AUSTIN (Nexstar) — Cities nationwide are on edge awaiting a pivotal Supreme Court decision that could reshape their ability to regulate camping on public property.
The case in question, Grants Pass v. Johnson, stems from ordinances enacted by Grants Pass, Oregon, aimed at addressing public health and safety concerns associated with growing homeless encampments. At the heart of the matter is whether the civil and criminal penalties imposed by these ordinances violate the Eighth Amendment’s prohibition against “cruel and unusual punishment.”
Under the Grants Pass ordinances, prohibitions against public sleeping and camping are enforced through civil citations rather than criminal penalties. Repeat offenders face exclusion orders barring them from city parks for up to 30 days, with subsequent violations potentially leading to criminal trespass charges.
During oral arguments, justices grappled with complex issues, including whether homelessness should be treated as conduct subject to prosecution or as a status akin to drug addiction, which is protected from punishment under existing Eighth Amendment precedents.
Representing Grants Pass, attorney Theane D. Evangelis underscored the challenges faced by cities in navigating these issues, stating, “The Eighth Amendment does not provide clear guidance on who qualifies as involuntarily homeless, what constitutes adequate shelter, or the permissible scope of time, place, and manner regulations.”
The City of Austin’s Camping Ban
The implications of the Supreme Court’s decision extend beyond Grants Pass. In Austin, Texas, voters reinstated a public camping ban through Proposition B in May 2021. This ban, affecting areas near downtown and The University of Texas, imposes penalties for unauthorized camping in public spaces not designated by the Austin Parks and Recreation Department.
Enacted statewide in September 2021, Texas House Bill XYZ also mandates a camping ban and penalizes local governments failing to enforce it. According to data from the Ending Community Homelessness Coalition (ECHO), approximately 5,020 individuals in Austin currently experience unsheltered homelessness.
In response to these challenges, Austin recently engaged a consultant to enhance public education efforts regarding its homeless strategy.
While the Supreme Court’s current session is set to conclude soon, the date for releasing opinions, including the ruling on Grants Pass v. Johnson, remains uncertain as several cases await decisions.