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Fact Check Team: Supreme Court reviews homeless ordinance, if it violates Eighth Amendment [1]

['Konner Mcintire', 'The National Desk', 'Http']

Date: 2024-06 

Today, the Supreme Court an oral argument that could significantly impact homelessness across the country.

Grants Pass, Oregon is a relatively small town with just under 40,000 people, 600 of whom experience homelessness. The city has an ordinance banning people from using blankets, pillows or boxes while sleeping in public - effectively banning homeless people from camping on public grounds.

The city enforces a $295 fine for violations; it increases to $537.60 if it is not paid on time. After two citations, police can ban an individual from city property which opens the door to trespass charges which carry heavier fines and up to 30 days in jail. Plaintiffs argue the city does not have public shelters.

The issue before the Supreme Court is whether or not the ordinance violates the Eighth Amendment’s prohibition on “cruel and unusual punishment.” There is not a strict rule that narrowly defines what constitutes “cruel and unusual punishment.”

However, a from a 1958 case called held the amendment should be interpreted using “evolving standards of decency.” In another case, , the court held a California law that made it illegal to be addicted to narcotics was a violation of the Eighth Amendment. The court the law punished the status of being addicted to narcotics rather than actual criminal conduct like selling, buying, or possession of drugs.

An aspect of today’s case could hinge on whether the court believes the Grant Pass ordinance punishes a behavior like camping on public land or the status of being homeless.



The most recent data from the (HUD) counted 63,104 people experiencing homelessness across the U.S. on a single night in January 2023. This is a 12% increase from 2022 and a record high. Between 2022 and 2023, homelessness increased in 41 states and D.C.; it only decreased in nine states.

According to the HUD report, more than half of all homeless people live in four states including California, New York, Florida and Washington. had the most with 181,399 people experiencing homelessness on a given night in 2023, which makes up 28% of the total homeless population in the U.S. State4s with very high rates of homelessness included New York, Vermont, Oregon and California. The District of Columbia also has a high rate with 73 of every 10,000 people experiencing homelessness.

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[1] Url: https://nbc24.com/news/nation-world/supreme-court-reviews-homeless-ordinance-broad-impact-grants-pass-oregon-bans-people-blankets-pillows-boxes-sleeping-violations-fines-arrest-public-shelters-eighth-amendment

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