In a 6-3 decision on June 28, 2024, the Supreme Court ruled in City of Grants Pass v. Johnson that cities can punish people for sleeping in public. The ruling allows cities to enforce fines, tickets, or arrests for public camping and sleeping outdoors.
How the ruling impacts homelessness
• The ruling makes it easier for communities to criminalize homelessness, even when there is no adequate shelter.
• The ruling undermines anti-criminalization cases that have been used to prevent the criminalization of homelessness.
• The ruling gives cities more tools to protect their communities.
How states can respond
However, the ruling doesn’t prohibit state and local governments from enacting state laws protecting those who are unhoused. States can decide how to deal with homelessness by:
• Connecting people to services and responses that divert 911 calls from law enforcement to alternative first responders
• Providing eviction prevention resources
• Providing permanent supportive housing
Other potential constitutional violations
Other constitutional violations that could apply to the treatment of unhoused people include:
• Violations of the Fourth Amendment (illegal search and seizure)
• Violations of the Fourteenth Amendment (equal protections under law)
• Non-compliance with the Americans with Disabilities Act
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