The U.S. Supreme Court said cities can ban public camping. What’s next for your community?

Legislation on homelessness is back at the forefront after the U.S. Supreme Court ruled that a city code banning public camping in Grants Pass does not violate U.S. constitutional rights.

On Friday, June 28, the Supreme Court released an opinion in City of Grants Pass v. Johnson. The case essentially asks if enforcement of camping bans on public property violates the Eighth Amendment, which protects Americans from cruel and unusual punishment.

The plaintiffs argued that enforcement of Grants Pass’ ordinance banning camping and enforcing fines and jail times violated the constitution. The ordinance was being enforced on people who were “involuntarily homeless” and the city did not have enough shelter beds to house them — leaving homeless people with limited solutions on where to get a night’s rest.

In a 6-3 decision penned by Justice Neil Gorsuch, the court found that these punishments could not be considered cruel and unusual, and therefore the camping bans in Grants Pass are not in violation of the constitution.

“The Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest those rights and responsibilities from the American people and in their place dictate this Nation’s homelessness policy,” the decision read.

Let’s rewind

The Johnson v. Grants Pass case (originally named Blake v. Grants Pass for the now-deceased lead plaintiff) was brought on the heels of another high-profile case that made its way through the Ninth Circuit U.S. Court of Appeals in 2018 — Martin v. Boise.

In Martin v. Boise, Ninth Circuit judges ruled that local governments cannot prohibit public camping if adequate alternatives, such as shelter beds, are unavailable, but left room for the regulation of the time, place and manner of campsites. The ruling was based on the Eighth Amendment, with the Ninth Circuit arguing that enforcement of such prohibitions without alternatives would be cruel and unusual punishment, and laying the groundwork for the Grants Pass case.

The Supreme Court declined to hear an appeal on Martin v. Boise, solidifying the Ninth Circuit ruling.

In 2022, that same court found that Grants Pass had therefore violated the constitutional rights of people experiencing homelessness in the city due to city ordinances prohibiting such acts, with fines and eventually jail time on the line for violators. The city then appealed the case to the U.S. Supreme Court.

What does the Supreme Court’s decision mean?

The ruling in Grants Pass v. Johnson overturns Martin v. Boise, meaning that, as far as federal law goes, all U.S. states and local governments are free to prohibit public camping.

Technically, the ruling only impacts states within the Ninth Circuit, where the Martin v. Boise decision came out of. The rest of the country has been able to regulate public camping this way since before the higher court's decision.

Oregonians won’t see much of an impact — for now

While public camping prohibitions are fair game in the eyes of the federal government, that’s not the case in Oregon.

In 2021, the Oregon legislature passed House Bill 3115, which essentially codified the results of Martin v. Boise into state law.

HB 3115 states that local jurisdictions cannot outright ban public camping, but can create “objectively reasonable” regulations to the time, place and manner in which camping occurs.

By July 1 last year, nearly every city in Oregon had to conduct an overhaul of their local ordinances governing public camping, or else risk a lawsuit.

Despite the Supreme Court decision, states still have jurisdiction to decide if and how their cities can regulate public camping. So for now, Oregon cities are still bound to the “objectively reasonable” regulations they put in place last year.

Spotlight on the legislature

While the Grants Pass v. Johnson decision won’t have much of an immediate effect in Oregon, it does create an opening for future legal challenges — and potentially stricter laws regulating homelessness.

Two state legislators, Sen. Kayse Jama (D-Portland), chair of the Senate Housing and Development Committee, and Rep. Pam Marsh (D-Ashland), chair of the House Housing and Homelessness Committee, released a joint statement after the decision:

“Our goal remains making sure every Oregonian has access to safe, affordable housing so no one has to resort to sleeping on the streets. Homelessness will be solved by building more housing, supporting shelters and programs to get people on the path out of homelessness.

"Local jurisdictions have a duty to maintain livability for everyone in their communities — and, importantly, there needs to be a reasonable balance between those concerns and the reality that too many Oregonians don’t have anywhere safe to sleep. Today's Supreme Court ruling does nothing to solve the housing and homelessness crisis in Oregon. The legislature remains focused on addressing the root causes of homelessness, increasing the housing supply, and funding programs that help get people on a path out of houselessness,” the statement read.

Sen. Brian Boquist (I-Polk & Yamhill) said it’s too soon to know what legislative impacts the ruling will have, but it’s “certainly a future topic.”

Rep. Susan McClain (D-Forest Grove, Cornelius & Hillsboro) reiterated her support for HB 3115.

“As a supporter of HB 3115 (2021), it's always important to look at court rulings and implications and also look at the major goal of the bill and see what the challenges are and if there is a need for changes or amendments to the statute,” she stated.

Senate Republicans called HB 3115 “a reactionary piece of legislation” in a press release issued after the ruling, and said the legislature should align state laws with the Supreme Court decision.

“Despite the Supreme Court’s common sense ruling today, Democrats’ 'Right to Camp' law will continue to hamper local governments' ability to address homelessness effectively,” Senate Republican Leader Daniel Bonham (R-The Dalles) said in the release. “The Legislature should immediately provide clarity to our local governments as they work to reduce homelessness in their communities by taking action on HB 3115. This time, cities and counties that are most affected should be at the table, leading the discussions on what is best for their local jurisdictions. We stand ready to pass legislation that balances the interests of all residents — whether they are in a home or seeking shelter, utilizing both compassion and pragmatism to ensure our public spaces are safe, clean, and accessible for everyone.”

Rep. Hai Pham (D-South Hillsboro & West Beaverton) said the end goal of any new policies should be to make homelessness "rare and temporary."

"The Supreme Court decision does not solve the root problems of homelessness but instead isolates our most vulnerable neighbors and further stigmatizes homelessness," Pham said. "We need real solutions to increase our supply of affordable housing units and invest in strong wraparound services that can uplift communities."

Where does that leave my community?

Local ordinances will stand as they are, for now, so long as they are compliant with HB 3115’s “objectively reasonable” mandate.

In Tigard , that means campsites are allowed between 7 p.m. and 9 a.m., and within parks, greenspaces, 500-foot radii of schools, freeway ramps and shelters. Prohibited camping areas are delineated on a map on the city’s website . Campers may not have open flames; dig, erect or install fixtures; or obstruct travel or utility infrastructure. Campers are also limited to 12-by-12-foot site and must be 20 feet apart from other campers.

Camping in Hillsboro is allowed between 7 p.m. and 7 a.m. within the public right-of-way. A map of permitted camping areas can be found on the city’s website. Non-portable structures are not permitted, and campers may not connect to electrical or other utilities.

In Beaverton , camping is permitted between 9 p.m. and 7:30 a.m. within the public right-of-way, such as sidewalks and streets, but not within 500 feet of shelters, safe parking sites and properties where homeless services are provided; schools and day care facilities; and entrances and exits to freeways. Campers are prohibited from having open flames, must stay 150 feet apart and can only stay at a site for one night.

Some cities, such as Tualatin and Forest Grove , have outlined specific sites where camping can occur.

In Tualatin, camping is only permitted between 7 a.m. and 7 p.m. on a small parcel of land off Southwest Tualatin Road, near the Tualatin Police Department.

Forest Grove has designated a site near City Hall where campers may sleep between 7 p.m. and 7 a.m.

And in the unincorporated areas of Washington County , campers are limited to a five-day window, after which point they must move at least 500 feet away, and are restricted to 144 square feet in their campsite. Camping is prohibited at tax foreclosure properties, within 500 feet of designated shelter locations, schools, day care facilities, family care providers and natural resources.