Share this article!

The U.S. Supreme Court ruled that cities have the right to enforce bans on homeless people sleeping outdoors.

The ruling was rooted in a ban on outdoor sleeping in public in Grants Pass, Oregon. A San Francisco-based appeals court decision determined that a municipal ban on outdoor sleeping ran afoul of the Eighth Amendment’s prohibition on cruel and unusual punishment.

However, the court ruled 6-3 along ideological lines in determining that bans were not unconstitutional.

“Homelessness is complex,” wrote Justice Neil Gorsuch for the majority ruling. “Its causes are many. So may be the public policy responses required to address it. A handful of federal judges cannot begin to ‘match’ the collective wisdom the American people possess in deciding ‘how best to handle’ a pressing social question like homelessness.”

Booking.com

In the dissent, Justice Sonia Sotomayor pointed out that Grant Pass, which has no shelters for its homeless people, either fined or jailed people who slept in public.

“Sleep is a biological necessity, not a crime,” she wrote. “For some people, sleeping outside is their only option. For people with no access to shelter, that punishes them for being homeless. That is unconscionable and unconstitutional.”

Photo: Srdjanns74 / iStock

Reset password

Enter your email address and we will send you a link to change your password.

Get started with your account

to save your favorite homes and more

Sign up with email

Get started with your account

to save your favorite homes and more

By clicking the «SIGN UP» button you agree to the Terms of Use and Privacy Policy

Create an agent account

Manage your listings, profile and more

By clicking the «SIGN UP» button you agree to the Terms of Use and Privacy Policy

Create an agent account

Manage your listings, profile and more

Sign up with email