


Grants Pass, Oregon, asked the Supreme Court to hear its legal battle over ticketing homeless people living in public encampments after a federal appeals court blocked the city from issuing the citations, saying it was cruel and unusual punishment in violation of the Constitution.
The 9th U.S. Circuit Court of Appeals issued an injunction halting Grants Pass, in southern Oregon, from issuing civil fines to homeless people camping on public land.
The appeals court reasoned the city ordinance’s ticketing scheme violated the 8th Amendment’s prohibition on cruel and unusual punishment.
Lawyers for the city, though, told the high court it should review the case because a civil fine doesn’t amount to a painful punishment and the lower court’s ruling is infringing on cities’ attempts to deal with the homeless crisis.
The ruling from the 9th Circuit is precedent for not just Grants Pass, but also for cities in eight other states within its jurisdiction: Montana, Washington, Idaho, California, Alaska, Arizona, Nevada and Hawaii.
The city’s legal team also said conflicting rulings exist from the 11th U.S. Circuit Court of Appeals over similar civil ordinances.
“There is nothing cruel or unusual about a civil fine for violating commonplace restrictions on public camping,” lawyers for the city wrote in its petition filed with the high court this week.
The case is City of Grants Pass v. Gloria Johnson and John Logan. It would take four justices to vote in favor of hearing the case for it to get granted.
The 9th U.S. Circuit Court ruled in 2018 that an anti-camping ordinance that criminalized homeless people for living on public land was unconstitutional unless the city had enough beds in shelters to provide for those living in the encampments. The case was Martin v. Boise.
The case against Grants Pass’ ordinance was originally brought by a group of homeless individuals.
Lawyers who represented the homeless plaintiffs in the 9th Circuit did not immediately respond to a request for comment about the appeal.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.