Supreme Court debates legality of ticketing homeless people, hears lawsuit over subsidies

A landmark case raises questions about cruel and unusual punishment

The Supreme Court on Monday held a lengthy debate, lasting more than two and a half hours, over whether ticketing homeless people is a “cruel and unusual” punishment that may violate the Eighth Amendment, as reported by CNN.

Several justices expressed concerns about the criminalization of homelessness, while also recognizing the need for cities to address public health and fire hazards in homeless encampments across the country.

In one conversation, Judge Sotomayor asked, “Where should we put them if every city, every town, every city has no compassion?”

The attorney representing Grants Pass, Ms. Theane D. Evangelis, began to respond, saying, “We,” but Judge Sotomayor continued, saying, “and passes a law identical to this one? Where should they sleep? Should they commit suicide and not sleep?

Justice Elena Kagan emphasized the fundamental need for sleep, likening it to breathing, and questioned the ethical implications of punishing individuals for sleeping in public spaces when they have nowhere else to go.

The focus of the argument centered on whether the “anti-camping” ordinances in Grants Pass, Oregon, targeted specific behaviors, such as sleeping with bedding in public areas or the state of being homeless. The city claims the ordinances primarily address conduct, while plaintiffs argue enforcement disproportionately targets unhoused individuals.

Under these regulations, the police regularly issue fines to people sleeping in parks and other public spaces. Violations carry a $295 fine, which can increase to more than $500 if not paid.

This case marks an important appeal against unhoused Americans to reach the Supreme Court decades from now, drawing significant attention from municipalities and states struggling with rising homelessness rates.

According to the U.S. Department of Housing and Urban Development, more than 650,000 people in the United States experience homelessness every night, reflecting a 12% increase from 2022 to 2023.

Chief Justice John Roberts and other conservative justices raised questions about the ordinance’s explicit language, pointing to its silence on the ban on homelessness and the challenge of defining someone’s status as “homeless,” which can fluctuate from night to night.

The court pondered the distinction between status and conduct, a crucial consideration because of a 1962 Supreme Court decision in which criminalizing drug addiction — a status — amounted to “cruel and unusual” punishment under the Eighth Amendment.

Residents experiencing homelessness in Grants Pass initiated the lawsuit. The 9th US Circuit Court of Appeals ruled in their favor, stating that the city could not enforce anti-camping ordinances against homeless people sleeping outside or in their cars if no alternative shelter was available.

Grants Pass officials argue that the Eighth Amendment’s ban on “cruel and unusual” punishment covers torture or forced labor, not citations.

A ruling in the case City of Grants Pass v. Johnson is expected before the end of June.