• Homelessness case at Supreme Court

    From Adam H. Kerman@3:633/280.2 to All on Tue Apr 16 04:45:30 2024
    City of Grants Pass, Oregon, v. Gloria Johnson, et al. has been set for argument before the United States Supreme Court on Monday, April 22, 2024.

    To prevent the homeless from living in a public park, they passed an
    ordinance to ban this enforced with civil penalties.

    In an earlier case from another city, the Ninth Circuit held that such ordinances violated the Cruel and Unusual Punishment Clause of the
    Eighth Amendment unless the person has "access to temporary shelter."
    When a broad injunction against such ordinances generally was obtained,
    that affected this city. This set up the circuit split as the California Supreme Court and Eleventh Circuit have upheld similar ordinances. The
    issue is whether the Clause applies to purportedly involuntary conduct.

    This is well beyond my legal knowledge. Have there been cases in other
    areas in which the Clause was applied to civil penalties that I am
    unaware of? I really thought the clause was criminal only.

    The docket https://www.supremecourt.gov/docket/docketfiles/html/public/23-175.html

    Articles https://apnews.com/article/supreme-court-homelessness-encampment-sweeps-cities-92ee954dfe2e32d892e9a73e25f16ae3
    https://apnews.com/article/grants-pass-oregon-supreme-court-homeless-encampments-a8dcddb518bd76b11d409666c06701b8

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