The US Supreme Court has agreed to review a significant case that centers around whether cities in Western states have the authority to ban homeless individuals from sleeping in public areas. This decision comes after the 9th US Circuit Court of Appeals ruled against anti-camping ordinances in Grants Pass, Oregon, deeming them to be in violation of the Eighth Amendment and therefore, unconstitutional.
Grants Pass, supported by California Governor Gavin Newsom, appealed the ruling, highlighting the homelessness crisis that has plagued his home state. The outcome of this case will impact nine Western states including Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.
Notably, the 9th circuit panel also ruled that laws prohibiting homeless people from using simple supplies such as blankets, pillows, or cardboard boxes for protection were also unconstitutional.
Steve Garvey, a former Major League Baseball player and California Republican running for the US Senate, stressed the importance of showing compassion and finding practical solutions when addressing homelessness. Garvey believes that while public ordinances need to be enforced, it is crucial that the Supreme Court also considers the humane treatment of the homeless.
Governor Newsom expressed his frustration with past court rulings, which he believes have hindered state and local governments from effectively dealing with the homelessness crisis. In September, Newsom filed an amicus brief urging the Supreme Court to allow reasonable actions in addressing the issues arising from homeless encampments.
In a ruling from 2018, the 9th circuit determined that penalizing the homeless for sleeping on the streets when no shelter is available violated the Eighth Amendment. On the other hand, Grants Pass argued that allowing homeless individuals to stay in encampments could lead to increased crime, fires, diseases, and harm to the environment.
The lawyer representing the homeless individuals challenging the ordinances in Grants Pass dismissed claims that the judiciary is responsible for the homelessness crisis, and instead pointed to failed policies as the root cause.
As the US Supreme Court prepares to hear this case, the nation’s attention will be focused on the outcome, as it has the potential to shape how cities and states across the Western US address their homelessness crisis while ensuring the protection of individuals’ constitutional rights.
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