The U.S. Supreme Court is currently deliberating on the constitutionality of a law that penalizes homelessness in a small town in Oregon. The final verdict is expected by the end of June.
According to Columbia Broadcasting System (CBS) and the Associated Press (AP) on the 22nd (local time), the case began in 2018 when three homeless individuals from Grants Pass, a small town of 40,000 residents in western Oregon, sued the city, claiming that its law against homelessness was unconstitutional. According to the law, camping or sleeping in public places like parks is prohibited in Grants Pass, and violators can be fined a minimum of $295. Park access is banned for 30 days if the law is repeatedly violated. Violating this ban and camping in the park is considered trespassing, punishable by up to 30 days in jail and a $1,250 fine. The homeless plaintiffs argued that this law violates the Eighth Amendment of the U.S. Constitution, which prohibits cruel and unusual punishments. The city of Grants Pass defended its law in court, claiming that it had been appropriately enforced, and revealed that they had issued over 500 summons between 2013 and 2018. However, the Federal District Court in Oregon sided with the homeless plaintiffs, ruling that the law violated the Eighth Amendment. The court prohibited the city from enforcing the law at night and required a 24-hour advance notice before daytime enforcement. The Ninth Circuit Court of Appeals also upheld the lower court’s ruling that the law was unconstitutional. The city appealed again, and the case is now before the Supreme Court for a final decision on its constitutionality.
Foreign press reported that during the Supreme Court’s discussion, the justices debated the law’s constitutionality and whether it was appropriate for the Supreme Court to interfere with local law enforcement. Justice Sonia Sotomayor, known for her progressive views, argued that sleeping is a biological necessity act and that in cases where individuals are homeless, or there is no room in homeless shelters, they may have no choice but to sleep outdoors. On the other hand, conservative justices questioned the extent to which the Eighth Amendment applies, given that many cities are grappling with public safety and sanitation issues due to an increase in homelessness. Currently, it is estimated that there are over 650,000 homeless individuals in the U.S., the highest number since 2007.