Supreme Court allows cities to enforce bans on homeless people sleeping outside, even if shelter space is lacking

The case is the most significant to come before the high court in decades on the issue and comes as a rising number of people in the U.S. arealong ideological lines, the high court reversed a ruling by a San Francisco-based appeals court that found outdoor sleeping bans amount to cruel and unusual punishment.

He suggested that people who have no choice but to sleep outdoors could raise that as a “necessity defense,” if they are ticketed or otherwise punished for violating a camping ban.encroaching on sidewalks and other public spaces in nine Western states. That includes California, which is home to one-third of the country’s homeless population.

Homeless advocates, on the other hand, said that allowing cities to punish people who need a place to sleep would criminalize homelessness and ultimately make the crisis worse. Cities had been allowed to regulate encampments but couldn’t bar people from sleeping outdoors. “Punishing people for their status is ‘cruel and unusual’ under the Eighth Amendment,” she wrote in the dissent. ”It is quite possible, indeed likely, that these and similar ordinances will face more days in court.”

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