New SCOTUS ruling allows cities to ban homeless encampments

SCOTUS rules that cities can ban homeless encampments

In a significant ruling, the U.S. Supreme Court has empowered cities to ban homeless encampments even if no shelter space is available.

KING COUNTY, Wash. - In a significant ruling, the U.S. Supreme Court has empowered cities to ban homeless encampments even if no shelter space is available.

The decision, a 6-3 ruling split along ideological lines, allows municipalities to enforce anti-camping ordinances, a move hailed by some local leaders but criticized by homelessness advocates.

The Oregon ordinance mirrors the controversial and contested anti-camping policy in Burien, which the King County Sheriff’s Office has refused to enforce until the court had its say.

The ruling on Grants Pass v. Johnson now makes it clear — being homeless is not a status protected by the Eighth Amendment’s prohibition of cruel and unusual punishment. The decision comes as the number of homeless people in our state grew 11% from last year, a new and troubling record.

Local reaction to the SCOTUS ruling

Burien, now known for its stringent camping bans, is directly affected by this ruling. Despite the strict local laws, the King County Sheriff’s Office has previously declined to enforce them, citing constitutional concerns.

"We will not arrest based on the change in this law until other issues are addressed, such as an ordinance which includes prohibited camping locations and more precision on the conduct prohibited in designated no-camping zones," wrote the sheriff's office. "As noted by the Supreme Court, ‘the Constitution provides many additional limits on state prosecutorial power, promising fair notice of the laws’. Our deputies are sworn to uphold the Constitution of the United States, and we remain steadfast in our position that Burien’s ordinance violates these rights."

Burien Mayor Kevin Schilling supports the Supreme Court's decision, calling it "a common sense decision" and arguing that local governments should have the authority to regulate these issues.

Schilling believes that enforcing such ordinances can incentivize the unhoused population to seek shelter and services.

"This is about a nudge, saying to somebody ‘We want you to get better, we want you to take that service, we want you to get into the shelter,’ and the only way you can do that is by having some sort of enforcement," Schilling said.

What do homelessness advocates think about the SCOTUS ruling?

The ruling has been met with dismay by homelessness advocates, who argue that it criminalizes the act of being homeless. The reversal of the Johnson decision clarifies that homelessness is not protected under the Eighth Amendment’s prohibition of cruel and unusual punishment. This means individuals can now be fined or arrested for camping in public spaces.

Cydne Moore of the Burien Community Support Coalition emphasized the need for shelter rather than punitive measures.

"Homelessness isn't going to go away. The Grants Pass decision isn't going to change that one way or another. We still need shelter," Moore said.

Legal experts also weigh in on the implications of the decision. Sara Rankin, a professor at Seattle University School of Law, says she expects pushback, as other constitutional arguments and provisions to state constitutions can be made.

"The federal constitution sets the floor, but cities can exceed those sorts of protections, so I think we’ll see a lot of responses to any city that tries to be like Grants Pass," said Rankin.

Seattle's response to the SCOTUS ruling

Seattle, also grappling with homelessness, has seen rallies and protests against anti-camping ordinances. City Attorney Ann Davison said, "This decision emphasizes the importance of local authority."

In Sept. 2023, Davison joined several other cities supporting Grants Pass, asking the Supreme Court for "local autonomy be restored to our elected decision makers to appropriately direct resources to our homelessness crisis."

Following the ruling, Davison wrote: "The variety of local jurisdictions throughout the country that supported Grants Pass in this litigation demonstrates that local governments recognize the importance of creating safe and healthy environments for everyone in the community, a challenging task made even more difficult by the constraints of the Ninth Circuit’s prior ruling. Supporting people who are homeless is a crucial responsibility we all bear. At the same time, we cannot ignore the impact of encampments on our communities."

National response to the SCOTUS ruling

The U.S. Department of Housing and Urban Development reports that more than 650,000 people experience homelessness on any given night in the U.S., marking a 12% increase from 2022 to 2023. This ruling could significantly impact these individuals, as cities now have the legal backing to enforce bans on encampments.