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  • Axios Denver

    U. S. Supreme Court upholds urban camping ban targeting homeless

    By Esteban L. Hernandez,

    19 days ago

    The U.S. Supreme Court on Friday sided with an Oregon city's camping ban measure, a move some experts say will strengthen a similar law in Denver .

    Why it matters: The decision emboldens Denver's controversial urban camping ban, which has been in place since 2012. Advocates argue it criminalizes homelessness.


    Catch up quick: The SCOTUS case stems from a 2018 lawsuit filed on behalf of the homeless population in Grants Pass, Oregon.

    • It targets a local law banning people from sleeping in parks or using sleeping materials to set up living spaces. It allowed authorities to ticket or jail people in violation.
    • Lawyers representing the plaintiffs said the law violated the Constitution's clause prohibiting "cruel and unusual punishment."

    Driving the news: The high court's decision says enforcing laws regulating camping on public grounds doesn't violate the Constitutional clause against cruel and unusual punishment, per SCOTUSblog .

    • The court's conservative majority sided with the city, 6-3, with Justice Neil Gorsuch writing the majority opinion.

    Zoom in: Denver's law bans unauthorized camping on public and private property, meaning people need permission to stay there, per 5280 .

    The other side: Homeless advocates have repeatedly called for a camping ban repeal and for Denver to stop encampment sweeps, which they say further displace people without sheltering options.

    • However, under Mayor Mike Johnston's administration, sweeps are usually conducted only when housing or sheltering is available to people being removed.
    • Still, critics say this strategy hasn't solved the city's homelessness crisis.

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