Last week, the Supreme Court of the United States (SCOTUS) issued a decision in favor of preserving local control and upholding local ordinances regulating camping on public property. The Court held that the Eighth Amendment’s Cruel and Unusual Punishment Clause does not prohibit the enforcement of generally applicable laws regulating camping on public property.
The Court’s decision in Grants Pass v. Johnson reviewed a ruling from the Ninth Circuit that held the Eighth Amendment “prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter.” This resulted in local governments in the Ninth Circuit being unable to enforce public camping ordinances against homeless individuals who lacked access to alternative shelter.
In a 6-3 ruling the Court overturned the Ninth Circuit’s prior holding, finding that the Eighth Amendment’s Cruel and Unusual Punishment Clause did not apply to generally applicable laws.
The League’s federal partner, the National League of Cities, filed an amicus brief in the case, along with the International Municipal Lawyers Association and the National Association of Counties.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.