City of Grants Pass, Oregon v. Johnson et al., Docket No. 23–175
Removal of persons camping on public property does not violate our Eighth Amendment rights. The Supreme Court's ruling in City of Grants Pass, Oregon v. Johnson decides that enforcing laws about camping on public property does not meet the standard of cruel and unusual punishment. This decision overturned a previous ruling frmo the Ninth Circuit that had prevented the city from enforcing its camping laws against homeless individuals when there weren't enough shelter beds available.
Justice Neil Gorsuch wrote the majority opinion, joined by several other justices, including Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Brett Kavanaugh, and Amy Coney Barrett. However, there was a dissenting opinion from Justice Sonia Sotomayor, supported by Justices Elena Kagan and Ketanji Brown Jackson.
This case highlights the ongoing debate about how cities can manage public spaces and the rights of homeless individuals. It raises questions about the balance between enforcing laws and ensuring that people have access to basic needs like shelter. As communities continue to grapple with these issues, this ruling will likely have a significant impact on how public camping laws are applied across the country.
Summary of the Case
The case of City of Grants Pass, Oregon v. Johnson arose from a class action lawsuit filed by homeless individuals against the city of Grants Pass, Oregon. The plaintiffs contended that the city's public-camping ordinances, which prohibited camping on public property, violated the Eighth Amendment's prohibition against cruel and unusual punishment. This legal challenge was influenced by a prior Ninth Circuit ruling in Martin v. Boise, which held that cities could not enforce such ordinances against homeless individuals when the number of homeless exceeded the available shelter beds. The district court agreed with the plaintiffs, issuing an injunction against the enforcement of the ordinances, which was subsequently affirmed by a divided panel of the Ninth Circuit.
Opinion of the Court
The Supreme Court, in a decision delivered by Justice Gorsuch, reversed the Ninth Circuit's ruling. The Court held that the Eighth Amendment's Cruel and Unusual Punishments Clause is focused on the methods of punishment imposed after a criminal conviction, rather than on the question of whether a government may criminalize specific behaviors. The Court reasoned that the punishments imposed by Grants Pass—such as fines and temporary exclusion from public parks—do not constitute cruel and unusual punishment as they are not designed to inflict terror, pain, or disgrace. The Court distinguished the case from Robinson v. California, asserting that the public-camping ordinances do not criminalize mere status (homelessness) but rather actions (camping) that any individual, regardless of their housing status, could engage in. The Court emphasized that local governments must have the authority to regulate public spaces and that the complexities of homelessness should be addressed through democratic processes rather than judicial mandates.
Separate Opinions
Justice Thomas filed a concurring opinion, agreeing with the Court's conclusion but also criticizing the precedent set by Robinson v. California. He argued that the decision in Robinson was wrongly decided and that the Eighth Amendment should not extend to prohibiting the criminalization of status.
Dissenting Opinions
Justice Sotomayor, joined by Justices Kagan and Jackson, dissented. The dissent argued that the ordinances effectively criminalize homelessness by punishing individuals for sleeping in public when they have no alternative shelter. Sotomayor contended that this punishment is inherently cruel and unusual, as it penalizes a biological necessity—sleeping—when individuals lack access to shelter. The dissent emphasized the need to balance the rights of homeless individuals with the responsibilities of local governments, asserting that the majority's ruling fails to protect the most vulnerable members of society.
Camping, Homelessness and the Eighth Amendment
The legal nuance in this case revolves around the interpretation of the Eighth Amendment's Cruel and Unusual Punishments Clause. The majority opinion clarified that this clause is primarily concerned with the nature of punishments following a criminal conviction, rather than the legitimacy of criminalizing certain behaviors. The Court distinguished between punishing a status (such as homelessness) and punishing actions that any individual might undertake. This distinction is critical, as it underscores the Court's view that local governments retain broad authority to regulate public behavior, including the enforcement of laws against public camping. The dissent, however, highlighted the potential for these laws to disproportionately affect homeless individuals, raising concerns about the moral implications of criminalizing basic survival actions. The case illustrates the ongoing tension between public safety regulations and the rights of marginalized populations, particularly in the context of homelessness.
Podcast audio provided by: