The Supreme Court will hear arguments on Monday regarding a law that allows cities to impose fines on homeless individuals, which could drastically impact the lives of the hundreds of thousands without homes. radically changing the lives of the hundreds of thousands without homes.
The 9th Circuit Court of Appeals decided that cities cannot fine homeless people for camping in public if there are no alternative shelters available. However, the cities involved in the case want that decision overturned.
City and town officials argue that the restrictions hinder them from enforcing reasonable laws against public camping, while advocates for the homeless say that overturning the decision could essentially criminalize the existence of homeless people.
The case is led by the city of Grants Pass, Ore., which put in place a law that would fine homeless individuals $295 per night for camping in public. The town’s lawyer stated that blocking the law has made it difficult for cities to address the growing encampments.
The town’s lawyer stated that blocking the law has made it difficult for cities to address the growing encampments.
“And they’re unsafe, unhealthy and problematic for everyone, especially those who are experiencing homelessness,” lawyer Theane Evangelis told The Associated Press.
Rates of homelessness are at record-high levels as housing prices continue to soar. Homelessness is most common on the West Coast, where more expensive rent costs and milder temperatures make going without housing more likely.
There are about 650,000 homeless people in the country, according to the Department of Housing and Urban Development, with about a third of them living on the West Coast.
The argument of the case centers on the Eighth Amendment, with homeless advocates arguing that ticketing people without homes qualifies as “cruel and unusual punishment.”
“For years, political leaders have chosen to tolerate encampments as an alternative to meaningfully addressing the western region’s severe housing shortage,” attorneys representing the city’s homeless population wrote to the court in January, arguing against taking on the appeal.
Among the leaders lobbying the court to overturn the appellate ruling is California Gov. Gavin Newsom (D). In an amicus brief filed last month, Newsom — who has made fighting homelessness a marquis issue — argued that preventing municipalities from ticketing homeless people hampers law enforcement.
“Encampments are dangerous — period. California is investing billions to build housing and provide the services needed to get people out of tents and into safer situations,” In a statement, Newsom said. “However, our best efforts are being blocked because of sweeping injunctions that delay progress and fail to provide any consistent guidance for local authorities to abide by.”
“The United States Supreme Court can establish a balance that allows enforcement of reasonable limits on camping in public spaces, while still respecting the dignity of those living on our streets,” he continued. “By setting out a clear rule, the Court can empower state and local governments to enact and enforce compassionate policies that will help save lives, strengthen their communities, and ultimately work to stem the tide of this homelessness crisis.”
The Department of Justice has a similar stance, supporting the appellate decision to be reversed, and also expressing that homelessness in general should not be made illegal.
The mayors of San Francisco and Phoenix and 20 Republican attorneys general from various states also urged the Supreme Court to consider the case.
A decision is anticipated by the end of June.
