Interesting.
What's the point of the case? That it's unconstitutional for GP to prosecute/ move the campers?
Could have serious repercussions for other locations.
Facts of the case
The city of Grants Pass in southern Oregon has a population of approximately 38,000, and of that population, somewhere between 50 and 600 persons are unhoused. Whatever the exact number of unhoused persons, however, it exceeds the number of available shelter beds, requiring that at least some of them sleep on the streets or in parks. However, several provisions of the Grants Pass Municipal Code prohibit them from doing so, including an âanti-sleepingâ ordinance, two âanti-campingâ ordinances, a âpark exclusionâ ordinance, and a âpark exclusion appealsâ ordinance.
In September 2018, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit decided Martin v. City of Boise, holding that âthe Eighth Amendment prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter.â While the Grants Pass Municipal Code provisions impose only civil penalties, they still can mature into criminal penalties.
A district court certified a class of plaintiffs of involuntarily unhoused persons living in Grants Pass and concluded that, based on the unavailability of shelter beds, the Cityâs enforcement of its anti-camping and anti-sleeping ordinances violated the Cruel and Unusual Punishment Clause. A panel of the Ninth Circuit affirmed, and the Ninth Circuit denied rehearing en banc.
Question
Does a cityâs enforcement of public camping against involuntarily homeless people violate the Eighth Amendmentâs protection against cruel and unusual punishment?
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