An encampment at Tussing Park in Grants Pass, Ore., which has ticketed, fined and jailed the homeless for sleeping and camping in public spaces, on March 18.can bar people from camping on parks, sidewalks and other public spaces, the country’s Supreme Court ruled Friday in its most significant homelessness case in decades.
on the basis that cities could not enforce such provisions unless their number of “practically available” shelter beds exceeded the size of the homeless population. In a 6-3 decision written by conservative Justice Neil Gorsuch, the court cited history, saying that 18th-century England tolerated “certain barbaric punishments like ‘disemboweling, quartering, public dissection, and burning alive.
The importance of the decision was underscored by the court, with a 281-word footnote that notes the immense interest in the case, with nearly two dozen states and organizations that represent thousands of U.S. cities arguing in support of Grants Pass, and its anti-camping ordinances. The decision marks “a shameful day for the Supreme Court,” said Jesse Rabinowitz, director of campaigns and communication at the National Homelessness Law Centre in Washington, D.C. “Most Americans – most people – know that throwing someone in jail for sleeping outside with a blanket in the middle of winter is cruel and unusual.”
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