Does not amount to “cruel and unusual punishment” under the Eighth Amendment
The Supreme Court has affirmed the validity of ordinances in a southwest Oregon city that restrict individuals experiencing homelessness from utilizing blankets, pillows, or cardboard boxes as protective measures against the elements while sleeping within city limits. In a decision reached by a 6-3 vote, the justices sided with the city of Grants Pass, asserting that the ordinances serve to prohibit camping on public property for all individuals and do not infringe upon the Constitution’s prohibition of cruel and unusual punishment.
Writing for the majority, Justice Neil Gorsuch contended that the Eighth Amendment, which bans cruel and unusual punishment, “serves many important functions, but it does not authorize federal judges” to “dictate this Nation’s homelessness policy.”
Instead, he suggested, such a task should fall to the American people.
Justice Sonia Sotomayor dissented, in an opinion joined by Justices Elena Kagan and Ketanji Brown Jackson. She argued that the majority’s ruling “focuses almost exclusively on the needs of local government and leaves the most vulnerable in our society with an impossible choice: Either stay awake or be arrested.”
In Grants Pass, a city with a population of just under 40,000, as many as 600 individuals experience homelessness on any given night, prompting the city’s decision in 2013 to intensify the enforcement of existing laws that prohibit the use of blankets, pillows, and cardboard boxes for sleeping within city limits.
Violators are subject to significant fines starting at 295 dollars, which can increase to 537.60 dollars if not paid promptly. Receiving two citations may result in local police issuing a ban from city property and anyone who disregards this order can be charged with criminal trespass, which may lead to penalties of up to 30 days imprisonment and a fine of 1250 dollars.
Holding: The enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Gorsuch on June 28, 2024. Justice Thomas filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, in which Justices Kagan and Jackson joined.
Recommended Citation: Amy Howe, Justices uphold laws targeting homelessness with criminal penalties, SCOTUS blog (Jun. 28, 2024, 1:48 PM), https://www.scotusblog.com/2024/06/justices-uphold-laws-targeting-homelessness-with-criminal-penalties/
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