LOC News
U.S. Supreme Court Rules in Favor of Cities in Grants Pass v. Johnson
Earlier today, the United States Supreme Court released its opinion considering the question of whether the city of Grants Pass’s ordinance regulating public property by prohibiting activities such as camping or parking overnight on city property or parks violated the U.S. Constitution’s Eighth Amendment, particularly as it relates to people experiencing homelessness. The court held that it does not.
In a 6-3 opinion, the majority reversed and remanded the case. The court concluded that the cruel and unusual clause in the U.S. Constitution’s Eighth Amendment does not extend to the enforcement of generally applicable laws, such as public camping ordinances regulating public property. Further, the court concluded that Grants Pass’s public camping ordinance does not criminalize the status of being homeless; rather, it prohibits specific actions, for example camping, undertaken by any persons.
Now that the U.S. Supreme Court has ruled on City of Grants Pass v. Johnson, the LOC’s focus as a member service organization will be to understand what the law does, how it impacts our member cities, and what actions we need to take in support of our members. Given the complicated nature of this issue from a legal and policy perspective, LOC attorneys are reviewing the decision and will be consulting with their colleagues in municipalities across the state before issuing guidance and/or recommendations.
The Supreme Court opinion cited and relied upon the LOC’s Amici Curiae brief numerous times throughout the opinion. The LOC would like to thank the team at Markowitz Herbold PC, specifically Anit Jindal, Harry Wilson, and Stephen Deatherage, for their excellent work on this case. The LOC will continue tracking this matter while on remand.
The LOC staff, like the U.S. Supreme Court, recognizes and respects that homelessness is a complicated social, political, legal, and moral issue that cities have been grappling with for several years. There is no one-size-fits-all solution for this issue—either for those individuals experiencing homelessness or for those stakeholders working to address the effects of homelessness in their communities. The LOC will continue to support and assist its member cities as they work to identify solutions to preventing and addressing homelessness.
Contact: Jayme Pierce, General Counsel - jpierce@orcities.org; Robin Klein, Assistant General Counsel - rklein@orcities.org.
Last Updated 6/28/24