping ordinances. The Ninth Circuit Court’s decision stated that punishing individuals for sleeping outside on public property when there are no available shelter beds violates the Eighth Amendment’s prohibition on cruel and unusual punishment.
The case of Martin v. Boise brings into sharp focus the ongoing struggle to address the issue of homelessness in the United States. Homelessness has become a pressing issue in many cities across the country, with encampments appearing in parks, sidewalks, and other public spaces. While local governments have implemented various measures to address the problem, the enforcement of anti-camping ordinances has often been met with legal challenges.
Advocates for the rights of homeless individuals argue that such ordinances criminalize homelessness and fail to provide effective solutions for those in need. They believe that punishing individuals for sleeping outside when there is a lack of shelter beds exacerbates the problem rather than addressing its root causes.
On the other hand, proponents of anti-camping ordinances argue that these measures are necessary to maintain public health, safety, and the aesthetic integrity of public spaces. They contend that allowing individuals to camp in public areas leads to unsanitary conditions, increases crime rates, and hinders the city’s ability to attract visitors and businesses.
The Supreme Court’s decision to review the Martin v. Boise ruling offers hope for a resolution to this contentious issue. The Court will have the opportunity to clarify the constitutional parameters of anti-camping ordinances and provide guidance to lower courts. The outcome of this landmark challenge will likely have far-reaching implications for cities struggling to address homelessness.
California, in particular, has been at the forefront of grappling with this crisis. Homelessness has reached record levels in the state, with an estimated 161,000 individuals experiencing homelessness in 2020 according to the U.S. Department of Housing and Urban Development. Governor Newsom’s support for the Supreme Court’s review reflects the urgency and complexity of the issue. It is clear that local and state governments cannot effectively address homelessness without clear legal guidance.
However, the Supreme Court’s decision will also have broader significance for the rest of the country. If the Court upholds the Ninth Circuit’s ruling, it would reinforce the rights of homeless individuals and impose limitations on how municipalities can regulate public spaces. Conversely, if the Court reverses the ruling, it would grant greater power to local governments to enforce anti-camping ordinances.
Ultimately, the Supreme Court’s decision in this case will shape the future of homelessness policy in the United States. While legal arguments and constitutional rights are central to this debate, it is vital not to lose sight of the human face of homelessness. Each encampment represents individuals and families who lack stable housing and access to basic necessities. Their well-being and dignity should be at the forefront of any policy discussions.
As the Supreme Court prepares to hear this landmark challenge, it is an opportunity for our nation to reevaluate its approach to homelessness. Whether through legislative action, increased funding for affordable housing, or innovative solutions, it is incumbent upon policymakers and communities to find compassionate and effective ways to address this pressing issue. The Supreme Court’s ruling will be a critical step forward in shaping a more equitable and just society for all.
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