Policymakers have several tools for addressing the rising issue of homelessness in their communities.  In City of Grants Pass, Oregon v. Johnson, No. 23-175603 (June 28, 2024), the U.S. Supreme Court (“Court”) had its first opportunity to address whether one of these tools, generally applicable laws that restrict camping on public property, constitutes “cruel and unusual punishment” in violation of the U.S. Constitution’s Eighth Amendment. 

The City of Grants Pass, Oregon (“City”) passed an ordinance prohibiting “camping” on “any sidewalk, street, alley, lane, public right of way, park, bench, or any other publicly-owned property or under any bridge or viaduct” (the “Ordinance”).  Dissent of J. Sotomayor at 8 (citing Grants Pass, Ore. Municipal Code §5.61.030 (2024)).  The City’s code defines “camp-site” as “any place where bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established, or maintained for the purposes of maintaining a temporary place to live.”  Id. (citing Grants Pass, Ore. Municipal Code §5.61.010(B) (2024)).  Fines for violating the Ordinance start at $295 and could result in criminal trespass if repeated.