News & Analysis as of

Eighth Amendment Local Ordinance Public Property

Sands Anderson PC

Public-Camping Ordinances Survive SCOTUS Challenge, Providing Certainty to Local Governments Policing Illegal Camping

Sands Anderson PC on

Public-camping ordinances across Virginia and the United States dodged a constitutional bullet that would have prohibited criminal penalties for violations those laws if the defendant did not have adequate access to shelter. ...more

Bricker Graydon LLP

Supreme Court Expands Available Government Strategies to Respond to Homelessness Crisis

Bricker Graydon LLP on

On June 28, 2024, the U.S. Supreme Court issued a decision in City of Grants Pass, Oregon v. Johnson finding municipal ordinances prohibiting camping on public property to be a constitutional exercise of local government...more

Tucker Arensberg, P.C.

U.S. Supreme Court Weighs In: Are Ordinances Used to Prohibit Homeless Encampments in Public Areas Unconstitutional?

In response to a class action suit by homeless people challenging several anti-camping ordinances in the city of Grant Pass, OR, the U.S. Supreme Court explored the contours of the Eighth Amendment (“8A”) of the U.S....more

Stoel Rives -  Ahead of Schedule

United States Supreme Court Lifts Restrictions on Public Camping Laws in the Ninth Circuit

Policymakers have several tools for addressing the rising issue of homelessness in their communities.  In City of Grants Pass, Oregon v. Johnson, No. 23-175603 (June 28, 2024), the U.S. Supreme Court (“Court”) had its first...more

Best Best & Krieger LLP

Ninth Circuit Revisits and Clarifies the Reach of Martin v. City of Boise

Court Invalidates City’s Attempts to “Evade” Martin - Over the last few years, courts have significantly narrowed the permissible scope of local regulation of public camping. The catalyst for this shift was Martin v. City...more

Best Best & Krieger LLP

Court Rules that City-Erected Structure at a Municipal Airport is Not “Shelter”

Decision in Compliance with Martin v. City of Boise - The last few years have seen a fundamental shift in how municipalities can lawfully regulate camping on public property. The spark for this shift was Martin v. City of...more

Best Best & Krieger LLP

Local Ordinances Cannot Permit Prosecution for Sleeping Outside on Public Property When No Shelter is Available - Ninth Circuit...

Cities cannot prosecute people criminally for sleeping outside on public property if they have no home or no other shelter to go to, the U.S. Ninth Circuit Court of Appeals ruled earlier this week. The court held that...more

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