Could sleeping in a public park be a crime? A decision about the nation's homelessness crisis goes to the Supreme Court

The Grants Pass decision could change how homelessness
is handled by communities. (Adobe Stock photo)

As the number of homeless people in the U.S. continues to climb, many communities face conflicts over homeless campers and encampments. The rural town of Grants Pass, Oregon, "has become the unlikely face of the nation's homelessness crisis," reports Claire Rush of The Associated Press. The fate of the town's anti-camping laws is in the hands of the U.S. Supreme Court, which heard the case on April 22. 

Grants Pass, like many communities, has "struggled for years with a burgeoning homeless population. A decade ago, City Council members discussed how to make it 'uncomfortable enough. . . in our city so they will want to move on down the road,'" Rush explains. "From 2013 to 2018, the city issued 500 citations for camping or sleeping in public, including in vehicles, with fines that could reach hundreds of dollars."

The Supreme Court's decision hinges on their review of a 2018 decision by the 9th U.S. Circuit Court of Appeals, which blocked anti-camping laws for individuals as violations of the Eighth Amendment's ban on "cruel and unusual punishment." Rush reports, "Officials across the political spectrum — from Democratic Gov. Gavin Newsom in California, which has nearly 30% of the nation's homeless population, to a group of 22 conservative-led states — have filed briefs in the case, saying lower court rulings have hamstrung their ability to deal with encampments."

Homeless people and advocates insist that more housing is the answer to homelessness, not citations and punitive actions. "Civil rights groups and attorneys for the homeless residents who challenged the restrictions in 2018 insist people shouldn't be punished for lacking housing," Rush explains. "Grants Pass has just one overnight shelter for adults, the Gospel Rescue Mission. It has 138 beds, but rules including attendance at daily Christian services, no alcohol, drugs or smoking and no pets mean many won't stay there."

At the heart of the problem in Grants Pass is the encampments found along the town's scenic public parks that frame the Rogue River. "They host everything from annual boat-racing festivals to Easter egg hunts and summer concerts," Rush reports. "They're also the sites of encampments blighted by illegal drug use and crime, including a shooting at a park last year that left one person dead."

For details on the case's oral arguments, click here and here. The Supreme Court's decision is expected by the end of June.