City of Grants Pass v. Johnson
Headline: Homeless camping rules allowed: Court overturns Ninth Circuit’s blanket ban and lets cities enforce public‑camping laws, making it easier for local governments to restrict sleeping or encampments on public property.
Holding: The enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment.
- Lets cities enforce public‑camping bans even when shelters are scarce.
- Maintains Eighth Amendment limits on punishment but narrows its use.
- Other legal claims like due process and excessive fines remain available.
Summary
Background
The city of Grants Pass, Oregon, adopted ordinances banning camping and overnight parking on public streets, sidewalks, and parks. Two homeless residents sued on behalf of people without shelter, arguing the city could not punish sleeping outdoors when there were not enough shelter beds. Lower courts relied on the Ninth Circuit’s Martin rule and enjoined enforcement, finding many local shelter beds unavailable due to restrictions and conditions.
Reasoning
The Supreme Court held the Eighth Amendment’s ban on ‘cruel and unusual punishments’ governs what punishments may follow a criminal conviction, not whether a government may criminalize conduct like sleeping outdoors. The Court said Robinson (which prohibited punishing mere status) does not apply here because the ordinances target actions, not a status. The Court declined to expand Robinson to cover acts described as “involuntary,” and it criticized the Ninth Circuit’s involuntariness test as unworkable and intrusive on local choices.
Real world impact
The ruling allows Grants Pass and other cities in and beyond the Ninth Circuit to enforce generally applicable camping bans against people sleeping outdoors. It leaves many other tools and legal limits intact: cities may still use time, place, and safety rules and may face separate constitutional challenges (for example, under due process or excessive‑fines principles). The decision shifts homelessness policy questions back to elected officials and local programs.
Dissents or concurrances
Justice Sotomayor’s dissent stressed Robinson’s protection against punishing status and argued that the Grants Pass ordinances in practice criminalize homelessness by punishing people who have nowhere to sleep. The dissent warned that the majority’s approach leaves vulnerable people exposed and urged other constitutional grounds remain available to challenge such laws.
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