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    64 months ago

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    It comes as cities nationwide grapple with a spike in the number of people without access to shelter, driven in part by high housing costs and the end of aid programs launched in response to the COVID-19 pandemic.

    The ruling is likely to clear the way for state and local officials to mete out civil punishments in an effort to curtail homeless encampments, which have spread throughout the West as a result of a federal appeals court decision in the case involving anti-camping ordinances from Grants Pass, Oregon.

    A number of state and local leaders across party lines have defended camping bans as necessary for protecting public health and safety, but the U.S. Court of Appeals for the 9th Circuit found laws imposing civil penalties on homeless people for sleeping outside when they have nowhere else to go are unconstitutional.

    The Supreme Court reversed that decision, concluding that the enforcement of laws regulating camping on public property does not constitute cruel and unusual punishment under the Eighth Amendment.

    In 2013, local officials decided to ramp up enforcement of ordinances that prohibit sleeping or camping on public property or in city parks.

    A divided panel of three judges on the 9th Circuit upheld the district court’s decision, finding that Grants Pass couldn’t enforce its anti-camping ordinances against homeless people merely for sleeping outside with protection from the elements when they have nowhere else in the city to go.


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