Supreme Court clears path for homeless bans in western states

The Supreme Court gave Western states the green light Friday, June 28, to ban homeless encampments on sidewalks and public spaces. It’s one of the most significant homelessness decisions in decades. The ruling in Grants Pass v. Johnson overturns a Ninth Circuit decision that blocked cities from enforcing penalties on the homeless.

These penalties include fines for first-time offenders, bans on repeat offenders from public parks, and jailing persistent violators for up to 30 days.

The appeals court had called the laws a form of cruel and unusual punishment.

The high court overturned that ruling, saying enforcing anti-camping laws doesn't violate the Eighth Amendment. This decision comes at a time when many U.S. cities are facing increased homelessness due to high housing costs and the end of COVID-19 aid programs.

Many state and local leaders see these bans as essential for public health and safety, but critics argue they criminalize homelessness.

Leading California Democrats , including Gov. Gavin Newsom and San Francisco Mayor London Breed, have been vocal in urging the Supreme Court to take this action.

“Today’s ruling by the U.S. Supreme Court provides state and local officials the definitive authority to implement and enforce policies to clear unsafe encampments from our streets," Newsom said in a statement . "This decision removes the legal ambiguities that have tied the hands of local officials for years and limited their ability to deliver on common-sense measures to protect the safety and well-being of our communities.”

Justice Neil Gorsuch , writing for the conservative majority, argued that the Eighth Amendment focuses on the type of punishment after a criminal conviction, not on criminalizing certain behaviors. He emphasized that enforcing public camping bans is a matter for local governments, not federal courts.

In dissent, Justice Sonia Sotomayor , joined by Justices Elena Kagan and Ketanji Brown Jackson, argued that the ruling undermines protections for homeless individuals. She stressed that the decision disregards the realities of homelessness and the complex reasons people refuse shelter.

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