The U.S. Supreme Court on Friday overturned a lower court’s decision that had held enforcing criminal restrictions on public camping violates the Eighth Amendment's clause against cruel and unusual punishment unless the target of enforcement has access to adequate temporary shelter.
The ruling grants cities the authority to enforce laws restricting homeless encampments on sidewalks and other public property. The California Chamber of Commerce stated that the ruling will enable local leaders to more effectively address the needs of both the unhoused and their communities.
“As we’ve seen in California, homeless encampments are hurting small business as customers are deterred from patronizing stores, employees often feel unsafe entering the workplace, and business owners are left to deal with public health hazards that create additional challenges,” the CalChamber said.
Writing for the majority, Justice Neil Gorsuch noted, “Homelessness is complex. Its causes are many. So may be the public policy responses required to address it. At bottom, the question this case presents is whether the Eighth Amendment grants federal judges primary responsibility for assessing those causes and devising those responses. It does not.”
He added that Grant Pass’ regulations on camping do not inflict “terror, pain or disgrace,” nor do they criminalize being homeless.
“Under the city’s laws, it makes no difference whether the charged defendant is homeless, a backpacker on vacation passing through town, or a student who abandons his dorm room to camp out in protest on the lawn of a municipal building,” Justice Gorsuch wrote.
The case before for the Supreme Court, City of Grants Pass, Oregon v. Gloria Johnson et al., challenged an earlier decision in Martin v. City of Boise. The primary questions before the nation’s highest court were whether enforcing generally applicable laws regulating camping on public property constituted “cruel and unusual punishment” prohibited by the Eighth Amendment.
The ruling in Martin v. City of Boise resulted in cities throughout the Ninth Circuit facing difficulties when attempting to address homelessness issues. In 2023, this was extended by preventing enforcement of even generally applicable camping ordinances in Johnson v. City of Grants Pass.
Earlier this year, several chambers including CalChamber joined together asking for a reversal of Martin v. City of Boise by filing petitions with the U.S. Supreme Court arguing it hindered local efforts to support unhoused individuals while also negatively impacting businesses and communities.
Governor Gavin Newsom also filed a brief requesting that the U.S. Supreme Court hear this case.
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