On Friday, the U.S. Supreme Court gave cities more leeway to punish people for sleeping outside. The decision could have major implications for how localities approach homelessness.
The case began in Grants Pass, Ore., where people experiencing homelessness sued the city, saying strict laws barring camping on public property made it nearly impossible to be homeless there. Those who violate the ordinances are subject to fines.
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But in a 6-3 decision, the Supreme Court ruled in favor of Grants Pass, findingthe city鈥檚 laws don鈥檛 amount to cruel and unusual punishment under the constitution. It also overturned from a Boise, Idaho, case, which held cities can鈥檛 enforce anti-camping laws when there aren鈥檛 enough shelter beds.
Cities from across the West 鈥� from Las Vegas to Colorado Springs 鈥� told the high court those legal protections have hamstrung their ability to address a surge in homelessness while protecting public safety.
Advocates worry the decision could lead cities to scale up the criminalization of people experiencing homelessness without regard for the amount of shelter space available.
鈥淐ities are now even more empowered to neglect proven housing-based solutions and to arrest or fine those with no choice but to sleep outdoors,鈥� said Jesse Rabinowitz with the National Homelessness Law Center (NHLC).
The NHLC also argued anti-camping laws won鈥檛 address the root causes of homelessness, like a lack of affordable housing.
The ruling only directly addresses laws in states covered by 9th Circuit Court of Appeals, including Nevada, Idaho, Montana, and Idaho in the Mountain West. But the ruling will likely have repercussions beyond Western states.
鈥淚t could open the doors for more cities to enact more punitive ordinances, which we know doesn鈥檛 solve homelessness,鈥� said Cathy Alderman, the chief communications and public policy officer for the Colorado Coalition for the Homeless.
In a statement, Boise Mayor Lauren McLean said under her leadership, the city鈥檚 approach to homelessness will not change as a result of the court decision. She highlighted efforts such as an expansion of permanent supportive housing.
The city of Grants Pass applauded the decision, but also said it鈥檚 committed to finding stable housing for unhoused residents.
This story was produced by the Mountain West 暗黑爆料 Bureau, a collaboration between Wyoming Public Media, Nevada Public Radio, Boise State Public Radio in Idaho, KUNR in Nevada, KUNC in Colorado and KANW in New Mexico, with support from affiliate stations across the region. Funding for the Mountain West 暗黑爆料 Bureau is provided in part by the .
