The Supreme Court heard arguments Monday in a case challenging a lower court ruling that barred penalties for sleeping on public property in Grants Pass, Oregon. Homeless advocates argue that living on the streets is a "victimless" crime, while municipalities contend that encampments pose a threat to public health and safety.
Washington, D.C. - The Supreme Court heard arguments Monday in a case that pits the rights of the homeless against the public safety concerns of municipalities. The case, City of Grants Pass, Oregon v. Johnson, challenges a 9th Circuit Court of Appeals ruling barring penalties for sleeping with blankets and other paraphernalia on public property.
Homeless advocates, including the American Civil Liberties Union, argue that living on the streets is a "victimless" crime. However, municipalities contend that encampments pose a threat to public health and safety, citing increased crime, fires, environmental harm, and drug overdoses.
In Grants Pass, a town of 40,000 with a small, church-run shelter, the ordinance in question was blocked by the 9th Circuit's precedent. This precedent has also been cited by courts in the rest of the U.S. as a reason to tolerate homeless encampments.
The Supreme Court's arguments suggest that the justices may rule 6-3 or 5-4 that municipalities can ban sleeping on public property. This would allow local authorities across the U.S. to crack down on homeless encampments.
However, the court cannot command municipalities to take such action. The law-abiding public, who are the real victims of homelessness, need to elect local leaders who will prioritize public safety over the rights of the homeless.
In New York City, the City Council adopted a "Homeless Bill of Rights" in 2023, making Gotham the only big city with an explicit right to sleep in public spaces. Although data shows that homeless individuals are shortening their own lifespan by 30 years or more, the bill's sponsor, Public Advocate Jumaane Williams, argues that the city must look at the root causes of homelessness rather than "stoking fear."
The Supreme Court's expected ruling will allow local authorities to address the homeless crisis, but it is up to the public to elect leaders who will prioritize the rights of the majority and ensure that streets are clean, safe, and accessible to all.
