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Supreme Court rules cities can ban homeless encampments

Urban Camping
Posted at 8:06 AM, Jun 28, 2024

The Supreme Court ruled on Friday to uphold a law banning homeless encampments.

The decision stemmed from the case of Grants Pass v. G. Johnson after the Oregon town of Grant Pass started fining people nearly $300 for sleeping outside.

"The enforcement of generally applicable laws regulating camping on public property does not constitute 'cruel and unusual punishment' prohibited by the Eighth Amendment," the Supreme Court said in its decision.
The city previously argued it relies on "camping laws" — which bar the use of blankets, pillows, or cardboard boxes for protection — to protect its community.

But a lower court had ruled against the town, saying it was cruel and unusual punishment since it didn't have enough shelter beds to house the individuals.

Last year, the total number of people experiencing homelessness increased by 12%, according to a report by the Department of Housing and Urban Development.

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Montana Attorney General Knudsen released the following statement in response to the decision:

“This is a huge win for cities across Montana that are suffering from unsafe public spaces. For too long local governments have been unable to address the rampant homeless camps and their side effects in communities across the state because their hands were tied. Cities like Bozeman and Missoula can’t hide behind the lower court’s flawed decision any longer. Now, they can enforce the laws that stop Montana streets from becoming camps for the homeless.”