“Cruel and unusual”
Supreme Court examines anti-homeless law
April 22, 2024, 11:34 p.m
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In the US city of Grants Pass, which has a population of 40,000, a law is intended to prevent homeless people from camping on public land. An appeals court overturns the decision. Now it goes to the country’s highest court. Depending on how it decides, this could have dramatic effects for thousands of those affected.
Against the background of a massive increase in the number of homeless people in the USA, the country’s highest court is considering punitive measures against people sleeping in the open air. The case before the Supreme Court in Washington revolves around the actions of the city of Grants Pass in the western state of Oregon. However, the decision could have consequences for hundreds of thousands of homeless people across the country.
The city of Grants Pass, with a population of 40,000, had banned homeless people from using blankets, pillows or boxes to sleep outdoors on public land as part of camping rules. Violations of the rules should be punishable by fines of several hundred dollars. If these were not paid, expulsions and even higher sanctions, including prison sentences, were envisaged.
Many other municipalities in the USA also have such regulations in place to drive homeless people out of parks and other public areas. The number of homeless people in the USA has increased significantly as a result of social impoverishment, drug use as well as high rents and a lack of housing. In January 2023, according to the Ministry of Housing, the number of homeless people was at a record high of 653,100 nationwide – an increase of twelve percent compared to the previous year.
“A cruel and unusual punishment”
However, Grants Pass’s regulations were overturned by an appeals court. It followed arguments from homeless advocacy groups that banning people from sleeping in public spaces when there was no other place to sleep amounted to “cruel and unusual punishment”. Such punishments are prohibited by the Eighth Amendment to the U.S. Constitution. The city of Grants Pass, in turn, appealed this court decision to the Supreme Court.
Grants Pass attorney Theane Evangelis called on the Supreme Court at Monday’s hearing to stop the appeals court’s “failed experiment.” With its ruling, the court “fuelled” the spread of homeless camps. The city government of Grants Pass does not operate any shelter for homeless people, but leaves this task to private charities.
Homeless advocate Kelsi Corkran argued in front of the Supreme Court that Grants Pass’s rules and penalties simply seek to “drive away” homeless people to other communities.