LOC News
Watch: Webinar on Grants Pass v. Johnson Compliance
LOC and CIS hosted a webinar on July 9 that delved into the recent U.S. Supreme Court decision in Grants Pass v. Johnson. This pivotal ruling has significant implications for cities across Oregon and their ordinances regulating public property. A recording of the webinar is available here.
On Friday, June 28, the U.S. Supreme Court released its opinion on whether the city of Grants Pass’s ordinance, which prohibits activities such as camping or parking overnight on city property or parks, violates the U.S. Constitution’s Eighth Amendment — particularly in relation to people experiencing homelessness. In a 6-3 opinion, the majority concluded that the cruel and unusual punishment clause in the Eighth Amendment does not extend to the enforcement of generally applicable laws, such as public camping ordinances.
The court held that the Grants Pass public camping ordinance does not criminalize the status of being homeless but rather prohibits specific actions, such as camping, undertaken by any persons.
Key Discussion Points:
- Understanding the Supreme Court's Opinion: Analysis of the 6-3 decision and its legal rationale.
- Implications for Local Government in Oregon: How this ruling affects city and county ordinances regulating public property, taking into account HB 3115’s continuing requirement that regulations be “reasonable” as to time, place, and manner.
- Future Legal and Policy Considerations: What this decision means for future legislation and court cases involving public property regulations and homelessness.
Speakers:
- Kirk Mylander, CIS General Counsel
- Aaron Hisel, Capitol Legal
- Jayme Pierce, League of Oregon Cities
LOC Guidance Updated
The LOC's Guide to Persons Experiencing Homelessness in Public Spaces has been updated in light of the Grants Pass v. Johnson opinion. The guide is intended to explain the legal principles involved in regulating public property with the passage of HB 3115 and other recent court cases.
Contact: Jayme Pierce, General Counsel - jpierce@orcities.org
Last Updated 7/12/24