Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

BREAKING: SCOTUS Rules on Camping in Public Spaces
PJ Media ^ | 06/28/2024 | Chris Queen

Posted on 06/28/2024 9:54:23 AM PDT by SeekAndFind

In what sounds like one of the weirdest cases in recent memory, the Supreme Court has ruled 6-3 in favor of municipalities in the case of City of Grants Pass, Oregon v. Johnson. The case involved whether municipalities could bar homeless people from “camping” in public spaces, addressing the question, “Does the enforcement of generally applicable laws regulating camping on public property constitute ‘cruel and unusual punishment’ prohibited by the Eighth Amendment?”

The short summary from SCOTUSblog's Amy Howe in the site's live chat is that "The court holds that the enforcement of generally applicable laws regulating camping on public property does not constitute 'cruel and unusual punishment' barred by the Eighth Amendment."

The case stemmed from the city of Grants Pass fining homeless people who were living in cardboard boxes or sleeping with blankets and pillows in public areas of the city. The 9th Circuit Court of Appeals ruled that a similar law in Boise, Idaho, violated the Eighth Amendment’s ban on cruel and unusual punishment. The case against the city drew on the 1962 case of Robinson v. California, which used Eighth Amendment arguments to ban states and localities from making drug addiction a crime on its own without an addict committing other crimes.

(Excerpt) Read more at pjmedia.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government
KEYWORDS: camping; grantspass; homeless; public; supremecourt
Navigation: use the links below to view more comments.
first 1-2021-28 next last

1 posted on 06/28/2024 9:54:23 AM PDT by SeekAndFind
[ Post Reply | Private Reply | View Replies]

To: SeekAndFind
Howe reported at SCOTUSblog that “The city argued that the ordinances merely bar camping on public property by everyone, while the challengers contended that the laws effectively make it a crime to be homeless in the city and therefore violate the Constitution’s ban on cruel and unusual punishment.”

The issue of “camping bans,” which are common in cities across the nation, divided justices during oral arguments. The liberal justices were more sympathetic to the plight of homeless people, while the conservative justices asked more detailed questions.

Howe wrote:

Justice Clarence Thomas emphasized that the law at issue in Robinson barred both the use of drugs and being addicted to drugs. Do the city’s ordinances, Thomas asked, make it a crime to be homeless?

They do not, [Theane] Evangelis [the attorney representing the city] responded.

But other justices suggested that it was more difficult to draw the line between status and conduct, which under Robinson can be punished. Chief Justice John Roberts, for example, seemed to suggest that because someone who is homeless can instantly become “not homeless,” homelessness is not a status.

And Justice Samuel Alito indicated that although “status is different from conduct, … there are some instances of conduct that are closely tied to status or if homelessness is defined as simply lacking a place to stay in a particular night, they amount to the same thing.”

Justice Amy Coney Barrett asked [Kelsi Brown] Corkran [the attorney representing the homeless individuals] whether it would violate the Eighth Amendment for the city to enforce its laws in other scenarios involving basic human needs like eating and using the bathroom. Could the city fine or arrest people who are homeless for stealing food or urinating or defecating in public?


2 posted on 06/28/2024 9:55:09 AM PDT by SeekAndFind
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

Unless you own the property, it’s not yours to do as you wish.


3 posted on 06/28/2024 9:57:17 AM PDT by Jonty30 (He hunted a mammoth for me, just because I said I was hungry. He is such a good friend. )
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

Now we will have to fight the commie’s in Oregon.

Grants Pass Oregon is a disgusting mess. I was stuck there after the Almeda fire.


4 posted on 06/28/2024 9:58:46 AM PDT by AuntB (Trump is our Ben Franklin - Brilliant, Boisterous, Brave and ALL AMERICAN!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

A blow to the Hobo-American community


5 posted on 06/28/2024 10:01:53 AM PDT by j.havenfarm (23 years on Free Republic, 12/10/23! More than 8,000 replies and still not shutting up!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind
I wonder if this also negates the federal court's Boise decision that is almost a mirror image of the Grant's Pass laws.
6 posted on 06/28/2024 10:03:07 AM PDT by llevrok (“In a time of deceit telling, the truth is a revolutionary act.” ― George Orwell)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

Caterpillar bulldozer rental agencies, please answer the house phone.


7 posted on 06/28/2024 10:04:12 AM PDT by Midwesterner53
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

would barring someone from using my kitchen for their hunger needs or peeing or pooping in my side yard for their normal excrement needs constitute “cruel and unusual punishment”? what about refusing to give a “unhoused adult” a ride to their local drug dealer of choice in MY CAR? does that constitute cruel and unusual punishment? WHERE DOES THIS QWAP STOP? it stops when we all tell the progressive leftist liberals NO! and mean it. not until.


8 posted on 06/28/2024 10:05:31 AM PDT by Qwapisking ("IF the Second goes first the First goes second" L.Star )
[ Post Reply | Private Reply | To 2 | View Replies]

To: SeekAndFind

It has been a very good day.
Need to buy a lotto ticket.


9 posted on 06/28/2024 10:06:31 AM PDT by Zathras
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

Create homeless work camps for the homeless. It benefits everyone. If they’re too old or sick to work, put them on welfare. There, problem solved.


10 posted on 06/28/2024 10:07:11 AM PDT by Telepathic Intruder
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

In 1962, addiction was quite often impossible to treat.

Now there are effective treatments for opiate addiction.


11 posted on 06/28/2024 10:07:59 AM PDT by Brian Griffin
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

Read how bad addiction can get:

https://www.homelesshub.ca/resource/unmanageable-and-powerless


12 posted on 06/28/2024 10:13:12 AM PDT by Brian Griffin
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

I love their rebuke of the 9th Circus:

“(e) Homelessness is complex. Its causes are many. So may be the public policy responses required to address it. The question this case presents is whether the Eighth Amendment grants federal judges primary responsibility for assessing those causes and devising those responses. A handful of federal judges cannot begin to “match” the collective wisdom the American people possess in deciding “how best to handle” a pressing social question like homelessness. Robinson, 370 U. S., at 689 (White, J., dissenting).
The Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest those rights and responsibilities from the American people and in their place dictate this Nation’s homelessness policy.”


13 posted on 06/28/2024 10:14:04 AM PDT by aimhigh (1 John 3:23 "And THIS is His commandment . . . . ")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Zathras

It is indeed a very good day, for the SC and for the USA!


14 posted on 06/28/2024 10:17:15 AM PDT by milagro (There is no peace in appeasement! There)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Midwesterner53
Caterpillar bulldozer rental agencies, please answer the house phone.

Rachel Corrie will pick up..

15 posted on 06/28/2024 10:17:39 AM PDT by llevrok (“In a time of deceit telling, the truth is a revolutionary act.” ― George Orwell)
[ Post Reply | Private Reply | To 7 | View Replies]

To: SeekAndFind

Is anything being dished out to J6ers for being on government property ‘cruel and unusual punishment’?


16 posted on 06/28/2024 10:20:45 AM PDT by Brian Griffin
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jonty30

Tell that to the NYS legislature (Demonrat super majority) that have passed “Good Cause” eviction. The tenant now has the say so over whether or not you sell your property.


17 posted on 06/28/2024 10:20:54 AM PDT by AbolishCSEU (Amount of "child" support paid is inversely proportionate to mother's actual parenting of children)
[ Post Reply | Private Reply | To 3 | View Replies]

To: AbolishCSEU

We know how Democrats treat the Constitution.


18 posted on 06/28/2024 10:26:03 AM PDT by Jonty30 (He hunted a mammoth for me, just because I said I was hungry. He is such a good friend. )
[ Post Reply | Private Reply | To 17 | View Replies]

To: Zathras

GOOD LUCK

I ALREADY HAVE MINE


19 posted on 06/28/2024 10:28:44 AM PDT by ridesthemiles (not giving up on TRUMP---EVER)
[ Post Reply | Private Reply | To 9 | View Replies]

To: SeekAndFind

As for alcohol addiction, Grants Pass might be allowed by Oregon to ‘dry’ up.

https://en.wikipedia.org/wiki/List_of_dry_communities_by_U.S._state

Why this is just rabbit food juice with some ethanol!

Yup, it’s water, kale, parsley, cilantro, lemongrass and 3% ethanol!

I’m getting out of this freaking hellhole!

Need a bus ticket?


20 posted on 06/28/2024 10:30:24 AM PDT by Brian Griffin
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-28 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson