What was Utah’s response to a Supreme Court ruling allowing a ban on public sleeping to remain in place?

Utah officials are studying the impacts of a new Supreme Court decision that upheld city ordinances in Grants Pass, Oregon, intended to prohibit homeless people from sleeping in public areas, ruling the regulations did not violate the Eighth Amendment’s protection against cruel and unusual punishment.

Those officials as well as Utah homelessness advocates also renewed their pledge to keep working to help those in need in the state.

Writing for the majority in the 6-3 decision handed down Friday, Justice Neil Gorsuch noted that many cities in the American West face a homelessness crisis.

“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,” the majority opinion states.

Wayne Niederhauser, Utah’s homeless services coordinator, said in a statement that the Utah Office of Homeless Services will take “the necessary time to assess how the Grants Pass decision impacts our efforts at both the state and city levels.”

The office prioritizes the need for shelter and housing for those experiencing homelessness, he said.

“They are our family, friends and neighbors and deserving of human dignity. No one should have to live in a place not meant for human habitation, and it is essential to enforce local laws for the safety of all in our communities,” Niederhauser said.

The ALCU said the ruling means cities are not prohibited from enforcing camping ordinances “even if they (those cited) have nowhere else to go.“

Staff attorney Scout Katovich said, “It is hard to imagine a starker example of excessive punishment than fining and jailing a person for the basic human act of sleeping. ... As Justice Sonia Sotomayor’s dissent powerfully acknowledged, sleep is a biological necessity, not a crime. We cannot arrest our way out of homelessness, and we will continue litigating against cities that are emboldened by this decision to treat unhoused people as criminals.”

Meanwhile, the nonprofit organization Solutions Utah agreed with the court’s ruling.

“With this enforceable authority, cities can keep their parks, streets, sidewalks and other public places open, safe, clean and accessible for their intended uses. Now the state of Utah, with its communities, cities, and counties has the legal responsibility to enforce anti-camping and related laws and we encourage all to do so,” the organization said in a statement.

Solutions Utah , formerly known as Pioneer Park Coalition, advocates for “effective solutions that truly help those experiencing homelessness, improve community safety and quality of life, and increase accountability measures to best serve those in need,” according to its website.

A number of strategies are in the development stages in Utah, which will provide more shelter options and curb the need for enforcement if shelter beds are utilized instead of camping in public areas.

The state is planning for a 600- to 800-bed low-barrier emergency shelter , although the location has not yet been determined. Earlier this year, the Utah Legislature appropriated $25 million toward the facility.

A low-barrier emergency shelter provides “immediate and easy access to shelter by lowering barriers to entry and staying open 24/7; eliminating sobriety and income requirements and other policies that make it difficult to enter shelter, stay in shelter, or access housing and income opportunities,” according to the National Alliance to End Homelessness.

A tiny home village intended to house people experiencing chronic homelessness was approved by the Salt Lake City Council in 2022. The Other Side Academy was selected to operate the community, which is modeled after the master-planned Community First! Village in Austin, Texas. It has yet to open.

Also, the planned relocation of 25 microhousing units in Salt Lake City that serve people experiencing homelessness will occur later this summer and state officials are working to have them operational this fall.

The 25 pods, which have two dwelling spaces each, are currently located on Salt Lake City’s Redevelopment Agency land at 300 S. 600 West. When they are moved to state-owned land, the number of units could be doubled, according to Niederhauser.

Switchpoint , a nonprofit with shelters in St. George and Tooele, operates the microshelter community under state contract.