Supreme Court to decide whether cities can ban homeless from public areas

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Supreme Court to decide whether cities can ban homeless from public areas

The US Supreme Court on Friday agreed to hear a case involving whether cities in Western states can ban homeless people from sleeping in public areas.

The 9th US Circuit Court of Appeals previously ruled against an anti-camping ordinance in Grants Pass, Oregon, saying it was unconstitutional because it violated the Eighth Amendment without “cruel and unusual punishment.”

Grants Pass appealed the decision, with the support of California’s Gavin Newsom, whose own state faces a homelessness crisis.

The decision applies to nine western states, including Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington.

A separate 9th circuit panel ruled in the Grants Pass case that officials should not pass laws prohibiting homeless people “from using blankets, pillows or cardboard boxes for protection from the elements.”

Former MLB great and 10-time All-Star Steve Garvey, a California Republican running for the US Senate, told Fox News Digital on Friday that the fight against homelessness must be “based on compassion and practical solutions.”

“Having recently visited homeless shelters in San Diego and Skid Row in Los Angeles, I have seen the harsh reality faced by those living on the streets,” explained Garvey. “This experience reinforces my belief that while we need to uphold public safety and community standards, our approach to homelessness must be grounded in compassionate and practical solutions.”

A row of tents are set up along a sidewalk in Portland, Oregon on Dec. 9, 2020. AP

He said his visit to the homeless area “started as a personal awakening and has now become a personal commitment to do everything I can to address this humanitarian crisis.”

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Garvey told Fox News Digital that the Supreme Court should “consider the need for humane treatment of the homeless, in addition to public ordinance enforcement.”

“It is important that we find a balance that respects the dignity of all individuals while addressing the wider social and health issues that contribute to homelessness,” he added.

Newsom issued a statement Friday saying, “California has invested billions to address homelessness, but the ruling from the bench has tied the hands of state and local governments to address this issue.”

Two homeless men are photographed living under a freeway overpass in Pacific Grove, California on January 9, 2024. ZUMAPRESS.com The US Supreme Court on Friday agreed to hear a case involving whether cities in Western countries can ban homeless people from sleeping in places public areas. Reuters

His office said he filed an amicus brief in September urging the Supreme Court “to clarify that state and local governments can take reasonable action to address the homelessness crisis that creates health and safety hazards for individuals living in encampments and our communities.”

Newsom added, “The Supreme Court can now correct course and end the costly delays in lawsuits that have undermined our efforts to clean up encampments and deliver services to those in need.”

In 2018, the 9th circuit that decided the Boise, Idaho case, also found that punishing the homeless for sleeping on the street when no shelter is available violates the 8th amendment.

Theane Evangelis, an attorney for Grants Pass, said, “The tragedy is that these decisions actually harm the very people they claim to protect. We look forward to presenting our arguments to the Supreme Court this spring.”

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Former MLB great and 10-time All-Star Steve Garvey, a California Republican running for the US Senate said that the fight against homelessness must be “grounded in compassion and practical solutions.” AP A woman gathers possessions to take before the homeless encampment she lives in in San Francisco is cleaned up, in August 2023. AP

Grants pass argued that allowing homeless people to live in encampments could lead to increased crime, fires, a “resurgence of medieval diseases” and harm to the environment, according to The Hill.

But Ed Johnson, an attorney representing homeless people challenging the ordinance in Grants Pass, said, “The issue before the Court is whether the city can punish the homeless simply for existing without access to shelter. Yet some politicians and others cynically and wrongly blame the judiciary for the homelessness crisis to distract the public and deflect blame for years of failed policies.”

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