The decision in an Oregon homelessness case, to be released in June, could be the most far-reaching judgment on the rights of the unhoused in decades.
By Ann E. Marimow and Reis Thebault, The Washington PostUnhoused senior citizens Kim Morris and Kevin Gevas call a homeless advocate from MINT at Tussing Park in Grants Pass, Ore.
Justice Sonia Sotomayor asked where people are supposed to sleep in a city that lacks sufficient shelter beds. The case began in Grants Pass, Ore., after officials started strictly enforcing a set of measures that outlawed sleeping or camping in public spaces like parks and in parked cars, imposing fines ranging from $75 to $295. The penalties increased substantially when unpaid and could eventually result in jail time or a park ban.
“Let us not forget that homeless individuals are citizens just as much as those fortunate enough to have a secure living space,” Clarke wrote.Anchorage Assembly rejects proposed rules for homeless camps and criminal charge for camping violationsA three-judge panel of the U.S. Court of Appeals for the 9th Circuit, which covers Western states, including Oregon, California and Washington, upheld the decision in 2022.
“The homelessness crisis is a significant challenge for communities large and small throughout the nation,” the city’s legal team, led by attorney Theane D. Evangelis, told the court in a court filing ahead of Monday’s argument. “The solution is not to stretch the Eighth Amendment beyond its limits and place the federal courts in charge of this pressing social problem.”
The Biden administration charted something of a middle path. Solicitor General Elizabeth B. Prelogar agreed with the unhoused individuals in court filings that anti-camping laws are unconstitutional when they target people who have no access to indoor shelter.
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