Today, the United States Supreme Court issued its decision in Grants Pass v. Johnson, a case that has been closely followed by local governments on the west coast and across the country. The issue before the court was whether the enforcement of generally applicable laws regulating camping on public property constitutes “cruel and unusual punishment” prohibited by the Eighth Amendment to the U.S. Constitution. The court, in a 6-3 decision, concluded along ideological grounds that such laws do not violate the Eighth Amendment.

Previous decisions by lower courts held that such camping laws violate the Eighth Amendment because, when enforced against individuals experiencing homelessness, they criminalize an individual’s status as homeless if there are not enough shelter beds to accommodate the individual. The Supreme Court disagreed with this conclusion, deciding that “public-camping laws prohibit actions undertaken by any person, regardless of status. It makes no difference whether the charged defendant is currently a person experiencing homelessness, a backpacker on vacation, or a student who abandons his dorm room to camp out in protest on the lawn of a municipal building.”
 
The majority decision also recognized that the issue of homelessness is complex. The Court acknowledged its causes are many, as are the public policy responses required to address homelessness. The Court concluded that allowing a handful of judges to address such a complex issue is not required by the Eighth Amendment, but rather such issues should be addressed by elected officials and the communities they represent.
 
While no doubt an important decision for local governments, here in Oregon the practical effect of today’s Grants Pass decision will not be significant. As most local governments are aware, in 2021 the Oregon Legislature enacted HB 3115 (ORS 195.530), which requires any city or county law that regulates the acts of sitting, lying, sleeping or keeping warm and dry outdoors on public property that is open to the public to be objectively reasonable as to time, place and manner with regard to persons experiencing homelessness. This bill statutorily codified some of the rights established by the Grants Pass line of cases, and to that end, local governments in Oregon must still comply with the basic premises of the previous decisions despite today’s ruling by the Supreme Court.
 

Most local jurisdictions have updated their local camping ordinance to be in compliance with HB 3115. If you have not, or would like to review your ordinance in light of today’s Supreme Court decision, please do not hesitate to contact our office for assistance.