Although it began with good intentions to prevent the “criminalization” of poverty and encourage cities to provide shelter, the Ninth Circuit’s approach proved counterproductive. Without credible threats of sanctions against public camps, government authorities have little power to induce people to go to evacuation beds when they are available. Arguably, this undermines the quality of life not only for those who live or work near dangerous camps, but also for homeless people themselves.
That’s why a broad bipartisan coalition, including leaders of big blue cities and small red towns like the Ninth Circuit, is asking the Supreme Court to rule in favor of Grants Pass, Oregon, a small city in the southern part of the state. . Civil penalties for public camping were struck down by the 9th Circuit last year. Oral arguments are on Monday, and we expect the justices to side with Grants Pass.
The Ninth Circuit’s position is that cities can penalize public camping only if there are enough beds in appropriate shelters within city limits to house all the “involuntary” homeless. , that is. To do otherwise would be a violation of the Eighth Amendment to the United States Constitution and subject to cruel and unusual punishment. As good as this may sound in theory, in practice the Ninth Circuit and its constituent district courts have defined the conditions for acceptable shelter so narrowly and confusingly that the There are very few places where you can do that.
Federal judges should not be in the business of issuing injunctions while assessing the quantity and quality of shelter. Phoenix, in a court brief for Friends of Grants Pass, said the judge was not “applying clear rules of law” but was acting “as a guide to homelessness policy.” Stated. Compounding the problem is the fact that shelters run by church groups may not count as available space, as faith-based environments can create the potential for unconstitutional religious establishments. This is the opinion of the 9th Circuit. Grants Pass violated this notable requirement because 138 of its beds were at Gospel Rescue Mission.
Read an overview of Oregon towns. And its supporters on the Supreme Court will be surprised by the gap between the Ninth Circuit’s vision and the real-world damage that results from federal court oversight of this traditional local responsibility. In Grants Pass, people camping along the Rogue River use the river for bathing, toileting, and drinking water. Last May, a homeless man killed another man in a park. The bigger the city, the bigger the problems. In San Francisco, more than 800 fires were started in 2023 by people cooking and staying warm in homeless encampments. Disease spread, along with dangerous waste such as discarded syringes and needles.
California Gov. Gavin Newsom’s (D) brief acknowledged that sleeping outside should not be punished when there is truly no alternative, but the 9th Circuit ruled that local officials should not be punished for sleeping outside when there is truly no alternative. Not only are they at risk of litigation if they take action, but they are also liable for the consequences of their inaction.” He also cited the contradictory fact that while homeless encampments in McPherson Square can be removed, communities in the state cannot.
The framers of the Eighth Amendment, who based it on the British Declaration of Rights, were responding to the barbarism of James II. The original purpose was to prevent punishments such as branding, burning at the stake, public dissection, and drawing and quartering. The Supreme Court updated this in 1958, recognizing “evolving standards of decency that mark the progress of a mature society.”
However, throughout history, courts have generally distinguished between society’s power to impose consequences for wrongful acts (regulated by the Eighth Amendment) and society’s power to define wrongful acts (which society is not). I’ve been doing it. In this case, the Ninth Circuit blurred that basic distinction. Fortunately, the Supreme Court can help restore order to both the Constitution and parks, roads, and sidewalks across the West.
