USALife.info / NEWS / 2024 / 01 / 13 / SUPREME COURT TO DECIDE WHETHER CITIES CAN PUNISH HOMELESS RESIDENTS FOR SLEEPING ON PUBLIC PROPERTY
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Supreme Court to decide whether cities can punish homeless residents for sleeping on public property

10:09 13.01.2024

The Supreme Court has taken on the task of reviewing lower-court rulings that have made it increasingly difficult for cities in the western United States to regulate the issue of homelessness. Specifically, the justices will be hearing an appeal from the city of Grants Pass, located in southwest Oregon. This appeal has gained support from California Governor Gavin Newsom, a Democrat, as well as other elected officials from both the Democratic and Republican parties who have been grappling with the challenges posed by homelessness, which has been exacerbated by rising housing costs and income inequality.

The timing of the Supreme Court's decision is notable, as it comes just a day after a panel of the 9th U.S. Circuit Court of Appeals upheld a lower-court ruling that blocked anti-camping ordinances in San Francisco. It is worth mentioning that Newsom himself was once the mayor of San Francisco. Additionally, another panel of the 9th circuit ruled in a separate Oregon case that Grants Pass could not enforce local ordinances that prohibited homeless individuals from using basic items such as blankets, pillows, or cardboard boxes for protection against the elements. These rulings have wide-ranging implications, as they apply to nine western states, including Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.

The decisions made by the 9th circuit, along with a similar ruling in 2018 pertaining to a case in Boise, Idaho, all share a common thread. They argue that punishing individuals for sleeping on the streets when there are no available alternatives, such as shelter beds, amounts to "cruel and unusual punishment" in violation of the Constitution. Elected officials have expressed their concerns over these rulings, asserting that they complicate their efforts to address the issue of tent encampments, a long-standing problem in West Coast cities that has recently spread across the country. Last year, the federal count of homeless individuals reached a staggering 580,000, largely driven by a lack of affordable housing, the economic devastation caused by the pandemic, and limited access to mental health and addiction treatment.

Homeless individuals and their advocates argue that the sweeps conducted by cities to clear encampments are not only cruel but also a waste of taxpayer money. They believe that the solution lies in providing more housing rather than resorting to crackdowns. The pressure to address the issue of homelessness has intensified, prompting cities from Los Angeles to New York to ramp up their efforts to clear encampments. Records reviewed by The Associated Press reveal that public pressure has mounted due to concerns over the dangerous and unsanitary living conditions in these encampments.

In summary, the Supreme Court's decision to review lower-court rulings regarding homelessness in the western United States has significant implications for cities struggling to address this issue. The rulings in question have made it harder for cities to regulate the presence of homeless individuals on the streets, particularly when there is a lack of available shelter beds. With homelessness on the rise and public pressure mounting, the Supreme Court's forthcoming decision will undoubtedly shape the future approach to tackling this complex and pressing problem.

/ Saturday, January 13, 2024, 10:09 AM /

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