Jun 27, 2024
WASHINGTON, D.C. (Nexstar) — A Supreme Court Case originating in Grants Pass, Oregon could have major implications for Austin's camping ban. The Supreme Court is scheduled to announce its decision on Friday for Grants Pass v. Johnson, a case that challenges the constitutionality of arresting or ticketing homeless individuals for camping outdoors when they have no safe alternative, arguing it is cruel and unusual punishment, thereby violating the Eighth Amendment. The case began when Gloria Johnson, a homeless woman residing in Grants Pass, sued because she received a ticket for camping in public despite no shelter beds being available at that time. Voters in the City of Austin passed Proposition B in May 2021 which reinstated Austin's public camping ban, imposing penalties on individuals camping near downtown and The University of Texas. It also applies to camping in public areas not designated by the Austin Parks and Recreation Department. This ban followed a bill passed by the Texas House in early May 2021 and made effective September 2021 which enacted a camping ban statewide and would also punish local governments that do not enforce the ban.  If the Supreme Court rules in favor of Grants Pass, Austin's existing camping ban will remain unchanged by federal rule. However, if the Court rules in favor of Johnson, deeming camping bans unconstitutional under the Eighth Amendment, the city will likely need to reconsider its current legislation. The latest data from the Ending Community Homelessness Coalition (ECHO) says there are 5,020 people in Austin likely experiencing unsheltered homelessness. In April, the City of Austin announced that it had hired a consultant to offer recommendations on improving public education about the actions of its homeless strategy office. During oral arguments in April, the conservative majority of the court appeared inclined to support the City of Grants Pass. Justice Neil Gorsuch, appointed by former President Donald Trump, questioned the extent to which punishable actions are tied to conditions beyond individuals' control, sparking a debate on a homeless individual's status versus action. The justices consistently portrayed the legality of homelessness as a complex matter, prompting some to question whether the Supreme Court should be the arbiter of such issues. Liberal justices like Sonya Sotomayor and Elena Kagan, both appointed by former President Barack Obama, argued that the policies under scrutiny unfairly targeted homeless individuals. The court’s session is set to end Friday, but with 6-7 cases awaiting an opinion, the Supreme Court has not confirmed that June 28 will be the final day decisions are released.
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