WASHINGTON – The U.S. Supreme Court is ruling in favor of the City of Grants Pass when it comes to the Johnson v. Grants Pass case, which will allow the city to enforce bans on homeless people who are sleeping in public spaces when there is no shelter available.
The ruling came down early Friday morning.
The court ruled 6-3 with the conservative majority siding with Grants Pass.
Following the Supreme Court’s decision, the City of Grants Pass released a statement saying, “we’re thankful that the Court’s ruling will help guide our next steps regarding unhoused members of our community. Once our legal counsel has thoroughly reviewed the SCOTUS opinion reversing the Ninth Circuit’s ruling and remanding it for further discussion, the City Council will receive a briefing and discuss our options for moving forward.”
Grants Pass native, Oregon State Representative Dwayne Yunker calls the ruling a win.
In a statement released Friday, he says, “my hometown of Grants Pass won a major victory today, with the U.S. Supreme Court ruling that our city’s municipal codes regulating public camping and park usage are constitutional. I’m proud to be a part of a community that will take a stand for common sense and see it through, all the way up to the Supreme Court.”
Yunker went on to say he will be working with his colleagues in the state legislature to repeal HB 3124 which increases time that written notice must be given before removing homeless individuals from an established camping site, as well as HB 3115 which relates to the regulation of public property with respect to person experiencing homelessness; and declaring an emergency.
Spokespersons representing the Oregon Law Center and the National Homelessness Law Center are also responding to Friday’s decision.
Ed Johnson, Director of Litigation at the Oregon Law Center and lead counsel for the respondents expressed his discontentment.
We are disappointed that a majority of the Court has decided that our Constitution allows a city to punish its homeless residents simply for sleeping outside with a blanket to survive the cold when there is nowhere else for them to go.
Johnson went on to say, “but as Justice Sotomayor notes, the Court did not reach our clients’ Excessive Fines Clause claim or rule out the possibility that the Grants Pass ordinances violate the Due Process Clause. While this decision is disappointing, it is important to remember that the solution to America’s homelessness crisis does not rest with the Courts. That job falls to all of us. The solution to our homelessness crisis is more affordable housing. The work to end homelessness in America will continue in town halls, state houses and on streets in every community in our country.”
Communications Director of the National Homelessness Law Center, Jesse Rabinowitz also releasing a statement Friday with similar sentiments.
“The Supreme Court’s profoundly disappointing and unjust decision to overturn the Ninth Circuit’s ruling is a severe blow to the rights of unhoused individuals. Arresting or fining people for trying to survive is expensive, counterproductive, and cruel,” Rabinowitz said.
While we are enraged, we are not surprised that this Court has again put the needs of the rich and powerful before the needs of everyday people struggling to get by. Despite this setback, we find solace and motivation in Justice Sotomayor’s compelling dissent that echoes our belief that no one should be punished for simply sleeping outside when they have nowhere else to go.
As a further response to the ruling, Rabinowitz says, “we call on elected officials at every level of government to both protect the rights of people forced to live outside and fund the housing and service that are proven to solve homelessness. Regardless of the Court’s ruling, we know that jailing or ticketing people for experiencing homelessness is cruel and unusual, inhumane, and makes homelessness worse.”
Oregon Democratic State Senator Ron Wyden, expressed his disappointment with the court’s decision in a post to X Friday writing, “criminalizing homelessness solves nothing. I am laser-focused on building more housing and providing communities in Oregon and nationwide with the services they need to reduce homelessness.”
Below is the full statement from the City of Grants Pass:
Like many across our country, we are grateful to know the Supreme Court’s opinion in our case, and we’re thankful that the Court’s ruling will help guide our next steps regarding unhoused members of our community. Once our legal counsel has thoroughly reviewed the SCOTUS opinion reversing the Ninth Circuit’s ruling and remanding it for further discussion, the City Council will receive a briefing and discuss our options for moving forward. While it is too soon to know specifically what steps we may take, we are committed to assisting residents struggling to find stable housing, and we will continue working to make Grants Pass a safe and welcoming community for all.
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