In major homelessness case, US Supreme Court upholds ban on sleeping outside (2024)

Victoria Eavis

The U.S. Supreme Court ruledFriday that municipalities can enforce bans on sleeping outside, a decision that is likely to reverberate throughout Montana.

The case originated out of the 9th U.S. Circuit Court of Appeals, which has jurisdiction over Montana. The 9th Circuit originallyheld that it is unconstitutional to penalize people with civil citations for sleeping outside when there are an inadequate number of shelter beds available in the area.

Ryan Sudbury, Missoula city attorney, called the ruling "a pretty unfettered win for the authority."

Just up North, Kalispell City Attorney Johnna Preble struck a different tone: "This is a great decision for local control," she said.

The 6-3 ruling was along ideological lines, and the majority found that it is not a violation of the U.S. Constitution's prohibition on cruel and unusual punishment to disallow people from sleeping outside even when there are no shelter beds available.

People are also reading…

"The Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest those rights and responsibilities from the American people and in their place dictate this Nation’s homelessness policy,"Justice Neil Gorsuch wrote for the majority.

Leading up to oral arguments earlier this year, the National Homelessness Law Center called it the "most significant case about homelessness in 40+ years."

"What the Supreme Court has held is that the Eighth Amendment to the Constitution that prohibits cruel and unusual punishment can't be the basis for the Supreme Court getting involved in this dispute," said Amy Hall, an attorney who specializes in Montana housing law. "[The court] doesn't want to take away from the American people's right to how to best deal with houselessness."

The case, which came from Grants Pass, Oregon, was an expansion on an earlier ruling also from the 9th Circuit: Martin v. Boise, which ruled that hitting people with criminal penalties for sleeping outside when there was not alternative shelter space available was unconstitutional under the Eighth Amendment's clause on cruel and unusual punishment. Key to this ruling is that the court also found that the plaintiffs were involuntarily homeless, meaning they had no choice but to be on the street.

Montana cities watch U.S. Supreme Court case on homeless encampments

"Sleep is a biological necessity, not a crime. For some people, sleeping outside is their only option," Justice Sonia Sotomayor wrote in the dissent. "To address these challenges and provide for public health and safety, local governments need wide latitude, including to regulate when, where, and how homeless people sleep in public. The decision below did, in fact, leave cities free to punish..." Sotomayor continued.

Earlier this year, Alex Rate, interim deputy director of ACLU Montana, worried that if the court ruled in this direction, it could "embolden communities like Boise to pass inhumane ordinances that criminalize being unhoused."

Martin and Grants Pass are brought up frequently in Montana, especially as an increasing number of cities grapple with ballooning homeless populations. Multiple cities and towns in the state currently have ordinances related to homelessness or "urban camping."

On June 25 the Missoula City Councilmet until 3:30 a.m.debating, and ultimately passing, urban camping restrictions.

Montana ranks near worst in multiple nationwide homelessness categories

Previously, a municipal law in Missoula that had been on the books for decades banned urban camping citywide, but officials werenot enforcing the lawsince the 9th U.S. Circuit Court of Appeals ruled that people sleeping outside and in tents can't be punished if there are not enough shelter beds available.

"We're... striking the balance between protecting the rights of the unhoused and also protecting the safety of the citizens to access public places," Sudbury said.

In theory, that law could go back into effect given the Supreme Court's ruling, but the city council would have to vote on the matter first, Sudbury explained.

The city of Bozeman started removing homeless people from parks and recreation areas once the Warming Center expanded its capacity. With a year-round shelter in town, the city was given authority to force homeless people out of these spaces under the Martin ruling.

“As long as there’s a shelter space, we can remove them from the park,” Bozeman Police Capt. Joseph Swanson told the Montana Free Press in 2022.

In major homelessness case, US Supreme Court upholds ban on sleeping outside (1)

In response to Friday's ruling, the city of Bozeman announced it would convene a work session in early August to discuss a recent urban camping ordinance passed in the city.

“We look forward to discussing Ordinance 2147 with the Commission on August 6 and how the Supreme Court’s decision factors into how we move forward,” Chief Civil Attorney Anna Saverud said in a press release Friday.

Down the interstate in Manhattan, the city passed a similar but stricter ordinance to Bozeman's that prohibits camping on a public road for more than three days. That ordinance cited both the Grants Pass and Martin cases.

In early 2023 the city of Kalispell— the town where ahomeless man was beaten to deathlast year — passed three ordinancesin responsetothe ongoing encampment of homeless people in downtown Kalispell. Theordinancesregulate people's occupancy in a covered structure, regulate personal items in public places and outlaw personal structures in parks.Those ordinances were put into place with Grants Pass explicitly in mind, Kalispell City Attorney Johnna Preble previously explained to Lee Newspapers.

This ruling comes during a time when Montana has one of the fastest growing populations of homeless people in the country.

Between 2007 — when the nationwide annual tracking began — and 2023, the number of people experiencing homelessness increased in 25 states, according to the Department of Housing and Urban Development's 2023 Annual Homelessness Assessment Report.

Montana had the second-largest percentage increase in the number of people experiencing homelessness at 89% and the third-largest percentage increase from 2022 to 2023 at 45%.

Those trends are in part due to the skyrocketing housing prices across the state: Montana ranks eighth among states for fastest home price appreciation since 2020.

The "typical home value" in Montana averaged $440,000 in the first quarter of 2023, up from $280,000 three years ago, according to a state report. As of 2021, 42% of renters were classified as cost-burdened, meaning they spent more than 30% of their household income solely on rent.

In major homelessness case, US Supreme Court upholds ban on sleeping outside (2)

Victoria Eavis is a reporter for the Montana State News Bureau.

0 Comments

'); var s = document.createElement('script'); s.setAttribute('src', 'https://assets.revcontent.com/master/delivery.js'); document.body.appendChild(s); window.removeEventListener('scroll', throttledRevContent); __tnt.log('Load Rev Content'); } } }, 100); window.addEventListener('scroll', throttledRevContent); }

Be the first to know

Get local news delivered to your inbox!

In major homelessness case, US Supreme Court upholds ban on sleeping outside (2024)

FAQs

In major homelessness case, US Supreme Court upholds ban on sleeping outside? ›

The case is the high court's most significant ruling on the issue in decades and comes as a rising number of people in the U.S. are without a permanent place to live. In a 6-3 decision along ideological lines, the high court found that outdoor sleeping bans don't violate the Eighth Amendment.

Did the Supreme Court uphold the ban on sleeping outdoors in the homelessness case? ›

WASHINGTON (AP) — The Supreme Court cleared the way for cities to enforce bans on homeless people sleeping outside in public places on Friday, overturning a ruling from a California-based appeals court that found such laws amount to cruel and unusual punishment when shelter space is lacking.

What was the Supreme Court decision on homelessness? ›

Specifically, the Supreme Court determined that the “cruel and unusual punishment” clause of the Eighth Amendment does not prohibit the City of Grants Pass from enforcing criminal punishments against people who are homeless for camping outside in the city.

Can homeless people be punished for sleeping outside? ›

The U.S. Supreme Court says cities can punish people for sleeping and camping in public places, overturning lower court rulings that deemed it cruel and unusual.

Can homeless people sleep outside? ›

The Supreme Court on Friday allowed cities to enforce bans on homeless people sleeping outside in public places, ruling along ideological lines that such laws don't amount to cruel and unusual punishment, even in West Coast areas where shelter space is lacking.

Does the Supreme Court allow cities to ban homeless camps? ›

Bans on homeless encampments in Texas drew the effective backing of the U.S. Supreme Court in a sweeping ruling Friday that allows cities and states to fine people experiencing homelessness for sleeping in public places amid record-high homelessness levels.

Is sleeping outside banned in Oregon? ›

The Supreme Court on Friday upheld an Oregon city's ban on homeless residents sleeping outdoors, a decision likely to reverberate far beyond the West Coast as cities across the country grapple with a growing homelessness crisis. The ruling, by a 6-to-3 vote, split along ideological lines.

What is the Supreme Court decision on the Grants Pass homeless? ›

Tents in Fruitdale Park in Grants Pass in May 2024. On Friday, the U.S. Supreme Court upheld the city's ban against homeless people camping in public spaces. That ruling changes law in the 9th Circuit Court of Appeals, which includes nine Western states where the majority of the country's unsheltered people live.

What did the Supreme Court rule about ripples homeless people? ›

The 6-3 opinion came from Justice Neil Gorsuch. The Supreme Court on Friday ruled that a local ordinance to bar anyone without a permanent residency from sleeping outside does not amount to "cruel and unusual" punishment under the Eighth Amendment.

Is it illegal to be homeless in Colorado? ›

The bill creates the 'Colorado Right to Rest Act', which establishes basic rights for persons experiencing homelessness, including, but not limited to, the right to use and move freely in public spaces, to rest in public spaces, to eat or accept food in any public space where food is not prohibited, to occupy a legally ...

Can a homeless person be jailed for sleeping outside? ›

Washington, D.C. — In a profoundly disappointing ruling, the U.S. Supreme Court today decided that it is constitutional to arrest or fine homeless individuals for using survival items like blankets or pillows in public spaces when no alternative shelter is available.

Is sleeping outside good for you? ›

Spending a night outdoors is an easy way to replenish these oxygen levels and boost serotonin. In conclusion, sleeping outside can promote your sleep quality, relieve stress, improve your ability to think, and enhance your mood.

Is it illegal to be homeless in California? ›

In California, many cities have enacted several laws to discourage camping and homeless-related activities. While being unhoused is not a crime, the City of Arcadia upholds its laws and ordinances for all residents, including those experiencing homelessness.

What is the new Supreme Court decision on homelessness? ›

The U.S. Supreme Court today granted cities more power to arrest, cite and fine people who sleep outside in public places — overturning six years of legal protections for homeless residents in California and other western states. In Grants Pass v.

Is it now illegal to be homeless in the USA? ›

U.S. Supreme Court says cities can punish people for sleeping in public places. In its biggest decision on homelessness in decades, the U.S. Supreme Court today ruled that cities can ban people from sleeping and camping in public places.

Is the Supreme Court ban on sleeping outdoors? ›

Our Statement on Supreme Court Decision Upholding Ban on Sleeping Outdoors. Today, the U.S. Supreme Court ruled that it is not cruel and unusual to impose a fine on an unhoused person who is sleeping outside, even when they have no other place to go.

What was the decision in Johnson v. Grants Pass? ›

Grants Pass Ruling. The U.S. Supreme Court today decided that the US Constitution does not protect homeless people against cruel and unusual punishment, even when they have no choice to sleep in public using items like blankets or pillows.

What was the decision on the homeless in Oregon? ›

Homelessness crisis

The ruling, which was split along ideological lines, reverses the 9th Circuit's decision that previously blocked the local law because it found the ordinance criminalized the status of being homeless and was therefore a violation of the Eighth Amendment's bar on cruel and unusual punishment.

What is the Federal homeless Act? ›

Mckinney-vento act

The McKinney-Vento Homeless Assistance Act is the primary federal statute that authorizes assistance to people experiencing homelessness, including housing interventions and supportive services.

What human rights are violated by homelessness? ›

Homelessness violates fundamental human rights such as dignity, the right to life, and the right to an adequate standard of living, which includes access to housing, food, and clothing.

References

Top Articles
Scopri la Storia Incredibile di Hisako Hasegawa: Una Vita Misteriosa al Belvedere Hotel
Potenciando la Salud Cerebral en Adultos Mayores: Una Guía Integral para Farmacéuticos
Jps Occupational Health Clinic
Wyoming Dot Webcams
9294164879
Scooter Tramps And Beer
Dana Point: Your Ultimate Guide to Coastal Adventures
Latina Webcam Lesbian
How to Create a Batch File in Windows? - GeeksforGeeks
Clothes Mentor Overland Park Photos
Defense Immunity 2K23 Meaning
Equipment Hypixel Skyblock
In a nutshell - About UM
Aita For Helping My Girlfriend Get Over Her Trauma
Craigslist Rooms For Rent North County San Diego
Weather Channel Quincy
Craigslist Metal Roofing
Anime Souls Trello
8 Garden Sprayers That Work Hard So You Don't Have To
R/Skinwalker
Craigslist Jobs Glens Falls Ny
Learning The Hard Way Chapter 4
Hotfixes: September 13, 2024
Berkeley Law Bookstore
Longfellow's Works - Evangeline
Rubber Ducks Score
Aluminum Model Toys
Rubmaps Springfield
Pole Barns 101: Everything You Need to Know - Big Buildings Direct
Soul of the Brine King PoE Pantheon 3.14 Upgrade
Axolotls for Sale - 10 Online Stores You Can Buy an Axolotl - Axolotl Nerd
Omniplex Cinema Dublin - Rathmines | Cinema Listings
Are your stomach problems caused by stress? What is ‘leaky gut’, and expert tips to avoid it
The Origins Behind Kurt Angle's "Perc Angle" Nickname In TNA
Andrew Camarata Castle Google Maps
Wym Urban Dictionary
Road Conditions Riverton Wy
Walmart Neighborhood Market Pharmacy Phone Number
Tcu Jaggaer
Babbychula
Ebk Jaaybo Net Worth
o2 Störung? Netzausfall & Netzprobleme im Live-Check prüfen
Kenji Lentil Soup
Kens5 Great Day Sa
I Got Hoes Might Just Be You N
123Movies Scary Movie 2
Kayla Simmons Of Leak
5613192063
Wrdu Contests
Zachary Zulock Linkedin
Ticketmaster Lion King Chicago
Upgrading Fedora Linux to a New Release
Latest Posts
Article information

Author: Dr. Pierre Goyette

Last Updated:

Views: 5742

Rating: 5 / 5 (50 voted)

Reviews: 89% of readers found this page helpful

Author information

Name: Dr. Pierre Goyette

Birthday: 1998-01-29

Address: Apt. 611 3357 Yong Plain, West Audra, IL 70053

Phone: +5819954278378

Job: Construction Director

Hobby: Embroidery, Creative writing, Shopping, Driving, Stand-up comedy, Coffee roasting, Scrapbooking

Introduction: My name is Dr. Pierre Goyette, I am a enchanting, powerful, jolly, rich, graceful, colorful, zany person who loves writing and wants to share my knowledge and understanding with you.